Printer Friendly

Welcoming remarks.

INTRODUCTION

DAVID KOCAN:

Thank you very much for coming today. I believe this is the 35th annual Henry T. King Conference. (1) We have a very exciting conference scheduled for you today. First and foremost, I want to thank our keynote speaker, Ambassador Jacobson, (2) who you will hear from shortly. But this conference is really monumental, not just for the amazing speakers, but also for the topics discussed. It is hard to believe that just 200 years ago, actually 200 years ago this year, our nations could not have been farther apart. And now we are talking about rethinking our border, expanding it out to having one security perimeter. So it is really amazing. Now today we are going to talk all about that, but, before that, we have a lot of people who helped make today possible and I just briefly want to thank them. I want to thank our co-presidents, Dean Scott (3) and Dean Mitchell. (4) Our national directors, Professor Chi Carmody (5) and Professor Michael Scharf. (6) Our Executive Committee, led by Jim Blanchard (7) and Jim Peterson. (8) As well as our advisory board and academic center staffed by Nancy Pratt and her assistants, Jared Gregory, and Alice Simon. As well as all the students who help make today possible. And last but certainly not least, I need to thank our sponsors, because we would not be here without all of your help. We have included in the packet a colored print out list of those who are supportive of the Canada-United States Law Institute. Thank you very much.

Now at this time, I would like to turn the podium over to a very important person to the Institute and to both schools, Mr. James Blanchard. Jim has a long career in public service, as Ambassador to Canada, as a United States Representative, and as Governor of Michigan. (9) And one common thread in all of this is he cares deeply about Canada-United States relations. And while as an incoming Managing Director, I was not all that thrilled that he is from Michigan, I am from Ohio, I am willing to let it slide because we are incredibly, incredibly lucky to have him as a co-president of our Board. Jim, I would like to welcome you to the stage.

INSTITUTE REPRESENTATIVE

JAMES BLANCHARD:

David, thank you for your leadership. David Kocan is the new Executive Director of the Canada-United States Law Institute and we appreciate your leadership and the staff's hard work. You all heard a fabulous speech last night from Ambassador Gary Doer, (10) Canada's Ambassador to the United States. Gary had to get to a meeting in New York, so I think he left at about six thirty this morning. We are joined this morning also by who was, as I mentioned to all of you last night at dinner, probably the most distinguished public servant and diplomat in the United States in the last couple of decades. Perhaps more, I do not know. All I know is we are looking forward to your speech at lunch time, and we are honored by your presence and thank you, thank you, thank you for being with us.

I am now going to introduce a dear friend of mine, David Jacobson. (11) He has been the most active United States Ambassador to Canada in recent memory. I said, recent memory. If you read his official biography, you see that he has a law degree from Georgetown, and a BA from John Hopkins. (12) Great credentials. You will see that he was a partner in commercial and corporate law in the law firm Sonnenschein, Nath & Rosenthal, (13) a very prominent firm as most of you know. He did found AtomWorks, (14) an organization to bring together corporate, civic, and academic leaders in order to foster nanotechnology in the Midwest. (15) A man ahead of his time, in that sense. And he also served as a member of CEOs for Cities, (16) which is a national bipartisan alliance of 75 mayors, corporate executives, university presidents and nonprofit leaders. (17) So that is kind of in the official biography, but the reality is most recently he was Special Assistant to the President for presidential personnel. (18) He was an original supporter of President Barack Obama. He is a key trusted advisor, so much so that President Obama relied on him to select who the Ambassadors would be going out around the world. (19)

David has traveled the country widely, more than any Ambassador in recent memory. He is deeply involved in all the energy issues, which are a centerpiece of our integrated economic relationship with Canada. He has been very much involved in the Beyond the Border discussions, which is the topic of this conference. He has been a tireless champion of yet to be built, but soon to be built, new bridge between Detroit and Windsor, (20) a public bridge we will get. He has been a staunch advocate for regulatory harmony for a level playing field with intellectual property. And as I said, under the United State system, an Ambassador not only represents the State Department, not only the Chief of Mission of the Embassy, which includes many, many departments not just State, but the Ambassador is the President's personal representative. So I want to give to you someone we are delighted to have with us, President Barack Obama's personal representative, David Jacobson.

KEYNOTE SPEAKER

AMBASSADOR DAVID JACOBSON:

Jim, thank you very much. It is great to be here in Cleveland. It is great to see so many people in the audience who are not only critical to the relationship between the United States and Canada, but so many really good friends, starting with Jim Blanchard. I said last year when I was here that Jim has been a dear friend and a great advisor to me in this process; (and) one of the greatest, if not the greatest, Ambassadors to Canada from the United States. But he told me before I came that I really ought to travel when I get to the country. You heard last night about his train trip across Canada, and he just did not give me the details of how big the country was. I got here on the first day and said I would go to all ten provinces in the first two months. I did not even know what that meant. But I said it on TV, so I had to do it. And I did follow in his footsteps, and in fact, on a train is where I met Ambassador Doer. (21) Ambassador Doer and I rode from Saskatoon to Winnipeg on a train, something I thought I would never be able to say I did. It was about eight hours, and our wives were with us, and there was nothing to do but eat and talk and get to know each other and that really was the beginning of a great relationship.

