CBP, CBSA Outline Details of "Beyond the Border" Action Plan

(The plan is one of the steps Canada and the U.S. agreed to take as part of their effort to realize a “perimeter approach” to security and economic competitiveness, a goal declared by the two countries in February 2011.)

“Cleared Once, Accepted Twice”Approach to Screening 3rd-Country Cargo

The U.S. and Canada will work to develop a harmonized approach to screening inbound cargo arriving from offshore that will result in increased security and the expedited movement of secure cargo across the U.S.--Canada border, under the principle of “cleared once, accepted twice.”

This work will include the following elements:

Mutual Recognition of Air Cargo Security Programs for Passenger Aircraft Targeted by March 2012

The U.S. and Canada planned to evaluate and achieve mutual recognition of their respective air cargo security programs for passenger aircraft by March 2012. They will ensure that there is a commensurate set of security controls so that both countries’ programs achieve equivalent levels of security to eliminate rescreening except for cause.

Implement Common Data Elements for Advance Cargo Screening, Etc. by 2013

They agree to develop and implement a common set of required data elements for all modes of transport for advance security screening of cargo as follows:

• Develop common data elements by June 2012 - develop a common set of required data elements by June 30, 2012, for all modes of transport for advance security screening of cargo, including the targeted populations for collections, timing for collections; what data elements are needed as a common set of elements for collection (including those required for in-bond (United States) /in-transit (Canada) shipments arriving from offshore, and for domestic shipments which transit through the other country.)
• Identify alternate approaches for trusted traders by Sept 2012 - identify and evaluate options by September 2012 under which trusted traders could use alternate processes and approaches to submit advance data elements, including examining whether and how, existing program flexibilities can be enhanced; and
• Implement common data sets by Dec. 2013 - implement by December 2013 the common sets of required data, as well as any alternate processes and approaches for trusted traders.

Implement Integrated Cargo Security Strategy Based on Risk in 2014

The U.S. and Canada will develop a joint strategy to address risks associated with shipments arriving from offshore based on informed risk management as follows:

• Develop strategy by June 2012. By June 30, 2012, they will develop the Integrated Cargo Security Strategy (ICSS) which will address security risks associated with inbound shipments from offshore as early as possible in the supply chain or at the perimeter, with the expectation that this will allow them to reduce the level of these activities at the U.S.-Canada border.
• U.S. to pilot harmonized targeting, in-bond truck cargo module. The U.S. will launch pilots in September 2012. The first will involve the harmonization of targeting and risk assessment methodologies and the targeting and risk assessment of cargo arriving from offshore at a major U.S. port destined for Canada. The second pilot will test a new in-bond module for processing in-transit/in-bond (Canada--U.S.--Canada) cargo traveling by truck.
• Canada to pilot air pre-load info; vetting, marine cargo exams. Canada will also a launch a pilot in September 2012 which will involve pre-load information and targeting in the air mode; perimeter vetting and examination of inbound marine cargo at Prince Rupert destined for Chicago by rail and of marine cargo arriving at Montreal destined to the U.S. by truck. Canada will build new cargo examination facilities in Halifax and Vancouver, as required.
• Implementation expected in 2014. The U.S. and Canada anticipate that the pilots will inform the ICCS, which they expect to begin implementing in 2014.
• May include WPM inspections at perimeter. Depending on the results of a study they will conduct on wood packaging material (WPM) (see below), inspections of such material at the perimeter could also be included in the ICSS.

Align C-TPAT & PIP and ISA & CSA and Add Benefits

The two countries will work toward adopting a common framework for trusted trader programs that will align requirements, enhance member benefits, and provide applicants with the opportunity to submit one application to multiple programs as follows:

Under Tier I on supply chain security, they will:

• Harmonize C-TPAT & PIP, offer automated enrollment, etc. - harmonize the U.S.’ Customs-Trade Partnership Against Terrorism (C-TPAT) program and Canada’s Partners in Protection (PIP) program and offer new benefits, including an automated enrollment system. Canada will develop an interoperable communication portal similar to the United States’ by December 2013.
• Extend FAST benefits to members by mid-2012 - extend the Free and Secure Trade (FAST) benefits to members in these programs at agreed locations beginning in mid-2012.

