The Return of ACTA: U.S. Dictating Canada’s Intellectual Property Laws

By Dana Gabriel

In March, the Canadian government introduced a bill that would bring about sweeping changes to its copyright and trademark laws. This includes giving more power to customs and border protection agents without any judicial oversight. The move is intended to prevent counterfeit goods from entering the country, but has been criticized for being less about protecting Canadians and more about caving to American demands. With the U.S. dictating global intellectual property standards, the new legislation represents the return of ACTA and would pave the way for Canada to ratify the controversial international treaty.

Over the years, the U.S. has been critical of Canada's efforts in addressing trade in counterfeit goods and has been pressing for intellectual property reform. In the 2009 United States Trade Representative (USTR) Special 301 Report, Canada was placed on a priority watch list of countries that do not provide adequate intellectual property enforcement. As part of its 2013 Trade Policy Agenda, the USTR is now pushing Canada to comply with the Anti-Counterfeit Trade Agreement (ACTA). The multinational treaty is designed to standardize intellectual property laws around the world. Although it has been signed by a number of countries, including Canada, so far only Japan has ratified ACTA. It was the result of public pressure associated with risks to internet privacy and online freedom of speech which lead to ACTA being rejected by the European Parliament in July of 2012. At the time, many assumed that ACTA was dead, but it still remains a top priority for the U.S. and they are attempting to revive the discredited agreement by trying to get the six necessary ratifications for it to come into force. In an effort to satisfy U.S concerns, Canada recently announced legislation which is aimed at bringing them in line with ACTA.

Final Push for a Canada-EU CETA and the Coming NAFTA-EU Free Trade Zone

By Dana Gabriel

Pressure is mounting on Canada to finish up a long-delayed trade deal with the EU. Despite outstanding issues that still must be settled, there is a final push to try and complete an agreement this summer. If both sides are able to secure a deal, it would lay the groundwork for the proposed U.S.-EU trade pact. There is the possibility that the U.S.-EU transatlantic trade talks could also include the other NAFTA partners and maybe even other countries. Mexico has already shown interest in joining and if Canada can’t put the final touches on their own agreement with the EU, they might also be part of the negotiations. This would facilitate plans for a coming NAFTA-EU free trade zone and the formation of a transatlantic economic union.

After almost four years, negotiations between Canada and the European Union (EU) on a Comprehensive Economic and Trade Agreement (CETA) are bogged down in the final stages. Both sides have missed numerous deadlines to wrap things up. There is uncertainty when or if CETA will even get done. Prime Minister Stephen Harper recently tried to boost trade talks. He acknowledged that considerable progress towards a free trade deal has already been achieved, but admitted that there are still important issues that need to be resolved before any agreement can be finalized. Harper also explained that it would be to Canada’s advantage to sign a deal with Europe before the U.S. does. He made the comments while meeting with French Prime Minister Jean-Marc Ayrault who was in Ottawa for an official visit. As part of a joint statement, both leaders said they looked forward to a successful conclusion to CETA negotiations. Before his trip to Canada, Ayrault was sent a letter by civil society groups voicing opposition to CETA and the investor protection chapter that would grant corporations the power to challenge government policies that restrict their profits.

U.S.-EU Trade Deal is the Foundation For a New Global Economic Order

By Dana Gabriel

The U.S. and EU have agreed to launch negotiations on what would be the world's largest free trade deal. Such an agreement would be the basis for the creation of an economic NATO and would include trade in goods, services and investment, as well as cover intellectual property rights. There are concerns that the U.S. could use these talks to push the EU to loosen its restrictions on genetically modified crops and foods. In addition, the deal might serve as a backdoor means to implement ACTA which was rejected by the European Parliament last year. A U.S.-EU Transatlantic trade agreement is seen as a way of countering China’s growing power and is the foundation for a new global economic order.

In his recent State of the Union address, President Barack Obama officially announced that the U.S. would launch talks on a comprehensive Transatlantic Trade and Investment Partnership with the European Union (EU). A joint statement issued by European Commission President Jose Manuel Barroso, European Council President Herman Van Rompuy and U.S. President Obama explained that, “Through this negotiation, the United States and the European Union will have the opportunity not only to expand trade and investment across the Atlantic, but also to contribute to the development of global rules that can strengthen the multilateral trading system.” In a separate speech, European Commission President Barroso also emphasized that, “A future deal between the world's two most important economic powers will be a game-changer. Together, we will form the largest free trade zone in the world. So this negotiation will set the standard – not only for our future bilateral trade and investment, including regulatory issues, but also for the development of global trade rules.”

