Victory requires a future, and winning the long war against
terrorism requires keeping America free and prosperous as much as
it requires catching terrorists. Canadians harbor the same hopes
for their future. This common cause can serve as the foundation for
a long-term security strategy. A strong alliance requires a
proactive strategy that reinforces the sovereignty of both states
while strengthening the bonds of trust and confidence between
them.
Regrettably, U.S.-Canadian counterterrorism strategy is not
nearly as strong as it should be. Too much attention has been
focused on the border between the countries and not enough on
common efforts to keep foreign terrorists out of both nations and
deal with domestic extremist groups. Moreover, the emphasis on
security has marginalized the importance of trade facilitation,
which is vital to the safety and prosperity of both countries.
A sound U.S.-Canadian strategy must give equal weight to the
following priorities: securing the North American perimeter,
policing the homeland and diminishing the threat of radicalization,
and enhancing security at the border. However, any cooperative
strategy must respect the principle of national sovereignty
and uphold each nation's right to secure its border and determine
its own migration and domestic security policies. U.S. and Canadian
policymakers should focus on four key initiatives:
- Promoting private infrastructure development on the
border,
- Coordinating visa policy initiatives,
- Building greater capacity for cooperation in
maritime security, and
- Enhancing cross-border law enforcement programs.
On the Perimeter
The U.S.-Canadian border is an economic engine that generates
more than $1 billion a day. Making that engine run as smoothly and
efficiently as possible requires addressing problems long before
they get to the border--and using sensible security measures at the
border.
The starting point for any viable strategy is a consensus on
securing North America from external threats. This requires a
layered approach that involves assessing and protecting travelers
and cargo. The United States and Canada must identify and address
the vulnerabilities in their existing programs concerning
visas, refugees, terrorist watch lists, and other counterterrorist
surveillance.
Visas. Both Canada and the United States welcome
tens of millions of visitors every year. To manage this influx
more effectively, the United States relies on the Visa Waiver
Program (VWP), a comprehensive evaluation system that
considers a variety of factors for allowing temporary visitors
to enter the country. Citizens of 27 countries are allowed to enter
the United States for up to 90 days with only a passport in
hand.
Canada has a similar program, also intended to enhance tourism
and business while boosting national security. In addition to the
27 countries that participate in the United States' VWP,
Canada extends visitor visa exemptions to 17 other countries,
including Botswana, Estonia, the Republic of Korea, and
Swaziland.[1] This disparity contradicts the
fundamental purpose of these programs. Coordinating visitor
regulations would enhance internal security for both countries and
advance more stringent universal security standards for
passport control.
Refugees. Canada and the United States have streamlined
their respective policies for refugee claims under the Safe Third
Country Agreement. Under this policy, asylum seekers must make a
claim in the country where they first arrive, whether it is Canada
or the United States. They can then seek asylum in the other
country if they qualify under certain exceptions pre-determined by
both governments.[2] Both countries have also launched a pilot
program to share information on refugee and asylum claimants based
on a comparison of fingerprint records.
Now in its third year of operation, the Safe Third Country
Agreement continues to strengthen the alliance between Canadian and
American officials, who are working together to determine the
refugee status of asylum seekers in both countries. A
potential next step could be broader asylum-sharing agreements
between North American and European Union countries.
Terrorist Watch Lists. Another cause for concern is
the terrorist watch list, which is large, vague, and incomplete.
According to a report by the U.S. Government Accountability Office
(GAO), the United States' list has swelled to about 860,000
names--a significant increase from the 158,000 names listed in June
2004. This rapid growth calls into question the standards for the
inclusion process.