Under Tier 2 on trade compliance and expedited border and accounting processes they will:

• Review ISA & CSA by June 2012, work to align them. The two countries will conduct a detailed comparison and review of Canada’s Customs Self Assessment (CSA) and the U.S. Importer Self Assessment (ISA) programs by June 2012. They will jointly consult with stakeholders to identify and assess additional ways to expedite border processes and assess options to collect data in advance. A report with recommendations will be completed and distributed to members by September 2012. Canada will also fully implement its Partners in Compliance (PIC) program by September 2012. Then they will work to align CSA and ISA to the greatest extent possible, while enabling members the flexibility to select the benefits that meet their business needs.
• U.S. to offer expedited processes to tier 2 members. After the ISA-CSA review, the U.S. will identify and provide expedited border processes and modernized, streamlined accounting processes to tier-two members.
• Canada to pilot tier 2 benefits, then extend to approved cos. Canada will initiate a one-year pilot to provide tier-two benefits to the processed-food sector by July 2012, which will enable participants to provide transactional data post-border to the regulatory authority and permit access to expedited clearance processes and lanes at the border in Canada. Within one year of the pilot’s successful completion, permanent access to these program benefits will be provided to all approved companies by Canada.
• Pilot lower inspection rates based on compliance. In addition, they will explore product specific pilots aimed at lowering inspection rates for certain industry sectors based on regulatory compliance history. Canada will lead a pilot in the agri-food sector and the U.S. will lead a pilot in the pharmaceutical sector.
• Extend membership to non-resident importers. They will also extend membership in these self-assessment programs to “non-resident importers” between the U.S. and Canada.

Implement Additional Pre-Clearance and Pre-Inspection Initiatives

The U.S. and Canada also agreed to develop a comprehensive approach to pre-clearance and pre-inspection covering all modes of cross-border trade and travel. This approach will include the following elements (partial list):

• Negotiate land, rail, marine pre-clearance agreement. They will negotiate, by December 2012, a pre-clearance agreement in the land, rail and marine modes to provide the legal framework and reciprocal authorities necessary for U.S. Customs and Border Protection (CBP) and Canada Border Services Agency (CBSA) to effectively carry out their security, facilitation, and inspection processes in the other country.
• Test pilots in 2012 and beyond. CBSA will conduct full pre-clearance of goods and travelers at Massena, New York. Negotiations to this end will be completed by December 2012. CBP will implement by September 2012 a truck cargo facilitation pilot project in at least one location in Canada to be mutually determined. Based on a positive evaluation of these pilots, they would consider an expansion to additional sites in both countries.
• Assess ways to move WPM inspections from border. They will establish a working group led by CBP/APHIS and CBSA/CFIA to conduct a wood packaging material feasibility study jointly funded by the U.S. and Canada. The working group will identify and address any policy, program or operational changes required to move inspections for WPM away from the U.S.--Canada border to the perimeter. This study will be completed by December 2012.
• Pilot alternative inspections for fresh meat. CFIA and FSIS will also initiate a 1-year pilot by June 2012 to provide for advance review and clearance of official certification and alternative approaches to import inspection activities for fresh meat. The pilot results will be evaluated by September 2013 to inform the future of such work.

Work Toward Single Window for Importer Customs & PGA Information

U.S. Customs and Border Protection (CBP) and Canada Border Services Agency (CBSA) will work to provide traders with a single window through which they can electronically submit all information required to comply with customs and other government regulations. This information would then be assessed electronically by the relevant government departments and agencies. In doing this, they will:

• Fully implement & align their single-window programs - fully implement and align their single-window programs for imports entering the respective countries;
• Make essential data for 4 priority PGAs electronic by 2013 - convert the data requirements of all participating government departments and agencies to electronic form by 2013. In carrying out this conversion, departments and agencies will review their existing regulatory requirements and identify for conversion only that information which is essential for regulatory purposes. As an interim milestone, they will convert border-related decision processes for at least the top four priority departments and agencies to electronic form no later than December 2013.

Increase & Harmonize Low-Value Shipments to $2,500 to Expedite Processing

The two sides agree to promote supply chain connectivity by harmonizing low-value shipment processes to expedite customs administration. They will increase and harmonize the value thresholds to $2,500 for expedited customs clearance from the current levels of $2,000 for the U.S. and $1,600 for Canada. Canada will increase the value threshold to $2,500 for exemption from North American Free Trade Agreement Certificate of Origin requirements, thereby aligning it with the current threshold of the U.S.

List all Border Fees & Purpose, Have Third-Party Assess Impact

Each country will develop an inventory of fees and charges at the border, which sets out their purpose and legal basis, how they are collected, how much is collected, their intended use, and the rationale for collecting them at the border. They will then commission a third party to conduct an economic impact assessment of such fees, including their cumulative effect, on the competitive position of three economic sectors in the U.S. and Canada for which cross-border activity is important. DHS and Public Safety Canada will then issue a report by September 2012 on the issue.

