U.S.- Mexico Binational Commission Working Group on Homeland Security and Border Cooperation

BACKGROUND
The Governments of the United States and Mexico have worked actively since the last BNC to perfect, modernize and expand its many mechanisms devoted to creating a border region that ought to be modern, safe, and efficient. As part of this effort and recognizing the new realities facing both our countries, our Governments decided to rename the BNC Working Group devoted to the border as the Working Group on Homeland Security and Border Cooperation. This group's broader portfolio underscores our mutual resolve to create a border that embraces technology and enhances bilateral cooperation to ensure a humane and efficient management of the border that joins our peoples and our economies. Our two governments recognize that we must facilitate the increasing flow of trade between our two nations and the legal movement of persons while assuring the security of our societies. The Mexican Foreign Ministry and Ministry of Governance and the U.S. Departments of State and Homeland Security co-chair this new working group.

The U.S. and Mexico Governments are engaged in the following areas:

Border Cooperation: Since the BNC's creation, the Commission has strove to address the breadth of issues facing the border region. With new challenges emerging and old ones remaining, both governments are committed to perfecting and modernizing our many instruments for border cooperation. Further, we strive to engage all levels of government in a shared vision of the border: one that is modern, secure and efficient. In particular, we agree to work further to fulfill the commitments contained in the March 2002 Border Partnership Accord to improve binational planning for the border.

ACCOMPLISHMENTS

U.S.- Mexico Bridges and Border Crossings Group (BBCG) has undertaken the most far-reaching changes since the group's inception to improve its performance and mission. These reforms enable both governments to respond more effectively to the demand for new border crossings and to respond to the problem of bottlenecks that impede the efficiency of existing crossings. The Group met most recently in San Diego, California (September 30 - October 2, 2002) and in Saltillo, Coahuila (May 27-29, 2003). It also conducted a "border walk," inspecting facilities in portions of Texas, Chihuahua, and New Mexico. Both binational meetings benefited significantly from new ways of working that better focused the public sessions and sharpened the private session discussions. These reforms have set the foundation for a genuinely binational effort to manage better the planning, construction, and maintenance of new Ports of Entry.

The U.S. - Mexico Joint Working Committee has inventoried existing binational financial tools for developing Ports of Entry (POE) and has identified several locations for pilot workshops in innovative finance; has approved and is developing a Geographic Information System for the border region, as well as a traffic simulation model, known as Border Wizard, for Mexican POE operations; has approved a pilot project to remedy stakeholder coordination shortfalls in POE development; and approved bi-national methodologies for evaluating border transportation corridor needs and relieving bottlenecks.

Further, funding from a $25 million Letter of Agreement signed at the last BNC is being used to: support establishment of five Secure Electronic Network for Traveler's Rapid Inspection (SENTRI) lanes; install non-intrusive inspection equipment at major Ports of Entry (POE's), provide training and equipment to prevent migrant deaths and strengthen border safety; implement a transportation planning tool, Border Wizard, to improve POE management, and to implement an Advance Passenger Information System to improve/expedite screening of air travelers.

Responding to the new security challenges confronting the border region, both Governments are strengthening their coordination efforts for responding to emergency situations, particularly involving border Ports of Entry. Through the establishment of ten Border Liaison Mechanisms, co-chaired by adjacent U.S. and Mexican Consulates, it has been possible for Federal, state, and local authorities from both countries to act promptly and collaboratively to address local problems and conditions.

The International Boundary and Water Commission (IBWC) recorded Mexico's delivery of 400,000 acre-feet of Rio Grande water to the U.S. as called for in an agreement reached between both governments in January 2003.

The IBWC concluded Minute 309 on July 3, 2003 that identified water savings in the Rio Conchos watershed that will be delivered to the Rio Grande River. In conjunction with this Minute, the North American Development Bank has allocated some $40 million for technical improvements and modernization of irrigation projects in the Delicias water district in Chihuahua, Mexico.

The Commission also recorded the U.S. delivery of 1.5 million acre-feet of Colorado River water to Mexico, per the 1944 Water Treaty.

The IBWC also concluded Minute 310 on July 28, 2003, which enables emergency water deliveries to the City of Tijuana from Mexico's Colorado River allocation through a series of aqueducts passing through Southern California.

As part of the Border Partnership Accord, IBWC has completed a vulnerability assessment of the binational infrastructure located along the Rio Grande, Colorado and Tijuana Rivers and is taking the necessary measures to ensure this infrastructure's protection. The Commission also developed a binational action plan for monitoring and undertaking early warning measures against the risk of contamination of municipal water supplies. It also adopted joint flood control measures in the Lower Rio Grande.

Both Governments agreed to continue discussions on various issues related to the Colorado River.

The United States - Mexico Border Health Commission (BHC), established only three years ago, has transformed itself into a body able to respond to the health needs of border communities and capable of coordinating binationally between all levels of government. This year the BHC adopted a set of by-laws and approved internal procedures on the management of funds. It allocated $2.18 million to outreach offices in the ten U.S. - Mexico Border states. BHC launched the Binational Tuberculosis Referral and Case Management Project to integrate at a binational level TB control efforts. It also conducted a workshop on the prevention and control of the West Nile virus.