U.S.-Canada Harmonizing Border Security and Immigration Measures

By Dana Gabriel

The U.S. and Canada have made significant progress in advancing the Beyond the Border deal and continue to implement various perimeter security initiatives. Without much fanfare, they have signed an immigration agreement that would allow them to share biographic and at a later date, biometric information. As part of a North American security perimeter, both countries are further harmonizing border security and immigration measures. Canada is further taking on U.S. security priorities and this could include a bigger role in the war on terrorism.

It’s been over a year since Prime Minister Stephen Harper and President Barack Obama announced the Beyond the Border and the Regulatory Cooperation Council action plans. On December 14, 2012, the U.S. and Canada issued the Beyond the Border implementation report that highlights the objectives that were achieved over the past year and the work that has yet to be done. It explained that moving forward, “Key future initiatives include harmonizing our trusted trader programs, making significant infrastructure investments at our key land border crossings, fully implementing an entry/exit program at the land border, expanding preclearance operations to the land, rail, and marine domains.” The report also acknowledged challenges facing the Next-Generation pilot project which would permit teams of cross-designated officers to operate on both sides of the border. It was originally scheduled to begin last summer. While steady progress has been made, a lot more work is needed to meet the goals of the Beyond the Border action plan. Over the next several years, other aspects of the deal will be phased-in incrementally with specific deliverables due this year, in 2014 and also in 2015.

The Tri-Command Strategy and Merging U.S.-Canada Arctic Foreign Policy

By Dana Gabriel

The Arctic has become an important part of North American perimeter security. Recently, the U.S. and Canada signed two new agreements that will expand bilateral military training, security and defense operations in the region. Both countries are working together to prepare for any real or perceived threats and are moving towards merging their Arctic foreign policies.

On December 11, 2012, the U.S. and Canada signed the Tri-Command Framework for Arctic Cooperation which will further integrate United States Northern Command (USNORTHCOM), Canadian Joint Operations Command (CJOC) and North American Aerospace Defense Command (NORAD). According to a press release, the framework is designed to, “promote enhanced military cooperation in the Arctic and identify specific areas of potential Tri-Command cooperation in the preparation for and conduct of safety, security and defense operations.” USNORTHCOM, CJOC and NORAD will work more closely in the region with regards to planning, domain awareness, information-sharing, training and exercises, operations, capability development, as well as in the area of science and technology. This also ties in with the Tri-Command Training and Exercise Statement of Intent. The newly signed military document is aimed at, “enhancing joint and combined readiness in support of safety, security and defense missions through combined training and exercises and reinforcing partnerships and collaboration among the Commands.”

Beyond NAFTA: Shaping the Future of North American Integration

By Dana Gabriel

In a move that signalled the importance placed on the NAFTA partnership, Mexico’s new president visited the U.S. and Canada before his inauguration. This was seen as a step forward in further strengthening political, economic, energy and security ties between all three countries. Other recent high-level meetings and policy papers are also shaping the future of North American integration.

Before his recent trip to the U.S., Mexico’s new President Enrique Pena Nieto emphasized in a Washington Post editorial the opportunity both countries have to build on their economic partnership. He explained that, “in NAFTA we have a solid foundation to further integrate our economies through greater investments in finance, infrastructure, manufacturing and energy.” As part of his government’s strategy to reduce violence, he stated that it is, “important that our countries increase intelligence-sharing and crime-fighting techniques and promote cooperation among law enforcement agencies.” In a White House press release, Pena Nieto invited President Barack Obama to participate in the next North American Leaders Summit which will take place in Mexico sometime in 2013. With regards to U.S.-Mexico relations, Obama said that he was also looking forward to finding ways, “to strengthen our economic ties, our trade ties, our coordination along the border, improving our joint competitiveness, as well as common security issues.”

U.S.-Canada Integrated Cybersecurity Agenda

By Dana Gabriel

As part of the Beyond the Border initiative, the U.S. and Canada are strengthening cybersecurity cooperation. In a move that received little attention, both countries recently announced a joint cybersecurity action plan. Cyber threats know no national borders which has made the issue an important security concern. A fully integrated North American security perimeter would be entrusted with preventing and responding to any such attacks.

One of the key priorities identified in the November 2011 Beyond the Border Action Plan is cybersecurity. The agreement lays the framework for enhancing U.S.-Canada, “bilateral cyber-security cooperation to better protect vital government and critical digital infrastructure and increase both countries' ability to respond jointly and effectively to cyber incidents. This will be achieved through joint projects and operational efforts, including joint briefings with the private sector and other stakeholders, and the enhancement of real-time information sharing between operation centres.” The deal will also work towards strengthening, “cooperation on international cyber-security and Internet governance issues to promote prosperity, enhance security and preserve openness in our networked world.” Merging cyber threat strategies would force Canada to further bring its security practices in line with American ones and under the reach of the Department of Homeland Security (DHS).