Even more troubling are the findings from Justice Department
Inspector General Glenn Fine, who reviewed 105 records from the
Federal Bureau of Investigation's Terrorist Screening Center (TSC),
which oversees the watch list. He reported that 38 percent of the
records had errors or inconsistencies.[3]
The GAO also found that U.S. Customs and Border Protection
(CBP) was not able to identify the subject of a watch list record
until after the individual had already been processed and
admitted to the United States. The GAO attributed the incomplete
screening processes to the government's lack of an up-to-date
strategy and implementation plan.[4]
Last year, Canada took its watch list to another level by
expanding the government's authority in the Passenger Protect
program. The Canadian government created a list of specified
persons who it believes would pose an immediate threat to aviation
security should they attempt to board a flight. Specific
guidelines regarding aviation security dictate whether an
individual should be added to the list.[5]
Congress needs to follow the Canadian example and impose rules
that establish clear priorities for maintaining and disseminating
the contents of the terrorist watch list. It should then provide
opportunities for coordination with Canada's Passenger
Protect program to ensure that it is as difficult as possible
for terrorists to enter North America, be it through the United
States or Canada.
On the Home Front
U.S. and Canadian authorities must share intelligence and
law enforcement information within and along the border. To that
end, the alliance should expand the Integrated Border Enforcement
Team (IBET) program, a joint U.S.-Canada initiative that combines
the intelligence and law enforcement capabilities of five agencies
to identify and stop the movement of high-risk people and goods
between the two countries.
The United States has developed Border Enforcement Security Task
Forces (BESTs), which operate on the southern border with Mexico.
Currently, there are five such teams, which are located in
Laredo, El Paso, and Harlingen, Texas; Tucson, Arizona; and San
Diego, California. The BESTs promote information-sharing and
operational coordination and collaboration among the federal,
state, and local agencies that combat criminal activity and
violence on both sides of the border.
It is time to build on the IBET and BEST concepts and establish
organizations that can address illicit activity along the northern
border. For a truly comprehensive U.S.-Canadian
counterterrorism strategy, information must be made available
to those with the authority and the ability to respond. Alerts
concerning internal immigration enforcement, prison security, and
border security operations should be shared with federal, state,
and local law enforcement agencies, regardless of the
geographical focus of their responsibilities. Such
coordination would cast a wider net that would strengthen both
countries' ability to combat domestic terrorism and
radicalization.
Cargo Screening
Beyond combating terrorism and ensuring safe travel, the third
critical component of an external protection strategy is cargo
screening. Approximately one-quarter of the goods imported by
the United States enters through its land borders. Cargo screening
is just as important at land ports as it is at maritime ports.
However, the various pre-approval programs for specific
industries actually impede trade for each country. Instead of
adding additional layers of government security to address the
nuances of cargo screening, both the United States and Canada
should employ advisory boards to streamline the process and relieve
the pressure on the border and ports of entry. Pre-clearance would
help to allay long wait times and provide a more effective way to
perform comprehensive assessments. Once an item is screened in
North America, it should not have to undergo another round of
redundant screening mechanisms so long as there is open dialogue
and ample information-sharing between Canadian and American
agencies.
This logic could be applied to existing programs to pool
resources and reduce transit times. As part of the 2001 U.S.-Canada
Smart Border Declaration 30-Point Action Plan, CBP and the Canada
Border Services Agency (CBSA) launched the In-Transit
Container Targeting at Seaports Initiative to jointly target
in-transit marine containers at the first point of arrival in
Canada or the U.S.[6] Unarmed United States Customs Service
analysts are stationed at Canadian marine ports in Vancouver,
Halifax, and Montréal and charged with targeting high-risk,
in-transit containers for examination by Canadian customs officers.
Likewise, Canadian customs inspectors are stationed in
Seattle-Tacoma, Washington, and Newark, New Jersey, to target
containers arriving at these ports and destined for Canada by
surface transportation.[7]
Despite its success, the program has room for improvement. The
In-transit Container Program would be made much more effective if
it were extended to include rail shipments, with targeting and
examination of high-risk containers occurring at the last point of
departure from Canada. In this manner, rail cars would be allowed
to proceed from a Canadian rail hub to an American rail hub without
stopping for inspection at a border point.