Both Delegations acknowledged the Border Environmental Cooperation Commission's (BECC's) concern regarding diminishing funding levels for the Border Environmental Infrastructure Fund (BEIF).

Homeland Security: Bilateral cooperation on homeland security is oriented by the framework of the U.S. - Mexico Border Partnership accord, which was signed in March 2002, during the meeting between Presidents Fox and Bush in Monterrey, Mexico. Significant accomplishments this past year and a half include:

• Infrastructure that keeps pace with travel and commerce: The Mexico-United States Critical Infrastructure Protection Framework for Cooperation has branched out into six sector-specific working groups that have developed compatible action plans to identify, secure and protect cross-border critical infrastructure. As this process matures, our two governments will have to consider formalized funding procedures.
  
• The secure flow of people: By implementing sound risk management principles and harmonized processing at ports-of-entry (POEs), we are working to ensure safe, orderly, and secure travel for legitimate border crossers. The United States and Mexico have expanded POE operations at Otay Mesa to 24-hours/7-days a week to accommodate legitimate travelers. The United States is expanding the use of 'dedicated commuter lanes' in order to facilitate expedited travel by pre-screened, low-risk individuals through congested ports of entry. The United States Government has extended the enrollment period in the Secure Electronic Network for Travelers Rapid Inspection (SENTRI) program from one year to two years and opened a new SENTRI enrollment office in Otay Mesa. The United States is substituting the SENTRI infrastructure with the state-of-the-art NEXUS technology now in place at the U.S.-Canada Border. Individuals will be transferred to this new program at no cost.
  
  Both governments established a joint working group to identify specific sites for future dedicated commuter lanes. Our intent is to expand the program to new sites in fiscal year 2004, including the first ever SENTRI pedestrian lane at the San Ysidro POE. The U.S. and Mexican governments also agreed to create a joint working group whose mandate is to avoid potential disruptions by the US VISIT Program to the flow of people and tourism across our common border. While we are implementing systems to expedite the processing of legitimate travelers at the ports of entry, both governments also recognize the need to safeguard to the greatest extent possible those individuals who are being exploited by illegal people smuggling operations. We have worked cooperatively to disrupt and bring to justice smugglers who imperil the lives of migrants, including those involved in the tragic incident in Victoria, TX. In further efforts to warn and safeguard people extensive binational media campaigns have been developed and elite search trauma and rescue efforts have been implemented to provide aid to those in distress.
  
  
• The secure flow of goods: U.S. Customs and Border Protection (CBP) and the General Customs Administration of Mexico (GCAM) have taken significant strides in guaranteeing the secure and efficient flow of trade between our nations. The two agencies have harmonized and extended the hours of service, in coordination with our trade communities, at ports of entry. They have expanded partnerships with the private sector such as the Business Anti-Smuggling Coalition, the Customs-Trade Partnership Against Terrorism, and Mexico's Compliant Importer/Exporter Program (178 of the 300 largest traders, that account for 66 percent of our bilateral trade, have already been certified by this program) to implement supply chain security.
  On October 27, 2003, an initial FAST (Free and Secure Trade) lane was opened in El Paso/Juarez. Plans are underway to expand FAST lanes in 2004 to six additional border crossing points (Otay Mesa, CA, Calexico, CA, Nogales, AZ, Laredo, TX, Pharr, TX, and Brownsville, TX) that account for 91 percent of the trade crossing the US-Mexico border. Also, southbound lanes will be made available at these same locations. A major effort is nearing implementation to jointly review air passengers arriving on our shared continent. It is anticipated that an Advanced Passenger Information System (APIS) with Mexico will be operational during the first quarter of 2004 and will permit the screening of arriving passengers with a view to identifying high-risk individuals. There are other important cooperative efforts in the goods area, such as the exchange and management of information, securing in-transit shipments, and major efforts to share, research and effectively implement the latest in technological advances in support of secure and efficient processing.

PLAN OF ACTION FOR 2004

To pursue introduction of new technologies and planning tools, a pilot project to deploy the Border Wizard at two locations will be undertaken in the coming months. Training will be provided to Mexican personnel on the Border Wizard so this planning capability will be available eventually at 21 ports of entry.

Both governments have completed design work and basic information gathering for the development of Internet sites, enabling each government to report on its respective activities affecting the border and the activities of the various binational border institutions.

IBWC plans to conclude a new Minute to provide a comprehensive solution to the problem of untreated sewage flows from the Tijuana River basin into the Pacific Ocean. IBWC intends to convene a Binational Summit of experts and water users from both countries to share data concerning sustainable management of the Rio Grande Basin. Both Governments will continue discussions on various issues pertaining to the Colorado River

The Joint Working Committee will sponsor a bi-national safety conscious planning forum, and conduct several workshops in border communities on innovative financing mechanisms, geographic information systems, and border simulation modeling. The BBCG will continue efforts to harmonize approaches toward approving new border crossings.