There are so many other people here, Jim Peterson, Ambassador Negroponte, (22) who also gave me among the best advice that I have gotten about how to be an Ambassador. As you heard, I am not a career diplomat, which by the end of my talk will be painfully obvious, but I was having lunch with Ambassador Negroponte, and we were talking about what it is like to be an Ambassador and his distinguished career, and I asked in the height of naivete, "So, like, when you have some difficult problem with your host government, what do you do?" He looked at me like I was nuts and he just said, "Diplomacy." And actually, that really is among the best pieces of advice and the importance of relationships and using those relationships to further the interests of our country. And it really has been great.

And Admiral Parks, (23) thank you for your service, and (with) the topic of this conference being the border and how we improve the border, you, (Admiral Parks), are one of the critical people, who every single day is responsible for that, and we really appreciate it. Roy Norton, (24) the Consul General of Canada in Detroit, who I have worked with on a large number of matters. And I would like to thank and welcome the students most of all. It is good to have you here.

What I want to talk about today is the latest step forward in the relationship between United States and Canada. We have shared a path for a very long time. We have walked together as friends in times of peace. We have been allies in times of war. Sometimes we compete with each other, certainly in commerce, and occasionally in things like hockey with varying results. But we have a very long history of coming together to trade goods, to solve problems, and defend freedom. And recently we have set our sights on a new destination. Last December, Prime Minister Harper and President Obama met in the Oval Office to sign the new Beyond the Border Agreement. (25) And at the same time, they agreed to form a new body to improve regulatory alignment between our two countries. (26) And the setting of the ceremony, the Oval Office, (which of those of you who have been in there, if your heart does not skip a beat walking into the Oval Office, there is something wrong with you). But being in there and the sense of history and the sense of progress helped to illuminate to me the long term importance of what the two leaders and our two countries were trying to achieve together there that day. We are taking a bold and important step forward. We are pursuing a shared vision to enhance the security and the economic competitiveness of our two countries. And today what I would like to do is to discuss these Agreements, what they mean, and the important advances that they are going to bring to the people of both countries. And I also want to talk head-on about some of the concerns that have been raised about those Agreements.

I want to begin with an overview of the two documents. First, the Beyond the Border Agreement: In the twenty-first century, we are confronted by the need to address risks and threats that can take shape very far away from our shores. At the same time, it is very important that we contribute to the future prosperity of our two countries by reducing the irritants to the critical trade relationship between the United States and Canada. And the Beyond the Board Agreement was conceived to promote and pursue both of those elements and to pursue both of them at the same time. Now, the title of this conference is, "The New Perimeter Initiative: Will Security Trump Trade?" And my answer to that is that is a false choice. One of my predecessors, not Governor Blanchard, (and it was in a very different time, immediately after September 11), rather famously said that in Canada, "security always trumps trade." (27) We have learned a lot in the last ten years. And one of the things we have learned is not only is that a false choice, but perhaps the only way that we will have a secure North America is if we have a more efficient border. And that is exactly what the Beyond the Border Agreement is all about.

There are four key areas to the Beyond the Border Agreement. The first area concerns addressing security threats early and addressing them as far away from North America, and as far away from the border, as we possibly can. (28) Second, is facilitating trade, and we do it in order to improve the economic growth and very importantly, to create jobs by smoothing the flow of goods and services between our two countries. (29) Third, is cross-border law enforcement. (30) And we are going to do this, in large part, by sharing information in order to better identify threats and to protect our citizens. (31) And the fourth involves protecting critical infrastructure and cybersecurity in order to ensure our physical and technological infrastructure is modern, efficient, and effective. (32) That is the essence of the Beyond the Border Agreement.

In the second agreement, with the creation of the Regulatory Cooperation Council, the goal is very simple: together we will align the regulatory approaches of our two countries. (33) This is actually very important and it is a very effective way for Canada and the United States to support growth and investment and innovation in these very difficult economic times. We are going to tackle the so-called "tyranny of small differences" by reducing the regulatory burden and procedural duplication in order to provide direct and tangible benefits to consumers and to businesses. (34) And we are going to do this through easier trade flows, lower production costs, and streamline compliance. (35) We are going to do it, and this is very important, without compromising public health or environmental protection. But we cannot allow small variations in how we do things to cause big impediments to trade and travel. Now yesterday, Ambassador Doer talked a little about my Cheerios, and some of you have probably heard this story before, (36) but I am pathetic. And every morning, other than this morning, because they did not have them, I have Cheerios for breakfast. Do not ask me, I just do. And when I lived in the United States, I always ate Cheerios that were fortified in accordance with the recipe that is required by the United States government. Now that I live in Canada, I eat Cheerios that are fortified with a different recipe that is required by the Canadian government. And I can assure each and every one of you that I feel neither healthier, nor cheerier, in one country or the other! And the first time I told this story, somebody raised their hand and they said, "Well, okay Ambassador, which one should we adopt?" And my answer was, "it does not matter." No one is sitting there and saying, "Oh my God, I am going to die if I eat Canadian breakfast cereal!" And vice versa. It just does not matter, but these things really do make a difference in terms of cost, in terms of competiveness, and in terms of customer satisfaction. So that is the gist of what these two documents are. We have really been delighted, and we have been encouraged, on both sides of the border by the largely positive reaction to what we are doing and where we are headed. The President of the American Auto Policy Council described the Agreements as "great news for North American manufacturers as it will significantly improve our economic competitiveness by enhancing the flow of trade and commerce across our shared border in a secure manner. (37) The President and Chief Executive Officer of the Canadian Chamber of Commerce described the signing as "a major victory for business and citizens on both sides of the border." (38)

