ADDRESSING THE NEED FOR OPEN BORDERS (2006)

The Chamber recognizes that a new global security reality exists and that within this new reality all nations will take whatever measures they deem necessary and appropriate to protect their citizens and their national integrity.

It is with this goal in mind that in 2004 the US Congress passed the Intelligent Reform and Terrorism Prevention Act (IRTPA) which required the Department of Homeland Security and the Department of State to create the Western Hemisphere Travel Initiative (WHTI) on April 5, 2005.

The intention is to fulfill the requirement of the IRTA to “develop and implement a plan as expeditiously as possible to require a passport or other document, or a combination of documents, deemed sufficient to denote identity and citizenship, for all travel into the United States by United States citizens.”

As a result the WHTI will require citizens of the US, as well as Canada, Mexico, and the British Overseas Territory of Bermuda to have some form of secure documentation to either enter, or re-enter, the US. These new requirements are proposed to be in place by December 31, 2006 for all air and sea travel and December 31, 2007 for all land borders.

The Chambers expressed significant concerns that the WHTI has the potential to significantly impact trade and travel along the US – Canada border, a border that has served both countries well as the longest unguarded border in the world and as a border that marks the largest bilateral trading relationship in the world with approximately $1.8 billion US in two way trade crossing the border on a daily basis.

The Chamber was pleased to see the US government respond to the very legitimate concerns expressed regarding the WHTI with the introduction of the People Access Security Service, or PASS system card. However, the Chamber sees this as only a slight improvement as the application process is as time consuming and onerous as applying for a passport.

The Chamber accepts that it is difficult to accurately gauge the impact WHTI will have on cross border travel, particularly given the lack of clarity regarding what will become acceptable documentation. However, it has been estimated by the Canadian Tourism Commission that the WHTI would result in a loss of 7.7 million inbound trips to Canada and a subsequent shortfall of $1.7 billion in international travel receipts. Perhaps more importantly as we try to engage the US the WHTI would result in a cumulative loss of nearly 3.5 million outbound trips from Canada to the U.S. representing a shortfall in U.S. travel payments of $785 million in the first three years (2005-2008) alone.

This concern derives from the fact that while it is difficult to find exact statistics regarding level of passport ownership in the US and Canada it is widely accepted that passport ownership in the US stands around 23% while this figure in Canada stands at 35%. While we would expect a rise in this number with the implementation of WHTI as those who need to travel will be required to either obtain a passport or an acceptable alternative form of documentation. The risk to the economy and communities on both sides of the border is that those who do not need to cross will not go through the significant time and expense required to obtain acceptable documentation.

Of particular concern is the fact that the guidelines make no distinction between children and adults. One of the benefits enjoyed by communities on both sides of the border are the strong cultural and community links that derive from the host of cross-border activities that currently take place such as school trips, sports and music competitions. All of these are at risk from these new requirements.

The need for secure documentation for the vast majority of travellers who are no risk to allow them to cross the border smoothly and efficiently has been recognized by Canada and the US for some time.

With this fundamental understanding of the importance of maintaining secure borders the US and Canadian governments initiated the NEXUS (Highway & Air) and the Free and Secure Trade (FAST) programs to facilitate the border crossing of pre-approved, low risk travellers. These programs, which come with dedicated lanes for vehicles, have been successful in facilitating border crossings for participants while also easing congestion for other travellers.

In the case of NEXUS one of its key attractions is that it is one program, one application, and one card for entry into either the US or Canada. However, both NEXUS Highway and NEUS Air are limited in their accessibility and in their scope.

The problems with these programs are the fact that they are not accessible or appropriate for the general population (NEXUS requires significant documentation, an in-person visit and a lengthy processing time of 6-8 weeks). Indeed these programs are aimed at a constituency that already shows higher levels of passport ownership with US overnight auto travellers showing 50% owning a passport with that figure at 67% for overnight air travellers (these figures are 70 & 75% respectively for Canada).

However were these programs to be made more accessible in terms of border crossings and enrolment centres they would ensure that many travellers, particularly business travellers, who have perhaps not taken the time to apply would do so to meet the criteria of secure documentation while also enabling them to utilize the dedicated border crossings, thereby reducing line ups and delays for other travellers.

The Chamber believes that the strength of the WHTI should be to develop a framework within which documentation can be assessed to determine whether it will be deemed sufficient to meet the criteria of identity and citizenship, rather than developing a restrictive definitive list.

A good candidate for further exploration would be state issued driver’s licenses. While the BC Chamber recognizes the unique nature of US driver’s licenses new laws such as REAL ID are beginning to create minimum uniform standards for licenses. This has led to many states, such as the Michigan Department of State, announcing plans to harmonize the requirements of the WHTI and REAL ID.

While the BC Chamber recognizes that there is no appetite at either the federal or state level for the centralization of driver’s licenses the Chamber feels these initiatives are welcome and should be encouraged where possible.

While there is no empirical evidence there is significant anecdotal evidence to suggest that the lack of a single clear date for implementation has led to significant confusion amongst travellers with many under the false impression that a passport requirement already exists for travellers crossing the border (although not the only factor it is felt that this is one of the causes of a 4.6% drop in US cross border visits to BC so far in 2005.) As with any new procedure that involves change and the understanding of new guidelines the important thing is for the public to understand how and when the new guidelines become effective.

As such it is critical that a single implementation date for all border crossings be identified and that this date be no earlier than December 31, 2007.

THE CHAMEBR RECOMMENDS

That the Federal Government;

1. work with the US federal and state authorities to ensure mutually acceptable Secure Travel documentation. This process should include the key criteria of;

a. identify the necessary prerequisites for acceptable identification documentation that would be deemed acceptable under WHTI;
b. promote the introduction of REAL ID for state drivers licenses;
c. a revision that allows travellers under the age of 18 to use currently acceptable forms of identification as sufficient proof of citizenship and identity;
d. a single implementation date for all border crossings and that this date be no earlier than December 31, 2007;

2. work with the US government to implement the immediate expansion of the NEXUS and FAST programs with the intention of having them accepted at every border crossing by 2008;

3. work with the US government to ensure that Canada prepares a secure document following the criteria above that is acceptable to the US by meeting the requirements of the WHTI;

4. aggressively pursue the expanded participation in these programs, particularly by ensuring that processes are put in place to facilitate registration in rural and remote communities;

5. develop an aggressive advertising and information campaign to ensure Canadians have full information on what documentation is deemed acceptable to ensure they are prepared; and

6. put in place procedures to ensure that CBSA will be ready to accept all secure documentation upon implementation