U.S. President Obama and Canadian Prime Minister Harper have sanctioned an ongoing discussion to remove barriers that impede the legitimate flow of people, goods and services across the Canada/USA border. To this end, in December of 2011, the two countries issued a document called the BEYOND THE BORDER Action Plan (the “Plan”). Among many ambitious proposals, the Plan calls for NEXUS enhancement.

By separating NEXUS enrollees from the rest of the traveling public, NEXUS enables Canadian and U.S. border authorities to concentrate their efforts on potentially high-risk travelers and goods, thereby enhancing border security. It also allows frequent border crossers to enjoy predictable and timely border-crossings. This blog urges that the Plan’s NEXUS enhancements include the following:

• Retreat from NEXUS’ Zero Tolerance enrollment policy that denies NEXUS benefits to persons with criminal convictions for minor violations of the law, no matter how old. A waiver of ineligibity for FAST enrollment is available to qualifying truck drivers with minor convictions. There is no sound reason why such benefit should be denied NEXUS applicants.
• Establishment of an appeals process by the U.S. (Canada already has such a process) for NEXUS denials and revocations. NEXUS has matured since its establishment in 2001 as part of the Smart Border accord, and due process protections need to be built into its application and revocation procedures. A Smart Border is incomplete without such safeguards.

NEXUS attempts to strike a balance between national security and economic security, but the application of zero-tolerance program eligibility rules combined with the lack of an appeals mechanism for those denied NEXUS program benefits shows little regard for personal security. To date, NEXUS procedures have left individual rights subject to the whim of institutional expediency.

The Plan also indicates that the U.S. and Canada will implement a joint marketing plan for NEXUS. To this end, this blog suggests that NEXUS enrollees be able to opt-in for NEXUS e-mail updates through which participants receive updated information regarding additions and deletions of prohibited food items, changes in NEXUS hours, addition of NEXUS lanes at various Ports of Entry, and periodic reminders of NEXUS rules.

NEXUS has proven itself at land- border crossings and airports. This blog suggests NEXUS documented passengers receive priority boarding benefits when boarding US destined cruise ships or AMTRAC at Vancouver BC.

Greg Boos blogs from his office in Bellingham WA and his home in Vancouver BC. Please contact Greg the following address should you desire assistance on a US immigration matter:

Greg Boos, Attorney at Law
Cascadia Cross-Border Law
1305 11th Street, Suite 301
Bellingham WA 98225
CascadiaImmigrationLaw.com
360/671-5945
gdboos@americanlaw.com

At Cascadia Cross-Border Law, we create transparent borders!

Seminar offers guidelines for USA sales, shipping and business transactions

A group of veteran Canada/USA and international trade professionals will provide practical guidelines to British Columbia entrepreneurs and professionals at an upcoming seminar entitled, Doing Business in the USA.

This one-day seminar is designed to give Canadian manufacturers, importers, distributors, agents and other business professionals the tools they need to easily expand their business interests across the border. Key topics include:
1. Dealing with “border issues”, such as U.S. travel and immigration planning, U.S. Customs clearance, business planning, taxation, currency exchange, and legal considerations.
2. Understanding “logistics issues”, such as establishing a USA business identity, warehousing, transportation, fulfillment, and handling of returned goods.
3. Introduction to “importing” lower-cost goods into the USA that have been “outsourced” or purchased in Asia, Europe and elsewhere.
4. “Sales/marketing strategies”, including market overview, sales/marketing fundamentals, lessons and pitfalls.
5. “Money, Money, Money!”, a lively open forum (with guest “experts”) to discuss various related topics of interest to the audience.
6. “Resource introductions”, including the Canadian Trade Commissioner Service, which provides federal government programs and services at home and abroad.

The Doing Business in the USA seminar has welcomed over 4,000 attendees at various locations in BC since 1997. The main motivation for attendance by BC entrepreneurs hasn’t changed, namely the extra profit opportunity offered by a huge and affluent market of over 300 million buyers that is very receptive to foreign goods.

According to seminar organizer, Jim Pettinger, “Now is a great time for a Canadian company to invest in expansion to the USA. The strong Loonie will still buy 20 to 50 percent more marketing services in the still-depressed economy (e.g., tradeshows, travel, hotel rooms, advertising), but the U.S. economy has officially turned the corner and will soon return full force.”

The Doing Business in the USA seminar is targeted at three groups: (1) new exporters to the USA who need to know the basics, (2) new or inexperienced staff members of current exporters to the USA, and (3) professionals who advise the previous two. Plenty of time during the day is available for one-on-one and “round-table” meetings with the various resource people in attendance.
The Doing Business in the USA seminar will be held on Thursday, May 12 at the Sheraton Guildford Hotel, 15269-104th Ave, Surrey, BC from 8:30am to 4:30pm. Cost for the seminar is $195 pre-registered or $225 at the door ($145 each for 2 or more, and $25 further discount for registration before May 6). Also available is a special “after lunch only” rate of $75. For more information contact Carol Jackson at 1-800-799-8848 or visit www.UCanTrade.com.