US embassy cable - 03OTTAWA648

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