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22 May 2009: Comments by Charge d'Affaires Regarding U.S.-Canada Border Issues
 

Comments by Terry A. Breese
U.S. Embassy Canada, Charge d’Affaires, a.i.
22 May 2009

The United States and Canada are more than neighbors, allies, friends and business partners. We are, of course, all of those things. But we are also are family with deep connections across the continent that have developed and flourished over the years.

When President Obama was here, he pointed out that two members of his staff are Canadians – emblematic of those family ties. A third, White House travel director Emmett Beliveau, is not Canadian. He's from Maine. But he did acknowledge that he's a cousin of Quebec hockey great Jean Beliveau.

I'd like to discuss an issue that is a top priority for many Americans and Canadians -- our shared border. It's an important issue, because it affects so many of us every day. Our livelihoods. The products we buy. Our family connections. There's a constant back-and-forth between our two countries. It's what makes us good neighbors. And no one wants to disturb that healthy ebb and flow across the border.

A historical cooperation has existed between the United States and Canada for many years now. I'd like to discuss the ongoing cooperation that I have been involved in very directly as our two governments navigate new realities.

There are also impending changes that have some people wringing their hands, but which I believe will have little negative and potentially a very positive impact on the movement of people and commerce across our borders.

It is, as Homeland Security Secretary Napolitano said recently, a real border. That's a simple, inescapable fact. It is the border between two great democratic nations. We have, since the Treaty of Paris began drawing a horizontal line across North America, pursued our unique destinies. At times we diverged and at other times we converged. But for the most part, we moved on parallel tracks, each nation shaping its laws and institutions to better serve its needs and interests. In the process, we have built two of the world's greatest nations, nations that could not ask for better neighbors.

The trade relationship that has developed between the United States and Canada -- a relationship that is the largest the world has ever seen -- is vital to both our economies. It has enriched both our societies and helped make us two of the world's most prosperous and successful nations. In this time of economic uncertainty, job losses and stimulus packages, no one wants to hamper or impede the steady flow of trade across our border.

In 2008, bilateral trade between Canada and the United States was worth almost 600 billion dollars. Canada is the number one export market for 36 of our 50 states and is among the top five export markets for another 10 states. Currently, over 75% of Canada's total exports are sold to the U.S. and the U.S. provides approximately 80% of Canada's total imports. These numbers are staggering. And crucial for both of our countries.

But security is also a reality and a high priority for both our nations. And it has been a priority for some time. Certainly long before the attacks of September 11 gave it new prominence.

Almost seventy years ago, our nations faced a grave threat to their security. France had fallen to the Axis and Britain was under siege. Canada was already at war. The United States soon would be. The Ogdensburg Declaration, issued by President Roosevelt and Prime Minister King on August 18, 1940, recognized for the first time that the defense of North America is an inseparably shared responsibility. Roosevelt and King established the Permanent Joint Board on Defense to "consider in the broad sense the defense of the north half of the Western Hemisphere."

After the war, the U.S. and Canada agreed to "continue to collaborate for peacetime joint security purposes." Together, they built the institutions of our continent's post-war security architecture:

  1. NATO, which just celebrated its 60th Anniversary and has grown to 28 member nations;
  2. NORAD, which marked its 50th Anniversary last year;
  3. The Distant Early Warning Line and its successor, the North Warning System, that I was privileged to visit last fall;
  4. A highly integrated defense industrial base; and
  5. Personnel exchanges, joint exercises, and the reciprocal availability of facilities.

Our countries agreed that "in this, as in many other matters of mutual concern, there is an identity of view and interest." Working together is what Americans and Canadians have done, and will continue to do. It is and has been the hallmark of the relationship between our two nations in the post-war era.

It remains no different today. As Prime Minister Harper stated during his press conference with President Obama, "The view of this government is unequivocal: threats to the United States are threats to Canada." I would add that the reverse is also true. A threat to Canada is a threat to the United States.

The threats to our peoples have changed. There is still a military threat. But there is also the threat from terrorism. There is the threat from cross-border criminal activity, natural disasters and epidemic disease. We have to work together to address and contain all of these threats. And we are. I think you have seen an excellent example of that trilateral cooperation the past weeks as the United States, Canada and Mexico respond to the H1N1 influenza outbreak.

Our cooperation and our shared defense have worked well for us for over 60 years. And we are now working together to ensure that our common defense is adequate to protect us from the threats of the 21st century.

