IMPLEMENTING THE AVIATION PRE-CLEARANCE AGREEMENT

UNCLAS OTTAWA 000648 SIPDIS STATE FOR WHA/CAN,EB/TRA,L WHITE HOUSE FOR HOMELAND SECURITY COUNCIL PASS DEPARTMENT OF HOMELAND SECURITY CUSTOMS (DHS) FOR JOE O'GORMAN INS (DHS) FOR ELIZABETH TISDALE TSA FOR SUSAN WILLIAMS SIPDIS E.O. 12958: N/A TAGS: PREL ASEC EAIR CA SUBJECT: IMPLEMENTING THE AVIATION PRE-CLEARANCE AGREEMENT WITH CANADA ¶1. This is an action request. Action request in paragraph 5. ¶2. After lengthy negotiations, late last year the U.S. and Canada concluded an aviation preclearance agreement that,among other items, provides increased protection for Department of Homeland Security inspection officers (formerly Customs,INS,and APHIS officers) working at Canadian airports. At the request of the U.S., the agreement required that the U.S. grant reciprocity to Canada before it could be brought into force. We understand the provision providing reciprocity was part of the omnibus appropriations bill which became law in February, and that the only formal step required to bring the agreement into force is an exchange of notes between the sides. ¶3. Canadian Foreign Minister Graham wrote to Ambassador Cellucci in January expressing the GOC's desire to bring the agreement into force as soon as the reciprocity provision became law (text below). A DFAIT official, Bruce Levy, told us March 4 that Canada's Customs and Immigration Ministries and their U.S. counterparts were developing Standard Operating Procedures (SOPS) related to the agreement. Levy said it was his understanding that completion of the SOPS was not requireed to bring the agreement into force, but that the SOPS were near completion. ¶4. Levy also said that the GOC must complete a couple of formal, internal steps in order to exchange notes that establish the date the agreement goes into force. The GOC would like to know USG thinking on an appropriate date so that it can take these internal steps. We note that Secretary Ridge and Deputy Prime Minister Manley are expected to meet in late March or early April. It might be appropriate to have the agreement go into force in connection with this meeting. ¶5. Action Request: Please inform us of desired date for new aviation preclearance agreement with Canada to enter into force so we can provide this to the GOC. ¶6. Letter from Foreign Minister Graham to Ambassador Cellucci: January 22,2003 Excellency: I have the honor to inform you that the training of U.S. Preclearance Officers to work under the Air Transport Preclearance Agreement was completed by Canada Customs and Revenue Agency staff on December 13, 2002. Canada is now prepared for the exchange of notes that will bring the Agreement into force. It is my understanding that your government is not yet in a position to implement the Agreement, as the necessary legislation to allow for full reciprocity did not pass during the last Congressional session. You and U.S. Customs Commissioner Bonner have indicated that this issue is a priority for you. In light of the time and energy our governments have invested in this file, I would urge you to encourage your Administration to move quickly in order for the exchange of notes to proceed. Because of their involvement in this file, I have taken the liberty of sending copies of my letter to the Deputy Prime Minister and the Ministers of Transport and Citizenship and Immigration. Sincerely, William Graham End text of letter KELLY