Now there have been some concerns that have been expressed as well. The one that I have personally heard most often is motivated by skepticism toward progress. In other words, are we as governments actually going to do what we say we are going to do? Or are these two more documents that are destined for the great filing cabinet up in the sky? There also have been concerns expressed about potential implications for privacy and individual rights and for the sovereignty of the United States and Canada. Others view these improvements cannot be made in an era of tight budgets. Some have wondered whether the United States is going to shift Beyond the Border to the back burner during the 2012 election campaign. Some look at the specific impediments being targeted by the Regulatory Cooperation Council and they say, "What about me? What about my industry? Why is the Council not working to reduce our burden?" What I would like to do is go through each of these and address them one at a time because each of them is important, and each of them is serious.

First, the question of follow-through: Now, there were a number of people that were worried at the outset of the Beyond the Border process as to whether we were actually going to deliver. I know this, because I was one of them. The Agreements were first contemplated in late 2009, early 2010, by Prime Minister Harper and President Obama. Theresa Brown (39) and Laura Dawson (40) were critical to this effort. They, at the time, both worked with me in the United States Embassy in Ottawa. They were instrumental in both of these ideas and bringing them to fruition. The Beyond the Border Agreement was announced a year ago, and there has been a tremendous amount of work that was done since then. In December, the much more detailed Action Plan was announced (that I talked about earlier). (41) It is true that some government initiatives fall by the wayside, despite the very best of intentions. But a funny thing tends to happen when both leaders are actively engaged, and when both leaders are really interested in getting things done and in making progress; things actually do get done and that is what we are seeing here. There is momentum and energy that is coming from the top, and we are indeed getting things done. It is striking how much effort is being put in at very senior levels of both governments to achieve both Beyond the Border and Regulatory Cooperation goals.

The second concern is privacy, and in the high-tech age that we live in, this is an important consideration. It is something that is very important to the President, it is something that is very important to me, and it is a concern that is shared by people on both sides of the border. There is one thing that I always make clear, particularly when I am in Canada, and I think that most of you from the United States will agree with me, that people in the United States care just as much about privacy and they care just as much about individual rights as people in Canada do. While our legal frameworks might differ a bit, and sometimes we protect these rights in a different ways, we really do share similar values here. We have similarly high expectations with respect to both privacy and individual rights. That is why President Obama has made privacy and individual rights a priority in this initiative and it is why we are going to continue to work to ensure respect for the laws and the traditions of both of our countries. To that end, one of the very first deliverables under the Beyond the Border Agreement is a joint Canada-United States statement of privacy principles. (42) That is being worked on while we speak, and it will be announced shortly. (43)

The third concern that people have raised is sovereignty. I read a column not too long ago in The Globe and Mail, where Lawrence Martin wrote that "With age [Canadians have] become more secure about their independence." (44) And there is not much doubt that Americans have guarded their independence rather famously from the beginning. And neither country has any interest in changing the other one. I know I speak for my government when I say that we not only respect, but we value our separate histories, separate traditions, and separate constitutional and legal frameworks. No one has a stake in trampling on the other, and this is about making the most of the common ground that we all share.

The fourth issue is budget concerns, and honestly, when you are in the United States government these days, budget concerns are a big deal. They are in Canada as well, but a particular concern in the United States. But there is one area where I really do not see them having a market impact on this process, and that is the Beyond the

Border effort. We are quite confident in the United States that we can meet our Beyond the Border commitments within our normal operating budgets. And given that Beyond the Border is being advanced at the highest levels of the Canadian government, we are confident that the Canadians will do the same. Both sides intend to achieve these initiatives, and we intend to meet these initiatives on time.

The fifth concern is elections. Now, you have probably noticed that there is an election going on in the United States. You have also probably noticed that there is pretty much always an election going on in the United States. But I think we can all rest assured that the work on the border and on regulatory cooperation is getting done. I can assure all of you that politicians on both sides of the aisle recognize the need to improve the economy, to increase trade, and to make this border more efficient. I get calls regularly from both members of Congress and Senators in both parties, and this is not a partisan issue. This is one of the things that both Republicans and Democrats can agree on.

The sixth and final concern is from those whose products and industries are not specifically addressed in the first iteration of the priorities of the Regulatory Cooperation Council. (45) This is the "What about me?" crowd. And what is important to understand here is that the priorities that were listed in the Regulatory Cooperation document are the initial round of priorities. We are focused, and the Council is focused, on issues where there is a lot of common ground; where there is a strong desire for cooperation on both sides of the border. Areas like automobile manufacturing, pharmaceuticals, and agriculture. And once these issues are resolved, the Regulatory Cooperation Council will have established some momentum, and the doors are going to be open to looking at more, and sometimes more complicated issues. But we are operating on the premise, and Theresa Brown and Laura Dawson are the ones that beat this into my head, that if we try to solve everything at once, we are going to end up solving nothing. And it is important to mention one other thing about the Regulatory Cooperation process. That going forward, the Council is going to try to voluntarily align future regulations as they are created. (46) The fact is that it is much easier to work together to develop new regulations as they emerge, then to try to untangle the mess of older regulations. So going forward, we are going to try to minimize these little differences in new regulation.