The dangers have changed. Our responses to those dangers have evolved. But the basic tenets of collaboration and cooperation that served us so well in the past have not changed. The United States and Canada are still working together to face challenges and threats.

That's the historical reality that has existed between our countries for over 60 years and the context that defines our current situation. Now let me talk about where we are today. From my perspective, and the perspective of many of our Canadian partners, we continue in a spirit of cooperation and collaboration as we manage our shared border.

To repeat Secretary Napolitano's words: "It's a border." It is the boundary between two unique societies that have built different political systems, different legal systems, different immigration policies and different economic structures. We all expect the border to enforce laws that maintain some of those differences.

But while the border does divide our two countries, it need not and should not come between us. The challenge for us is to ensure that the border enforces our rules and laws without unduly hampering the extraordinary relationships that have grown up between our two societies at every level.

There was a time when it didn't feel like a border. You could chat with the customs official, give an oral declaration of your citizenship and drive on through. An American or Canadian accent was often enough and at some small crossing points, the officers knew personally just about everyone who crossed. Or, you could present any one of thousands of different documents.

I sometimes still hear people ask what was wrong with that kind of border -- knowing they would like to return to those days. We have to face the reality that they are gone. Nostalgia for what once was won't protect our nations and our citizens -- and that's the job both our governments are called on to do.

I'd argue that it's been what our border officials in both Canada and the United States have known and done all along. To those professionals, it has always been "a real border". Border officials knew that their job was to enforce national laws and sovereignty.

And although some have floated the idea of moving toward a European model, I don't think that either of our nations is ready to take the steps -- including that of reducing our national sovereignty -- to follow that model. So, we will have a border. The challenge is to make it work.

Every nation is entitled to know – and should know – the identities and nationalities of people entering its borders. Some of the documents that were formerly used to cross the border established residency. Others might authorize the holder to drive a car. Maybe they allowed you to borrow books at your local library or receive government benefits. But they did not establish citizenship or legal status. There's a big difference.

Both Canada and the United States are nations of immigration. Both have admitted millions of people from around the world who have enriched our societies and built our economies.

Many have become citizens. Others are permanent residents or temporary students and workers. How do we ensure that we know who enters our countries and do it in a way that avoids profiling or that delays legitimate travelers?

In order to do that, our Congress passed the Intelligence Reform and Terrorism Prevention Act (IRTPA) in 2004. The Western Hemisphere Travel Initiative (WHTI) is the joint Department of Homeland Security and Department of State plan to implement that law.

We concluded that the best course was to require secure, easily verifiable documents and to limit the number of acceptable documents so that agents can screen travelers more efficiently.

WHTI establishes document requirements for travelers entering the United States who were previously exempt, both Americans and Canadians.

Obviously, changes to our shared border affect both our nations. And that is why we are working with Canada as we move forward on implementation of the Western Hemisphere Travel Initiative.

The Government of Canada, as well as provincial and state governments, offered ideas and suggestions about WHTI implementation. I can assure you, having spent many, many hours in meetings, and having been being briefed by my staff about their many, many hours of meetings, that the United States and Canada are speaking openly about the decisions that are being made.

The United States listened to the suggestions and adopted many of them. We have exempted children under 16 and those under 18 traveling with organized school groups so that cross-border sports leagues – whether baseball or hockey -- are not disrupted.

We agreed to work with the states and provinces on "enhanced drivers' licenses" for border crossings after British Columbia and the State of Washington suggested such a document. Many of our states have enthusiastically adopted the idea. New York has issued more than 30,000 EDL documents since September. Washington State has issued almost 44,000 EDL documents since January. Vermont has started issuing EDLs while Michigan and Arizona are moving forward on EDL programs. North of the border, British Columbia has completed a limited pilot program, and plans to expand issuance this month. Québec recently announced its EDL program.

The United States is also issuing "passport cards." These contain all the information of a regular booklet passport, but without the bulk. The credit-card-sized document can be used by American citizens at land border crossings. The Department of State has issued more than a million Passport Cards since July and is receiving 40,000 applications a week. My family has ours.

The U.S. and Canada are also working with five federally recognized tribes on the development of an Enhanced Tribal Card. We've expanded the NEXUS and FAST programs for "trusted-travelers" who frequently cross the border. Over half a million people are in these programs and can take advantage of dedicated lanes at major land border crossings.

