Using the TPP to Renegotiate and Expand NAFTA

By Dana Gabriel


Both Canada and Mexico have been invited to join the U.S., along with other countries already engaged in negotiations which will deepen trade and economic ties within the Asia-Pacific region. Such a deal would surpass NAFTA in size and scope. The U.S. led talks which have been criticized for their secretive nature, could be used to update aspects of existing trade pacts among member nations. This would provide the perfect opportunity for a backdoor renegotiation of NAFTA without officially having to open it back up.

After expressing interest in joining trade talks back in November 2011, NAFTA partners have been invited to join the U.S. backed Trans-Pacific Partnership (TPP) which also includes Australia, Brunei, Chile, Malaysia, New Zealand, Peru, Singapore and Vietnam. U.S. Trade Representative Ron Kirk welcomed both Mexico and Canada into the TPP fold. He noted that, “Mexico has assured the United States that it is prepared to conclude a high-standard agreement that will include issues that were not covered in the North American Free Trade Agreement (NAFTA).” He added, “Inviting Canada to join the TPP negotiations presents a unique opportunity for the United States to build upon this already dynamic trading relationship. Through TPP, we are bringing the relationship with our largest trading partner into the 21st century.” A joint statement by the U.S. and Canada acknowledged that, “The TPP presents an opportunity to conclude a high standard agreement that will build on the commitments of NAFTA.”

Laying the Foundation for a North American Security Perimeter

By Dana Gabriel


The Department of Homeland Security (DHS) recently unveiled a northern border strategy which seeks to address security concerns, while at the same time facilitating the flow of lawful travel and trade. The new plan promotes enhanced shared intelligence and joint law enforcement integration with Canada. It further builds on initiatives included in the Beyond the Border agreement and is part of ongoing efforts to lay the foundation for a North American security perimeter.

On June 5, DHS Secretary Janet Napolitano announced the Northern Border Strategy (NBS) aimed at deterring and preventing terrorism, smuggling, trafficking and illegal immigration. In a press release she explained how the new plan, “provides a unifying framework for the Department’s work focused on enhancing the security and resiliency along our northern border while expediting legitimate travel and trade with Canada.” In order to accomplish these objectives, the NBS will work to, “improve information sharing and analysis within DHS, as well as with key partners. The Department will also enhance coordination of U.S.-Canada joint interdictions and investigations, deploy technologies to aid joint security efforts along the border, and continue to update infrastructure.” The NBS parallels the National Northern Border Counternarcotics Strategy issued in January. It also supports goals outlined in the U.S.-Canada Beyond the Border Action Plan which focuses on addressing security threats early, facilitating trade, economic growth and jobs, integrating cross-border law enforcement, as well as improving infrastructure and cyber-security.

U.S. and Canada Implementing Beyond the Border Perimeter Security Initiatives

By Dana Gabriel


Through the Beyond the Border agreement released in December 2011, the U.S. and Canada are implementing initiatives that are working towards establishing a North American security perimeter. This includes expanding trusted traveler programs, as well as enhancing integrated law enforcement and information sharing cooperation which has raised many privacy concerns that have yet to be properly addressed.

There are questions surrounding the Conservative government’s Bill C-38, the Budget Implementation Act that also contains changes related to the U.S.-Canada Beyond the Border action plan. This includes ratifying and making the Shiprider a legal and permanent program which will require amending the Criminal Code, along with the RCMP and Customs Act. The joint initiative officially known as the Integrated Cross-Border Maritime Law Enforcement Operations first began as a pilot project. It allows RCMP and U.S. Coast Guard officers to operate vessels together and pursue criminals in the waters of both countries. The Council of Canadians reported that the NDP is demanding that the Shiprider policing program be taken out of budget implementation bill. Brian Masse, the NDP border critic is pushing for separate legislation and pointed out that, “it’s totally irresponsible to have it as part of the Budget Implementation Act.” He added, “There’s significant policing issues that really warrant a standalone bill. If it was so important that they did all the fanfare for it, why doesn’t it warrant its own process?” The proposed changes could have serious sovereignty implications with regards to accountability, due process and civil rights and therefore, need to be fully scrutinized.

NAFTA Partners Take Steps to Boost Trilateral Relationship

By Dana Gabriel


While bilateral initiatives have dominated North American issues over the last couple of years, the trilateral relationship has suffered. With a series of high-level meetings, the U.S., Canada and Mexico are taking steps to boost the NAFTA partnership. First, the defense ministers met to discuss shared continental security threats. This was followed by a leaders summit which pledged to deepen trade, regulatory, energy and security cooperation. The recent meetings have caused some to once again take notice of the incremental efforts to merge all three countries into a North American Union.