So we have momentum, we have a head of steam on increasing trade and improving security and reducing regulatory burdens and the question is, "what is next?" How are we going to keep the momentum going and how are we going to keep building on the progress that we have made? And the determination is, and it is not exactly rocket science, that it is all about setting goals and targets, meeting deadlines, and it is all about moving forward and accepting responsibility.

Let me give you a sense of some of the things that are going to be coming up in the next couple of months. In a few weeks we are going to announce the elimination of the time and resource consuming practice of inspecting air cargo in both countries when it goes from and into both countries. (47) We are now going to inspect individuals and cargo once, and it is going to be cleared twice. We are also going to unveil a joint campaign to promote our Trusted Traveler Programs and to encourage more people to apply. (48)

You can divide the world into three categories: there is one category that Homeland Security technically refers to as RBGs, or "really bad guys." I am not making this up! And we kind of have a sense of who those people are. Then there is the other extreme, which is a much bigger category of people, who we know before they get to the border are okay, people like most of the people in this room, but we have to know who you are before you can travel across a border. Then there is the third category, which is everybody else in the middle. And the trick is to move as many people as possible out of that vast, unwashed, middle category and into the good guy category. The way you do that is to have information about them before they get to the border. The border is the worst place to make decisions about anything, it is a bottleneck, there is no redress and if you do not have the right piece of paper then you must go home. Everyone knows that if you arrive at the border without your passport, you cannot enter another country. And so what we want to try to do is to get this information into the system ahead of time and one of the best ways to do this is for people to use Nexus. (49) If we know who you are, if we have had the opportunity to do some background checking before you get to the border once, then you get to go through more quickly. What that does is not only make it easier for you, but it makes it easier for everybody else because the limited resources we have can be spent looking for the RBGs and checking on the people in the middle category. We are going to be safer because we are no longer wasting time and resources checking on my grandmother.

Now by the end of May we are going to develop this Joint Statement of Privacy Principles. (50) By the end of June, we are going to see a new pilot program relating to the inspection of fresh meats at the border (21) We will have drawn up plans to coordinate investment in small or remote border crossings that are going to be a part of a five-year infrastructure plan. (52) The goal is to replace aging infrastructure with modern facilities that can better handle the traffic of today and of tomorrow. Now this is just some of what is going to go on, and often in government it is easier to say something but harder to do it. But we are generating real progress, and it is real progress that is going to make a meaningful and lasting difference to people and business on both sides of the border.

Now more than once I have had conversations with people where we were talking about these things, trying to fix the border and eliminating small nuances and the general reaction is, "Gee, don't you guys already do that?" And I have to look back at them and sheepishly say, "No, we actually don't already do that" A lot of what is in these Agreements, whether it is Beyond the Border or in the Regulatory Cooperation Council, is just kind of common sense. But as the famous Canadian philosopher, Don Cherry, says, people think common sense is common, but it is not. Now I think many of the American's don't get that joke, but it is a good joke. He is the color analyst on Hockey Night in Canada, and he is quite the character. But what it comes down to is this: on both sides of the border we are motivated by the belief that we just do not have to choose between security on the one hand and efficiency on the other. If we work together, if we are smart, and if we are innovative, we can achieve both of those goals; we can create what Foreign Affairs Minister John Baird, (53) and many others, has called a new border for a new century (24)

Now during this time as Ambassador I have developed a richer understanding of, and an appreciation for, the partnership that the United States and Canada have built together. We are two sovereign and independent countries, and we are aligned in the pursuit of better security and more prosperity for our citizens. We are two countries that share an important and incredibly successful trading relationship over a border that is a meeting place for commerce, and it is a symbol for our long-standing infinity. We have grown up together; we have grown prosperity and advanced freedom at home and around the world. We are two independent nations; we are allies, friends across a border that unites far more than it divides us. We are two nations with a remarkable past, and now we are two nations with a roadmap to an even more promising future.

Now, before I stop, I have one other thing that is totally unrelated that I just want to mention, and it builds on something that Ambassador Doer said last night and that is a reference to the Pacific Northwest Economic Region ("PNWER"). PNWER is a group of Premiers and Governors, state legislators, and members of legislative assemblies, leaders in the business communities on both sides of the border, leaders in the academic communities on both sides of the border, NGOs representatives, as well as civilians. (55) It is leaders in California, Oregon, Washington, British Columbia, Alberta, and Saskatchewan. (56) They meet several times a year in large meetings of over 1,000 people, and they have other, smaller meetings as the year progresses. They have a professional staff and it puts the Pacific Northwest region of Canada and the United States, at a real advantage. They have an advantage in terms of how the states and provinces work together. They have an advantage in terms of their voice in Washington and in Ottawa, and an advantage in terms of the generation of ideas. There is not a similar kind of organization that deals with the Great Lakes states and provinces. And one of things that Ambassador Doer and I talked about last night involved the Canada-United States Law Institute serving as a catalyst for setting something like that up among the Great Lakes states and provinces. It is something that is sorely lacking, and we see it constantly. In order to make it happen it will require some resources, it will require dedication, it will require leadership, but it is something that is important and I think while it is a little bit different from your fundamental mission. I think you are one of the very few groups with the right leadership that maybe could make this happen. (57)

David Kocan:

Thank you very much, Mr. Ambassador. Now it is my distinct privilege to welcome two very important people to the Institute, to the podium, to give a welcoming address. I do not know if many of you know, but both of our schools, Western Ontario and Case Western, had the very fortunate experience of bringing on two incredibly talented people to run the schools, and as a result, to become Presidents of our Institute, Dean Lawrence Mitchell and Dean Ian Scott. Dean Mitchell?