Authorities should also simplify the newly initiated
pre-screening programs. In January 2007, Canadian Prime Minister
Stephen Harper approved a large spending package to strengthen
security measures along the U.S.-Canadian border. In addition
to arming Canadian border guards for the first time, the government
will expand eManifest, an electronic manifest program jointly
developed with the U.S. Department of Homeland Security (DHS) that
runs computer-automated risk assessments of cargo shipments before
they reach Canada. The 18,000 trucks and thousands of railroad,
air, and marine cargo carriers that cross the U.S.-Canada border
every day will be required to file electronic manifests before
their shipments arrive. Border agents will then use this
information to determine in advance whether the cargo or the cargo
carriers should be further screened.[8]
Widespread implementation of eManifest began on October 15,
2007, when the CBSA stopped accepting paper release forms from
brokers and importers on most shipments. Trucking companies are
urged to use electronic transmission of release documentation where
available to relieve the congestion at the border.[9] As for
the United States, the CBP's Automated Customs Environment (ACE)
eManifest requirement has been partially implemented at all
ports of entry for land-transported cargo from Canada and Mexico
and was expected to become fully operational by the end of
2007.
However, transitional periods for new border programs could
seriously disrupt the flow of trade and travel at the 119 border
crossings between the United States and Canada. These two programs
need to be able to mitigate the existing volatility among border
traffic while incentivizing the process for commercial shippers and
carriers. In other words, both governments need to allocate
sufficient resources so that efficiency remains a top priority.
Air and Maritime Security
The core of a North American homeland defense system is a joint
investment in air and maritime security structures. By tradition,
the North American Aerospace Defense Command (NORAD) is the
lead agency for monitoring shared air space and protecting
Americans and Canadians from air attacks, but the post-9/11 world
and the creation of the U.S. Northern Command (NORTHCOM) have
reconfigured NORAD's role to embrace a shared missile defense
system.
The United States and Canada agreed in August 2004 that data
gathered by NORAD could be used to develop a shared missile defense
system. This amendment reflects the understanding by both countries
that NORAD must be adapted to fit the asymmetric capabilities of
constantly evolving threats. On the morning of 9/11, NORAD was
conducting a routine airspace exercise designed to respond to
Soviet-style bomber attacks. Today, the United States and Canada
must work to develop an arsenal that can protect their citizens
from the threats of tomorrow.
An enhanced maritime security strategy must also be a top
priority. Previous unilateral initiatives in this area have failed
to create a robust security system capable of serving both
countries. Canada and the United States would benefit from a
binational maritime security strategy that protects both
countries while preserving their sovereignty on the seas.
The first step toward this goal would be to augment the
Canadian Coast Guard (CCG) in a way that allows it to execute
Canada's homeland defense functions more effectively. Canada has
one of the longest coastlines in the world; at 243,792 km, it is
also one of the world's longest underdefended borders. As it
stands, no Canadian entity can claim ownership of the
country's maritime security. A report by the Canadian Parliament's
Standing Senate Committee on National Security and Defence
found that the CCG is unable to play a significant role in this
regard because it lacks the mandate, the experience, the equipment,
and the institutional focus to do so.[10]
The CCG does not have a constabulary function: It is not armed;
it has never engaged in any forward defense-type activity; and it
operates under the Department of Fisheries and Oceans (DFO). Basic
maritime security missions, such as search and rescue,
interdiction, and exclusive economic zone surveillance and
enforcement, have been executed by the Canadian Navy, a force that
has traditionally rejected the responsibility for patrolling the
littoral in favor of more overseas operations.
Though the Canadian Navy remains the lead agency in achieving
greater maritime domain awareness, the scope of responsibility
should be restructured to reflect capability realities more aptly.