Develop 5 Year Border Infrastructure Investment Plans Starting in June 2012

The U.S. and Canada agree to develop bilateral, 5-year Border Infrastructure Investment Plans to ensure a mutual understanding of available funding for targeted projects and the schedule, scope, and responsibilities for those projects. They also commit to make significant investments in physical infrastructure at key crossings to relieve congestion and speed the movement of traffic across the border. By June 30, 2012, they will develop coordinated project investment and implementation plans that will, together with certain infrastructure-specific actions at small/remote crossings, constitute the first bilateral 5-year Border Infrastructure Investment Plan to be renewed annually.

As initial respective priorities, the U.S. will put forward for approval Alexandria Bay, New York; Blue Water Bridge, Michigan; Lewiston Bridge, New York; Peace Bridge, New York for such investments and Canada will put forward Emerson, Manitoba; Lacolle, Quebec; Lansdowne, Ontario; North Portal, Saskatchewan; and Peace Bridge, Ontario.

Canada toDeploy RFID in at Least 2 Lanes at 11 Land Ports

To align with existing U.S. investments, Canada will deploy Radio Frequency Identification (RFID) technology in a minimum of 2 lanes at 11 land ports: Ambassador Bridge (Windsor, Ontario); Blue Water Bridge (Sarnia, Ontario); Cornwall (Cornwall, Ontario); Douglas (Surrey, B.C.); Emerson (Emerson, Manitoba); Peace Bridge (Fort Erie, Ontario); Lacolle (St-Bernard-de-Lacolle, Quebec); Pacific Highway (Surrey, B.C.); Queenston Bridge (Niagara, Ontario); Rainbow Bridge (Niagara, Ontario); and Windsor-Detroit Tunnel (Windsor, Ontario).

Implement Border Wait-Time Measurement System over 3 Years at 20 Crossings

CBP and CBSA will develop a plan to identify reasonable and achievable border wait time service levels at major crossings. Real time border wait time information will be made available to border and transportation agencies to better manage their resources and to drivers to make informed decisions about when and where to cross the border. Installation of the border wait time measurement system will be completed over the next 3 years at the top 20 crossings.

Expand NEXUS Lanes by 2013, Etc. to Support Trusted Trader/Traveler Programs

By March 31, 2012, the U.S. and Canada plan to develop a plan to expand NEXUS lanes, booths, and access to the lanes as required, at five ports of entry to accommodate the expected increase in NEXUS membership as a result of the implementation of this Action Plan. Additionally, by December 2012, they will conduct a review of the FAST program to determine if future investments are warranted, and at which locations. Wherever feasible, the number of NEXUS lanes and booths will be aligned at each border crossing.

As a first step, to align with existing U.S. investments, Canada will, by June 2013, expand NEXUS lanes and booths at the following locations: Abbotsford, B.C.; Aldergrove, B.C.; Douglas, B.C.; Fort Erie, Ontario; Lacolle, Quebec; Pacific Highway, B.C.; Queenston, Ontario; Sarnia, Ontario; and Windsor, Ontario.

Joint Assessments/Audits of Plants, Animal, Food Safety in 3rd Countries

The U.S. and Canada plan to better protect the two countries from offshore food safety and animal and plant health risks by conducting joint assessments and audits for plant, animal, and food safety systems in third countries.

Develop joint animal/plant visit processes by Dec. 2012. With respect to animals and plants, they will develop by December 31, 2012, assessment processes and joint site visit plans for commodities of common interest from third countries and address how to incorporate the findings of these site visits into risk management decisions; and develop a mechanism to share the results of assessments when conducted separately.

Develop joint food audit methodologies by Dec. 2012. With respect to food safety systems, by December 31, 2012, they will: (i) develop joint methodologies, including audit criteria, for conducting audits; (ii) develop joint audit plans to pilot the evaluation of foreign food safety inspection systems in third countries, the outcomes of which will be used to establish the protocol and a plan for future joint audits; and (iii) develop a protocol for what information from audits can be shared, how it may be shared, and how to use the findings of these site visits in risk management decisions.

(See Action Plan for goals and dates for protecting vital infrastructure; increased harmonized benefits to NEXUS members; enhancing binational port operations committees; screening of travelers; sharing and utilizing each others’ entry and exit records of persons; cooperation on national security and criminal investigations; etc.)

See future issues for details of the related RCC regulatory action plan.

(See ITT’s Online Archives 11120818 for summary of the U.S. and Canada presenting and agreeing to implement the BTB Action Plan and the related Action Plan by the Regulatory Cooperation Council.

See ITT’s Online Archives 11020729 for summary of the U.S.-Canada declaration on the new perimeter approach to security and trade.)