FINAL REMARKS

DEAN LAWRENCE MITCHELL:

One of the true privileges of being the Dean of a law school like this is welcoming the speakers and the attendees at some of our spectacular conferences. But this one is truly remarkable. I get to welcome a room full of Ambassadors, Dignitaries, and just great people. To the Canada-Untied States Law Institute annual conference, this Institute is a really unique undertaking and I did not know that I was going to be privileged to be co-President when I accepted the Deanship here. Started by Sidney Picker in 1976, (58) this Institute is the premier law-related think-tank for Canada-United States issues. The opportunity for this Institute to produce white papers, to influence government decisions, to analyze the most important problems that confront these two nations as they deal with each other every single day, is really special and it has been done spectacularly well. Before I go on to talk about it in any further depth, I want to thank two people who have brought this Institute tremendous new life and Dean Scott will do his own thanking, but I am going to thank my side. Michael Scharf, who does not sleep, who is a truly extraordinary human being, and had far more to do than anybody should have had to do to begin with, stepped in and is doing a spectacular job. For all of Michael's great work, the real new life in this Institute is David Kocan. This law school made an investment by hiring David for the purpose of running this Institute. David has spectacular poise, presence, imagination, drive, and energy. And really David, I am so proud that you are an alumnus of our law school and that you are here to make this Institute everything that it can possibly be. That honors Henry King and whose memory this conference is held, it honors the relationship between our two countries, it honors the time and effort of the distinguished speakers we bring here. So over the years this Institute has had tremendous influence, but I just want to spend a minute or two updating you on what has been going on since David and Michael took over.

On February 22nd, we hosted the first ever CUSLI experts meeting in Washington, where twenty-five top industry and government experts from the United States and Canada gathered to analyze the ramifications of the Beyond the Border action plan. (59) We hosted an exciting distinguished lecture series at Western Ontario and Case Western Reserve, including Dean Ian Scott, Patricia Birkholz, (60) and Davis Robinson. We held a groundbreaking Niagara International Moot Court competition in Washington, D.C., where teams from across Canada and the United States competed for the opportunity to argue the final round. (61) We have increased the website, we have built new student opportunities with internships, our Canada-United States Law Journal, (62) and our CUSLI-Nexus blog. (63) We have developed an ambitious fundraising plan, so that we can finance this Institute and make it everything it can be, and support the great work that David and Michael are doing, that all of you that are affiliated with Institute are doing, and so I will not keep you longer because you have far more interesting people to hear from than me. But before I turn the microphone over to Dean Scott, I simply want to say that this extraordinary Institute is just a jewel in our institutional crown and that you all being here helped to make it that way. Thank you so much.

DEAN IAN SCOTT:

Good morning, Mr. Ambassador I would like to echo Mr. Peterson's remarks, we are delighted in Canada to have you in Ottawa as our government's representative. It is quite important, as I am sure you have learned, to Canadians to feel that we have that relationship through you with Washington, D.C.

It is my pleasure to be here. I too did not know that becoming the Dean of Western would have me here in this Institute. I was just appointed last September, and you are not a career diplomat, I am not a career academic, so you will have to forgive me for the way I approach things. I too would like to thank our equivalent to Michael, Chi Carmody from Western. What I have learned in the academic world is you actually do not have anything much you can give faculty members to thank them for their vast contributions that they make such as the economic leavers that I am used to in my prior life. So Chi, I merely thank you for your great contribution and I wish I could give you more but that is all I can give you today.

Unlike Dean Mitchell, I would like to talk about the future for one minute. That might surprise you students because obviously, I have less of a future compared to the past I have had. But I think it is the obligation of people like us that take on leadership roles in organizations like this to actually think about the future and to be committed to the future for the benefit of the students and those that come after us. The quality of the contributions this Institute has made over the years I think creates a challenge for us to ensure that it continues, and Dean Mitchell mentioned a few of the things that we will intend to be focused on. I can tell you that I am committed to ensuring that this Institute has the continuing support of Western University. And we have some challenges ahead of us. But I look at challenges as opportunities, and we will be committed to ensuring that we continue to strengthen our vision and our support. Like Dean Mitchell, we need money to function and it is tough to say but as we saw this morning with Mr. Blanchard, it is important to take a leadership role. Therefore, we must thank DLA Piper for their contributions and I will be looking for that kind of support from others as well as we refine our goals going forward and look for the support we need. (64) So the best to all of you and I hope you enjoy the conference. Thank you.

David Kocan:

Thank you very much Dean Mitchell and Dean Scott for your kind words and everything you do for this Institute. We could not do it without you.

(1.) Agenda for "The New Perimeter Initiative: Will Security Trump Trade?", CAN.-U.S. LAW INST. (last updated Mar. 13, 2012), http://www.cusli.org/conferences/annual/annual_2012/agenda.html.

(2.) United States Ambassador to Canada David Yacobson, EMBASSY OF THE U.S., OTTAWA CAN., http://canada.usembassy.gov/ambassador.html (lasted visited Oct. 1, 2012).

(3.) Professor W. Lain Scott, WESTERN LAW SCH., https:// www.law.uwo.ca/lawsys/pages/contents.asp?contentName=Instructors& contentFileName=iain.scott (last visited Oct. 1, 2012).