CCG vessels lack the armaments to interdict potentially
hostile ships, but it would be inefficient to task Navy ships with
more patrol-based missions. Navy frigates are too big to use on
littoral patrols and would be too expensive to provide the kind of
coastal defense Canada needs. Additionally, the Navy's coastal
patrol vessels (MCDVs) have poor sea-keeping capabilities and are
too slow, with a maximum speed of 15.5 knots.[11]
Moreover, even if the Navy had better equipment, it is
still too small a force to undertake both its overseas missions and
its homeland defense priorities. As of July 2006, the Canadian Navy
boasted only 30 surface ships, four submarines, and 9,500
sailors.[12]
The overall maritime command structure could also be better
synchronized with the rest of Canada's command forces. NORTHCOM,
with the support of the U.S. Coast Guard and U.S. Navy, leads the
maritime homeland security effort for the United States. Canada
Command (Canada COM) is quite different. Created in 2006 to
synchronize defense efforts for Canada and the greater North
America, Canada COM provides a single chain of command for Navy,
Army, and Air Force personnel in a domestic operation.[13]
Conspicuously absent from this structure is the CCG and a
well-defined maritime focus, which can be found elsewhere under the
Marine Security Operations Centres (MSOCs). These are headed by the
Canadian Forces and staffed with personnel from the Canada Border
Services Agency, Transport Canada, the Royal Canadian
Mounted Police, and the CCG. Bifurcating these operational
capabilities only impedes efforts to erect a cohesive homeland
defense strategy, which cannot be achieved when key decisions are
made independently of those operating in the maritime
domain.
Canada should not be forced to make a trade-off between its
expeditionary force and its maritime security. This dilemma exists
only because of the current disaggregated system. To make this
system more efficient, the CCG's core competencies should be
redistributed in the following ways:
As the Canadian Security Guide Book recommends,[14]
the CCG should be removed from DFO and placed under the authority
of Public Safety Canada. In this capacity, the CCG would take the
lead in coordinating efforts in the maritime domain.
The CCG should be given constabulary powers so that it is
prepared to respond in potentially hostile situations.
The CCG needs to be synchronized with the missions and commands
of Canada's Navy, Air Force, and Army. It needs access to their
intelligence and information-sharing system to maximize
situational awareness.
The CCG needs interoperable vessels like those in the U.S. Coast
Guard's modernization program. This will allow the Canadian Navy
and CCG to execute duties for homeland security and forward defense
missions both efficiently and properly.
The Border of the Future
If overseas deployments and patrol of the littoral are the first
lines of defense in a multi-layered maritime defense system,
then border and port security are the last layers. The right
strategy will require a methodical approach with measurable
progress at every step to ensure that final implementation is
effective.
The current trend has been to articulate broad policy goals and
then approach them haphazardly, with changing requirements and
arbitrary deadlines along the way. Not only does this further
exacerbate congestion and trade at the borders, but it lowers the
chances of having a cohesive, functioning system before the
next decade. Most important, policymakers should view
security, trade, and travel as complementary, not as
trade-offs.
Relieving Pressure. The first priority should be to
relieve the pressure at the border. Traffic volume at the
U.S.-Canadian border has decreased since 9/11, but average wait
times for vehicles have increased. This is both a byproduct of
uncoordinated screening processes and a catalyst for further
trade and travel delays at U.S. ports of entry.
In the past, people entering the U.S. through land crossing
sites and seaports were only required to declare their citizenship
orally.[15] CBP officers could request a travel
document for further inspection, at which point any one of
8,000 documents could be presented. In a best-case scenario, the
officer was familiar with the document and quickly verifieds its
authenticity. For a car with four or five people, this process took
about 10 minutes. The greater threat arose when the officer, under
pressure from mounting traffic, failed to distinguish between a
valid document and a phony document.
Agencies on both sides of the border recognized this
inefficiency but have been worrisomely slow to address it.
Widespread implementation of the Western Hemisphere Travel
Initiative (WHTI) was hampered by delays and did not come into
effect until January 31, 2008. Travelers crossing the border into
the United States now will be required to submit a WHTI-compliant
document or at least two government-issued identification
documents.[16] But this alone is not enough to assuage
the growing border traffic and security concerns.
The most effective way to implement WHTI rapidly is to use
state-issued driver's licenses and identification cards based
on common standards. Enhanced driver's licenses would change the
screening process from a car-based system to a person-based
system, thereby decreasing the wait time per vehicle.
For the United States, this will require full implementation of
the Real ID program, which provides for creating common standards.
The Administration should work with the states to implement Real ID
regulations and agree on a sensible contribution of federal
dollars to move the program forward. Border states such as
Washington, Vermont, and Arizona have already moved
forward on this issue. Other states should follow suit and
collaborate with their neighbors to ensure that their programs are
compatible.