In order to make processing as efficient as possible, our land border facilities will rely on radio frequency identification (RFID) technology. RFID technology allows the agent to pull up the traveler's information as the person arrives at the border. It is technology that has been working well in our NEXUS and FAST programs for years. Personal information is NOT transmitted by the RFID device. That's important to note. The bearer's personal information is stored on their own government's databases. All that is transmitted is a unique identifier that allows the agent to pull up the person's information on the agent's screen.

Travelers of course have the option of using a passport to cross the border. No one is insisting that a traveler use an Enhanced Driver's License, NEXUS or FAST card. But we are providing the option so that people on both sides of our border can choose and use the method most convenient for them to continue to visit, shop, work or conduct business. That's what the Government of Canada asked us to do when implementing WHTI, and that is what we have done.

Let's examine where we stand now. WHTI air requirements went into effect in January 2007. There was a lot of speculation that it was going to be disastrous. In reality, even from those first days, compliance was very high. Most of the travelers had passports or other acceptable documentation. Compliance continues to be high—well over 99 percent of American and Canadian citizens travel with the appropriate documents.

The United States terminated oral declarations at the land border this past January. Again, compliance was very high – over 95% -- from the beginning. And more than 80% of travelers at the land border have been using WHTI-compliant documents since January. So, our citizens adjusted, and the U.S. government operated with flexibility, and the new regulations went into effect without great difficulty.

And now let's look at where we're heading.

As most of you know, on June 1, WHTI land and sea requirements go into effect. That means that all travelers at a land or sea border will be required to have proper documentation: a passport, a passport card, an enhanced driver's license, NEXUS or FAST card.

Once again some people are worried that things won't run smoothly. I understand those concerns, but I believe they are misplaced. Again, look back at how well the WHTI air regulation was implemented.

No one can foresee every possible issue that might arise at a border which sees about 600,000 people and over $1.6 billion in goods crossing every single day. But I can assure you that the United States and its agencies are doing everything we can to make this transition as smooth and painless as the transition was for the air rule.

We're updating our border facilities. At Champlain, the United States spent $185 million rebuilding the inspection facility. It has 12 passenger vehicle booths, 12 for commercial vehicles, and plenty of space for waiting trucks -- off the highway.

At Detroit, the Ambassador Bridge operator is spending $100 million to expand and modernize the inspection plaza. Michigan is spending millions more to improve the road connection to I-75. And the operator of the Detroit-Windsor tunnel is planning a $50 million upgrade to that port of entry.

At Peace Arch, the United States and the State of Washington are spending $107 million to construct a new land port of entry and improve the highway interchange.

We also have launched a public information campaign to inform both Americans and Canadians about the rules. The advertising campaign includes print and television ads in English, French and Spanish. Our Customs and Border Protection officials and our Consular officers have spoken to audiences across Canada – in person and via video conferences -- about the new border requirements.

For eighteen months now, travelers crossing our border without citizenship documents have received a flyer informing them of what kind of documents they will need come June first -- so we have every reason to be confident that awareness of the upcoming deadline is very high with travelers from both countries.

We really are doing all in our power to inform people of the documents that they will need to cross the land and sea borders.

Both the United States and Canada have ramped up our capacity to issue passports. The United States issued 16.2 million passports in its FY-2008. We have the capacity now to issue 30 million passports a year, although demand this year is well below that figure at an estimated 13 million.

Canada has also expanded its passport capacity and close to 75% of adult Canadians now hold passports. That's a huge number. Currently, about 28 percent of the American population holds a passport, a figure that is often cited as a cause for concern. I am much more sanguine about U.S. preparedness. The number of valid U.S. passports in circulation has more than doubled since 2005. Over 90 million Americans now hold valid passports.

We need to remember that a lower percentage of our citizens travel to Canada. Americans living near the border -- like Canadians -- are probably more likely to cross that border.

But a much lower percentage of our population lives near that border. And many of the northern border states -- New York, Michigan, Washington, Vermont -- are issuing EDLs. So, we believe that U.S. citizens who live near the border and who are likely to cross that border are hearing about the new regulations and acting on that information.

Can I guarantee that everything will work smoothly? Of course not. But I'm optimistic.

I believe that word is getting out. That people are getting the documents they need. And that our colleagues at DHS are working to ensure that the rules will be implemented fairly and with common sense. There will not be a giant gate that closes on the border on June 1st.

What I am certain about is that WHTI will improve the functioning of our border, compared to the current patchwork. I am confident that it will expedite trade and travel and that we will one day wonder what all the fuss was about.

And I know that this will help us to keep both our nations safe. No one is trying to make it more difficult for good people or legitimate trade to cross the border.