(4.) Dean Lawrence Mitchell, CASE WESTERN RESERVE UNIV. SCH. OF LAW, http://law.case.edu/OurSchool/FacultyStaff/MeetOurFaculty/Faculty Detail.aspx?id=989 (last visited Oct. 1, 2012).

(5.) Prof. Chi Carmody, WESTERN LAW SCH., https://www.law.uwo. ca/lawsys/pages/contents.asp?contentName=Instructors&contentFileNa me=ccarmody (lasted visited Oct. 1, 2012).

(6.) Professor Michael Scharf, CASE WESTERN RESERVE UNIVERSITY SCHOOL OF LAW, http://law.case.edu/centers/cox/facultydetail.asp?facultyid= 142 (last visited Oct. 1, 2012).

(7.) James J. Blanchard, DLA PIPER, http://www.dlapiper.eom/james blanchard/(last visited Oct. 1, 2012).

(8.) Hon. James S. Peterson P.C., FASKEN MARTINEAU, http://www.fasken.com/lawyers/detail.aspx?professional=6485 (last visited Oct. 1, 2012).

(9.) DLA PIPER, supra note 7.

(10.) See CAN.-U.S. LAW INST., supra note 1.

(11.) David C. Jacobson, U.S. DEP'T OF STATE, http://www.state.gov /r/pa/ei/biog/130426.htm (last visited Oct. 1 2012).

(12.) Id.

(13.) Id.

(14.) Id.

(15.) Id.

(16.) Id.

(17.) Id.

(18.) Id.

(19.) See EMBASSY OF THE U.S., OTTAWA CAN., supra note 2 (stating that Jacobson served in the White House as Special Assistant to the President for Presidential Personnel before coming to Ottawa).

(20.) See Canada, Michigan Agree on New Bridge in Windsor, CBC NEWS (June 12, 2012, 4:44 PM), http://www.cbc.ca/news/business/story/ 2012/06/12/wdr-bridge-agreement.html (stating that Ambassador Jacobson met in Windsor in May to discuss advancing the new international border crossing).

(21.) Ambassador Gary Doer--Biography, GOV'T OF CAN., http://www.canadainternational.gc.ca/washington/offices-bureaux/ amb/doer.aspx?menuid=3&view=d (last visited Oct 6, 2012).

(22.) See Ambassador Negroponte Joins Yale Faculty, YALE NEWS (Jan 21, 2009), http://news.yale.edu/ 2009/01/21/ambassador-negroponte-joinsyale-faculty, for a biography of Ambassador Negroponte.

(23.) Rear Admiral Michael N. Parks--Biography, U.S. COAST GUARD, http://www.uscg.mil/flag/d9.asp (last visited Oct. 6, 2012).

(24.) Counsel General of Canada in Detroit Roy B. Norton--Biography, GOV'T OF CAN., http://www.canadainternational.ge.ea/detroit/officesbureaux/bio.aspx?lang=eng&view=d (last visited Oct. 6, 2012).

(25.) See Press Release, Fact Sheet: U.S.--Canada Beyond the Border and Regulatory Cooperation Council Initiatives, The White House (Dec. 7, 2011) (on file with author), available at http://www.whitehouse.gov/thepress-office/2011/12/07/fact-sheet-us-canada- beyond-border-and- regulatory-cooperation-council-in (stating that President Barack Obama and Prime Minister Stephen Harper announced the Beyond the Border Agreement on December 7, 2011).

(26.) See 7 September 2012: United States Coast Guard and Transport Canada to Jointly Inspect Vessels in Great Lakes St. Lawrence Seaway, EMBASSY OF THE U.S., OTTAWA CAN. (last visited Oct. 13, 2012), http://canada.usembassy.gov/news-events/2012-news-and-events/ september-2012/7-september-2012-united-states-coast-guard-andtransport-canada-to-jointly-inspect-vessels-in-great- lakes-st.-lawrence-seaway (stating that on February 4, 2011, Prime Minister Stephen Harper and U.S. President Barack Obama announced the creation of the Canada-United States Regulatory Cooperation Council (RCC) to better align the regulatory approach of the two countries).

(27.) See IAN F. FERGUSSON, CONG. RESEARCH SERV. RL33087, UNITED STATES-CANADA TRADE AND ECONOMIC RELATIONSHIP: PROSPECTS AND CHALLENGES (2011) (stating that former U.S. Ambassador Paul Cellucci notably said in 2003 that "security trumps trade" in the U.S.--Canada relationship).

(28.) Press Release, Fact Sheet: U.S.-Canada Beyond the Border and Regulatory Cooperation Council Initiatives, The White House (Dec. 7, 2011) (on file with author) (stating that "addressing threats early" is the first goal of the Beyond the Border Action Plan), available at http://www.whitehouse.gov/the-press-office/2011/12/07/fact-sheet-uscanada-beyond-border-and-regulatory-cooperation- council-in.

(29.) Id. (stating that "promoting trade facilitation, economic growth, and jobs" is the second goal of the Beyond the Border Action Plan).

(30.) Id. (stating that "strengthening cross-border law enforcement" is the third goal of the Beyond the Border Action Plan).

(31.) Id. (stating that through implementation of the Beyond the Border Action Plan, the United States and Canada will address threats at the earliest possible point by improving intelligence and national security information sharing).

