Originally published in Blakes Bulletin on International
Trade & Investment, February 2011
Prime Minister Stephen Harper and President Barack Obama
announced the signing of the Beyond the Border Declaration
on Friday, February 4, 2011. The declaration announces the intent
of the parties to open the border between Canada and the U.S. to
legitimate trade and movement of people. From increasing
opportunities to participate in trusted trader programs to
decreasing the regulatory discrepancies between the two countries,
significant changes could be coming for businesses involved in
The declaration announces the intention to adopt a
"perimeter" approach to security, which the governments
hope will increase economic competitiveness, job creation and
prosperity, while at the same time ensuring common security. In
order to implement and carry out the aims of the declaration, a
"Beyond the Border Working Group" will be established,
composed of representatives from both governments. The working
group will look to produce and then oversee a joint Plan of Action
in order to realize the goals of the declaration.
Four key areas of co-operation are identified by the
governments. The parties to the declaration plan to work together
Facilitating trade, stimulating economic growth and job
The early identification of threats;
Integrating cross-border law enforcement; and
Developing critical infrastructure and cybersecurity.
The governments will try to use compatible riskmanagement
approaches and, where possible, joint measures to support the goals
of the project. Further, the parties recognize that the success of
their efforts will require greater sharing of information.
The governments have announced several specific ways in which
they may improve the flow of people and goods across the border.
The governments have listed the following programs as possible
areas for development:
Creating bi-national committees tasked with developing shared
border management and infrastructure;
Expanding trusted traveller and trader programs;
Implementing common practices and streamlined procedures for
Automating processes at land borders; and
Developing integrated cargo security strategy in order to
facilitate subsequent border crossings of cargo from foreign
destinations that has already entered into either Canada or the
CROSS-BORDER SECURITY AND ENFORCEMENT
In the context of border security and threats to national
security, the governments aim to improve both intelligence
gathering and information sharing to better assess threats. The
areas of focus include:
Identification and management of health security threats;
An integrated entry-exit system; and
The development of joint privacy protection principles.
National security and transnational crime investigations may
also be pursued in an integrated manner and the governments will
look to strengthen cyber-security.
In addition to the Beyond the Border Declaration, the
leaders discussed two further initiatives complementing the
declaration: regulatory co-operation and green energy
In addition to the declaration, the leaders announced the
formation of the United States-Canada Regulatory Cooperation
Council (RCC). The RCC will be made up of senior regulatory, trade
and foreign affairs officials from both governments. The aim of the
council is to eliminate unnecessary burdens on cross-border trade,
reduce costs, foster cross-border investment and promote certainty
for businesses and the public. This will be achieved by simplifying
and co-ordinating regulations where feasible. Sectors that have
been identified for initial discussion include passenger vehicle
regulations, light-duty vehicles, organic products and
nanotechnology. This could have a significant impact on many
manufacturers that participate in cross-border trade, eliminating
some of the regulatory inconsistencies between the two
GREEN ENERGY INITIATIVES
Finally, the leaders discussed their continued commitment to
development in the green energy sector. The Second Report to
Leaders on the U.SCanada Clean Energy Dialogue was presented. The
dialogue, announced in February 2009, seeks to increase
co-operation between the two countries on the development of clean
energy technologies, reducing greenhouse gases and combating
climate change. The report referenced the three working groups
developed under the dialogue: advancing clean energy research and
development; promoting the development of clean energy technology,
particularly carbon capture; and building a more efficient
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
To print this article, all you need is to be registered on Mondaq.com.
Click to Login as an existing user or Register so you can print this article.
Please join members of the Blakes Commercial Real Estate group as they discuss five key provisions of a commercial real estate purchase agreement that are often the subject of much negotiation but are sometimes misunderstood.
Emotional culture is influenced in great part by the mindset and actions of leadership, although employees also play more of a role than they may realize in creating the culture that exists in the group.
The session will be led by Dr. Robert Brooks, an award-winning author and psychologist. In his presentation, Dr. Brooks will describe the mindset and realistic practices of leaders and staff that help to nurture and sustain a culture characterized by positive emotions, satisfying, respectful relationships, a sense of meaning and ownership for one’s work, and enhanced job performance. Examples will be offered to illustrate strategies for developing a positive emotional culture in an organization.
Join leading lawyers from the Blakes Pensions, Benefits & Executive Compensation group as they discuss recent updates and legal developments in pension and employee benefits law as well as strategies to identify and minimize common risks.
While that agreement mandated export measures on Canadian softwood lumber exports destined for the United States, it also protected those lumber exports from the potential imposition of onerous import measures by the U.S.
On September 29, 2016, the Supreme Court of Canada issued its first tariff classification decision since Canada signed the International Convention on the Harmonized Commodity Description and Coding System in 1998.
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).