In what was hailed as an historic event, U.S. Secretary of Defense Leon Panetta, Canadian Defense Minister Peter MacKay, Mexican Secretary of National Defense Guillermo Galvan, and Mexican Secretary of the Navy Mariano Mendoza recently held the Inaugural Meeting of North American Defense Ministers. As part of a framework they agreed to, “ Develop a joint trilateral defense threat assessment for North America to deepen our common understanding of the threats and challenges we face. Explore ways to improve our support to the efforts of civilian public security agencies in countering illicit activities in our respective countries and the hemisphere, such as narcotics trafficking. Explore how we can collaborate to increase the speed and efficiency with which our armed forces support civilian-led responses to disasters. Continue to work together to strengthen hemispheric defense forums.” The ministers also committed to enhancing cooperation in the fight against transnational criminal organizations. The trilateral defense meeting is part of the ongoing efforts to establish a fully integrated North American security perimeter.

The North American Leaders Summit and Reviving Trilateral Integration

By Dana Gabriel


With the demise of the Security and Prosperity Partnership, the U.S. has essentially put Canada and Mexico on separate tracks. It has pursued dual-bilateralism with both its NAFTA partners as the primary means of advancing continental integration with regards to trade, regulatory and security initiatives. The upcoming North American Leaders Summit, which will be held in Washington, D.C. on April 2, could be used as a means of reviving the trilateral cooperation model.

While much of my focus has been on the U.S.-Canada Beyond the Border and the Regulatory Cooperation Council (RCC) action plans, the U.S. is also pursuing a similar agenda with Mexico. This includes working towards a common security perimeter. In 2010, the U.S. and Mexico issued the Twenty-First Century Border Management declaration. This established the Executive Steering Committee (ESC) to implement joint border related projects to enhance economic prosperity and security. In December of last year, the ESC adopted its 2012 action plan which sets goals in areas of binational infrastructure coordination, risk management, law enforcement cooperation, along with improving cross-border commerce and ties. A press release explained that through the ESC, “we are developing and managing our shared border in an integrated fashion to facilitate the secure, efficient, and rapid flows of goods and people and reduce the costs of doing business between our two countries.” The ESC meeting also acknowledged bilateral accomplishments in expanding the use of trusted traveler initiatives such as the Global Entry Program.

A Perimeter Approach to Security and the Transformation of the U.S.-Canada Border

By Dana Gabriel


Through a series of bilateral meetings, U.S. and Canadian officials are busy working out the details of the perimeter security action plan. This includes a recent joint crime forum that dealt with border and law enforcement issues. These various discussions are part of the implementation process which when finished would bring about the complete transformation of the northern border and another step closer in the creation of a fully integrated North American security perimeter.

In early March, U.S. Attorney General Eric Holder and Secretary of Homeland Security Janet Napolitano met with Canadian Justice Minister Rob Nicholson and Public Safety Minister Vic Toews as part of the Cross-Border Crime Forum. On the agenda was, “transnational crime issues such as organized crime, counter-terrorism, smuggling, economic crime and other emerging cross-border threats.” Both countries also signed a memorandum of understanding on the Dissemination and Exchange of Information to combat human smuggling and trafficking. The meetings were used as an opportunity to further advance U.S.-Canada cooperation in areas of law enforcement, criminal justice and intelligence. This ties in with my previous article which detailed the Obama administration’s new counter-narcotics strategy for the northern border that includes closer collaboration with Canada in the war on drugs. Much of the joint crime forum discussions focused around the progress being made on the Perimeter Security and Economic Competitiveness Action Plan, announced in December 2011.

Counter-Terrorism and Northern Border Drug Strategy Tied to Perimeter Security Deal

By Dana Gabriel


In a move that went largely unnoticed, the U.S. government unveiled a new counter-narcotics strategy for the northern border which will work towards closer cooperation with Canada in the war on drugs. This includes both countries strengthening integrated cross-border intelligence sharing and law enforcement operations. Canada has also released a comprehensive counter-terrorism plan aimed at combating the threats of domestic and international violent extremism. The separate U.S.-Canada undertakings are both tied to the Beyond the Border deal and efforts to establish a North American security perimeter.

In January, the Obama administration announced the National Northern Border Counternarcotics Strategy. A press release by the Office of National Drug Control Policy (ONDCP) described how the plan seeks, “to reduce the two-way flow of illicit drugs between the United States and Canada by increasing coordination among Federal, state, local, and tribal enforcement authorities, enhancing intelligence sharing between counterdrug agencies, and strengthening ongoing counterdrug partnerships and initiatives with the Government of Canada and the Royal Canadian Mounted Police (RCMP).” Senator Charles Schumer proclaimed, “I pushed so hard for this strategy to be finalized because we have to immediately stop the flow of drugs from Canada into New York, and it’s going to take an inter-agency and international effort.” He added, “I’m pleased that this agreement lays the groundwork for Canadian and American law enforcement to work hand-in-glove to fight the drug trade.” Schumer has also endorsed the new cross-border action plan. In addition, he is pushing to establish a Northern Border Intelligence Center in Franklin County, NY to better coordinate efforts to fight drug smuggling and other cross-border criminal activities.