(32.) Id. (stating that "protecting shared critical infrastructure, including enhancing continental and global cybersecurity" is the fourth goal of the Beyond the Border Action Plan).

(33.) Id. ("The February Statement on Regulatory Cooperation recognized the critical importance of our $1 trillion annual bilateral trade and investment relationship and established the RCC with a two-year mandate to promote economic growth, job creation, and benefits to our consumers and businesses through increased regulatory transparency and coordination").

(34.) See Richard Blackwell, Border Deal Aims to Reduce "Tyranny of Small Differences" in Regulation, GLOBE & MAIL (Sept. 6, 2012, 11:04 AM), http://www.theglobeandmail.com/report-on-business/economy/borderdeal-aims-to-reduce-tyranny-of-small-differences-in- regulation/ article4085386/ (stating that the new U.S.-Canada border deal is trying to eliminate "tyranny of small differences" by reducing some of those regulatory hurdles).

(35.) THE WHITE HOUSE, UNITED STATES-CANADA REGULATORY COOPERATION COUNCIL: JOINT ACTION PLAN 1, 5 (2011).

(36.) See, e.g., Ilene Grossman, U.S., Canadian Officials Seek to Harmonize Rules that Raise the Cost of Doing Cross-Border Business, CSGMIDWEST (Feb. 2012), http://www.csgmidwest.org/policyresearch/0212uscanada trade.aspx (stating that Ambassador Jacobson uses his Cheerios example to illustrate regulatory issues between the United States and Canada).

(37.) Press Release, Canadian Vehicle Mfrs' Assoc., Bi-National Mfg. Coal. Praises Leaders on Border Vision (Dec. 7, 2011) (on file with author), available at http://www.cvma.ca/eng/news/2011/article_2011 1207_02.asp.

(38.) Press Release, U.S. and Canadian Chambers Applaud New Vision for Border, Reg. Cooperation, Can. Chamber of Commerce (Dec. 7, 2011) (on file with author), available at http://www.chamber.ca/index.php/ en/media-centre/C197/u.s.-and-canadian-chambers-applaud-new-visionfor-border-regulatory-coopera/.

(39.) Theresa Cardinal Brown--Biography, SENTINEL, http://www. sentinelhs.com/brown.html (last visited Oct. 14, 2012).

(40.) Laura Dawson--Biography, DAWSON STRATEGIC, http://dawsonstrat. com/about/laura-dawson/ (last visited Oct. 14, 2012).

(41.) See U.S.-Canada Regulatory Cooperation Council, INT'L TRADE ADMIN., http://www.trade.gov/rcc/ (lasted visited Oct. 20, 2012) (stating that the Regulatory Cooperation Council released the Joint Action Plan on Regulatory Cooperation on December 7, 2011).

(42.) See U.S. and Canada Announce the Release of the Beyond the Border; Statement of Privacy Principles, DEP'T OF HOMELAND SEC. (June 28, 2012), http://www.dhs.gov/news/2012/06/28/us-and-canada-announcerelease-beyond-border-statement-privaey-principles.

(43.) See id. (stating that the United States and Canada will announce the release of the Beyond the Border Statement of Privacy Principles on June 28, 2012).

(44.) Lawrence Martin, Don't Expect a Border Pact Backlash, GLOBE & MAIL (Sept. 10, 2012, 10:46 AM), http://www.theglobeandmail. com/news/politics/dont-expect-a-border-pact-backlash/article4180260/.

(45.) See Press Release, Fact Sheet: U.S.--Can. Beyond the Border and Regulatory Cooperation Council Initiatives, supra note 28 (stating that the Regulatory Cooperation Council has agreed to focus its initial work on: agriculture and food; transportation; health, personal care products, and workplace chemicals; and the environment).

(46.) See Erik Janus, RCC Nanotechnology Pilot Project Announced, STEPTOE (Oct. 12, 2012), http://www.steptoe.com/f-500.html (stating that the RCC seeks to increase regulatory cooperation and alignment between Canada and the United States in support of the previously issued "Joint Action Plan").

(47.) See 31 May 2012: United States and Canada Simplify Air Cargo Screening, EMBASSY OF THE W.S., OTTAWA CAN., http://canada. usembassy.gov/news-events/2012-news-and-events/may-2012/31-may2012-united-states-and-canada-simplify-air-cargo- screening.html (last visited Oct. 20, 2012) ("Under the new mutual recognition initiative, cargo shipped on passenger aircraft will be screened at the point of origin and will not need to be rescreened at the border or prior to upload in the other country").

(48.) See Press Release, Fact Sheet: U.S.--Can. Beyond the Border and Regulatory Cooperation Council Initiatives, supra note 28 (stating that the United States and Canada will enhance trusted traveler and trader programs by aligning requirements, enhancing member benefits, and providing applicants with the opportunity to submit one application to be enrolled in multiple programs).

(49.) See Smarter and Faster Air Security Screening for Canadian NEXUS Members in the United States, CANADA'S ECON. ACTION PLAN (Oct. 4, 2012), http://actionplan.gc.ca/en/news/bbg-tpf/smarter-and-faster-airsecurity-screening-canadian-nexus-members-united- states (explaining that entering identification information into NEXUS makes traveling from Canada to the United States faster and safer).