Improving Infrastructure. Meanwhile, the United States
and Canada have underinvested in the most important component of an
effective border control system: infrastructure. Investments in
adequate bridges and roads leading to ports and land border
crossings are vital to network-centric security.
However, the primary object should not be to harden
infrastructure against terrorist attacks. Trying to turn every
port and crossing site into a little Maginot Line is a losing
strategy. Like the French defenses in World War II, this approach
would be both overly expensive and likely to fail because an
innovative enemy will find a way around the defenses. Points of
entry and exit must have the physical assets to support screening;
inspection; and the gathering, evaluating, and sharing of critical
information.
Today, most bridges are designed for tax and duty collections.
This is not realistic in the post-9/11 world. Infrastructure such
as road networks that connect to rail terminals, seaports, and
airports is essential to providing the capacity, redundancy, and
flexibility required to ensure that the free flow of trade and
travel is not disrupted in the event of a terrorist attack.
The best way to accomplish this goal is to encourage
public-private partnerships (PPP) that invest in border
infrastructure. The U.S. has utilized the PPP model for its public
highways and other infrastructure projects. For example, the
General Services Administration (GSA) owns, builds, and leases
border and port entries. It develops and maintains
standard processes and procedures to ensure that land ports of
entry are developed consistently and to an acceptable standard.[17]
Creating opportunities for the GSA, CBP, CBSA, and private firms to
work together on improving the infrastructure at points of entry
would be the most cost-effective and sustainable strategy for
a safe and secure border.
Facilitating Trade. The final component of a sound border
strategy is the unencumbered facilitation of trade. Longer
waits at the border increase costs for mileage, wages, and
delivery--and, subsequently, the overall shipping costs for
private goods. Add to this the rising cost of border fees, and
trade ultimately becomes a victim of a more secure border. A
more efficient supply chain has not materialized because
authorities on both sides have refused to take ownership of the
issue.
Even though the Department of Commerce is the U.S. agency that
is best suited to exercising jurisdiction, the mandate needs
to shift to the DHS. Securing the border and protecting trade,
taken together, are the means to ensuring American and Canadian
prosperity. Until both issues are weighted equally, a North
American security strategy remains incomplete.
Defining Proper Roles and
Responsibilities
The United States can take a number of actions to address the
problems outlined above. Congress has to take an active role in
redefining the U.S.- Canadian relationship without imposing
frivolous regulations that will infringe upon the fluidity needed
at the border. Congress can advance infrastructure
improvements by remedying the procedural quagmire that often
stalls the process. The main problems are revolving fund
availability, a cumbersome leasing process for government
property, a shortfall of CBP officers, and too much
investment in capital and not enough in operations.
To supplement time-intensive screening processes, Congress
should invest in technology and infrastructure assessments and
establish a layered management system with the following
components:
- Accessible channels for international cooperation;
- Better intelligence coordination; and
- An "outside in" approach that allows for effective security
mechanisms coupled with more freely moving goods and people.
Conclusion
U.S.-Canadian counterterrorism strategy must be a real
partnership that respects sovereignty, addresses common concerns,
and keeps both nations safe, free, and prosperous. North America
needs a broader defense structure, and this requires a vigorous
effort within and between the dimensions of land, sea, and
air. It needs robust policies that do not involve adding additional
layers of bureaucracy to an already congested problem.
U.S. and Canadian policymakers should therefore focus on
four main goals:
- Better coordination on visa policies and trade
security,
- Increased cross-border law enforcement,
- Enhanced cooperation in maritime security, and
- Renewed effort to spur private development of
cross-border infrastructure.
A new landscape of threats and uncertainties requires a
transformation of the North American partnership. At the same
time, neither nation should compromise in any respect its
sovereign responsibilities to secure its borders and protect its
citizens.
James Jay Carafano,
Ph.D., is Assistant Director of the Kathryn and Shelby Cullom
Davis Institute for International Studies and Senior Research
Fellow for National Security and Homeland Security in the
Douglas and Sarah Allison Center for Foreign Policy Studies at The
Heritage Foundation. Holly Sun, a former intern at The Heritage
Foundation, contributed to this report.