(50.) See International Privacy Policy, DEP'T OF HOMELAND SEC., http://www.dhs.gov/international-privacy-policy (last visited Oct. 20, 2012) (stating that the Statement of Privacy Principles was completed in May 2012).

(51.) See Turning Words Into Action Through Pilot Projects, CANADA'S ECON. ACTION PLAN, http://actionplan.gc.ca/en/page/bbg-tpf/turningwords-action-through-pilot-projects (last visited Oct. 27, 2012) (stating that in June 2012 a one-year pilot project will begin for advance review and clearance of official certification and alternative approaches to import inspection activities for fresh meat).

(52.) See Trade Facilitation, Economic Growth and Jobs, CANADA'S ECON. ACTION PLAN, http://actionplan.gc.ca/en/page/bbg-tpf/tradefacilitation-economic-growth-and-jobs (last visited Oct. 27, 2012) (stating that as a part of its Economic Action Plan, Canada will coordinate border infrastructure investments, upgrade physical infrastructure at key border crossings, and coordinate plans for physical infrastructure upgrades at small and remote ports of entry).

(53.) Foreign Affairs Minister John Baird Biography, FOREIGN AFFAIRS & INT'L TRADE CAN. (Oct. 23, 2012), http://www.international. gc.ca/ministers-ministres/John_Baird.aspx?view=d.

(54.) See Byron Tau, Obaraa Unveils New Border Rules, POLITICO (Dec. 7, 2011, 4:21 PM), http://www.politico.com/politico44/perm/1211/ u_s_canadarelations_8e2e7515-e045-447d-b44b-10ea67860593.html ("These agreements create a new, modern border for a new century").

(55.) See PNWER Executive Committee, PAC. NW. ECON. REGION, http://www.pnwer.org/AboutUs/Background.aspx (last visited Oct. 27, 2012) ("The PNWER Executive Committee consists of one legislator from each PNWER jurisdiction, four governors/premiers, PNWER private sector council includes business, the NGOs").

(56.) See PNWER Foundation, PAC. NW. ECON. REGION, http://www.pnwer.org/AboutUs/Background.aspx (last visited Oct. 27, 2012) (stating that the articles of ratification were passed in 1991 by similar statutes in the states of Idaho, Montana, Oregon, and Washington. Alaska subsequently passed these same articles by action of its legislative council. British Columbia adopted them by ministerial action, and Alberta passed them by government resolution).

(57.) On April 11, 2013, the Council of the Great Lakes Region will be launched. Much like the Pacific Northwest Economic Region ("PNWER"), the Council of the Great Lakes Region will provide a forum for public and private stakeholders to influence and shape binational, regional policy. See COUNCIL OF THE GREAT LAKES, http://welcome.councilgreatlakesregion.org/ (last visited Jan. 2, 2013).

(58.) See History of CUSLI, CAN.-U.S. LAW INST., http://cusli.org/ about/index.html (last visited Oct. 27, 2012) (stating that the Canada-United States Law Institute is founded in 1976 and Case Western Reserve University School of Law Professor Emeritus Sidney A. Picker was the individual founder of CUSLI).

(59.) See CUSLJ Upcoming Events: Experts' Meeting--Dispelling Myths in Beyond the Border, February 22, 2012, CAN.-U.S. LAW INST., http://cusli.org/Events.aspx ("The purpose of this Experts' Meeting is to bring together government and industry experts to analyze what concerns are preventing industry 'buy-in' of the Beyond the Border Working Group and Regulatory Cooperation Council Action Plans").

(60.) Patricia L. Birkholz, MICH. LEGISLATURE, http://www.legislature. mi.gov/documents/publications/michiganmanual/2009-2010/0910_MM_III_pp_022_Birkholz.pdf (last visited Oct. 27,2012).

(61.) See Niagara International Moot Court Competition, CAN.--U.S. LAW INST., http://cusli.org/niagara/2011_2012_archive.html (last visited Nov. 3, 2012) ("The Canada-United States Law Institute administers the Niagara International Moot Court Competition, an international law moot that draws fifteen to thirty teams from law schools in Canada and the United States").

(62.) See generally Canada--United States Law Institute, CAN.-U.S. LAW INST., http://cusli.org/ (last visited Nov. 3, 2012); see also Canada United States Law Journal, CAN.-U.S. LAW INST., http://cusli.org/ Academics Publications/LawJournal.aspx (last visited Nov. 3, 2012).

(63.) CUSLI Nexus: A Law & Policy Blog, CUSLI NEXUS, http://www. cuslinexus.com/2012_02_01_archive.html (last visited Nov. 3, 2012).

(64.) See Conference Sponsors, CAN.-U.S. LAW INST., http://cusli.org/ conferences/annual/annual 2011/sponsors.html (last visited Nov. 3, 2012) (stating that DLA Piper was a generous sponsor of the 2011 Henry T. King, Jr. Conference on Canada-U.S. Relations).
COPYRIGHT 2012 Case Western Reserve University School of Law
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2012 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:35th Annual Henry T. King Conference: The US-Canadian Border Action Plan
Author:Jacobson, David
Publication:Canada-United States Law Journal
Date:Sep 22, 2012
Words:8435
Previous Article:Foreward: beyond the border action plan - a context.
Next Article:The new perimeter initiative: will security trump trade? The tyranny of the "or" and the genius of the "and.".
Topics:

Terms of use | Privacy policy | Copyright © 2020 Farlex, Inc. | Feedback | For webmasters