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US-Canada Cross-Border Quick Guide

This pre-election analysis from ML Strategies will explore some of the most pressing cross-border issues that will be tackled by the next administration and 119th Congress. Click here to read our full analysis.

Here are some topline takeaways from key issues:

  
US-Canada Cross-Border Issue

  
Trump

  
Harris

  
Energy/ Environment

  • Prioritize an expansion of pro-fossil fuel infrastructure, such as pipelines.
  • Bolster US energy independence and minimize regulatory constraints on energy projects.
  • Less emphasis on collaborative environmental and sustainability initiatives with Canada.
  • Strengthen joint efforts on renewable energy development and stricter environmental regulations to reduce carbon emissions.
  • Continue emphasis of the Canada-US Energy Transformation Task Force to accelerate cooperation on critical clean energy opportunities, including decarbonizing steel and aluminum.
  • Allocate funding to US and Canadian companies to mine and process critical materials for electric vehicles and stationary storage batteries.

  
Infrastructure

  • Renegotiate trade agreements to benefit US infrastructure projects and industries.
  • Revise and reduce environmental regulations impacting cross-border infrastructure projects.
  • Enhance cybersecurity measures and potentially challenge policies or agreements viewed as unfavorable to cross-border digital data flows.
  • Prioritize initiatives like joint investments in clean technology and enhanced cybersecurity measures while maintaining a focus on equitable and secure trade practices.
  • Advance initiatives to modernize infrastructure to facilitate trade and ensure efficient transportation networks.
  • Focus on improving cross-border clean energy infrastructure and electricity transmission.

  
Tax

  • Advocate for a more competitive stance on limiting or regulating foreign ownership in key sectors, in alignment with an “America First” agenda.
  • Maximize economic growth and investment opportunities, potentially leading to less emphasis on tax policy reforms that could impact foreign carried interest and cross-border financial flows.
  • Oppose Canada’s Digital Service Tax (DST).
  • Advocate for more stringent reforms on carried interest, aiming to close tax loopholes and ensure that fund managers pay ordinary income tax rates on their carried interest earnings.
  • Foster collaboration with Canada on tax policy to enhance mutual regulatory compliance and economic stability.
  • Focus on ensuring that multinational corporations pay their fair share of taxes.

  
Trade

  • Impose a 10% tariff on all products imported into the US
  • Aggressively renegotiate tariff disputes and the USMCA to better align with US economic interests.
  • Reduce regulatory constraints and advocate for policies that favor domestic industries, potentially leading to more contentious trade relations.
  • Address tariff disputes through diplomatic negotiations, aiming to reduce trade barriers and promote fair trade practices.
  • Harmonize regulatory standards to facilitate smoother cross-border trade and investments while supporting policies that address environmental and social concerns.
  • Streamline customs and border procedures.

  
Technology

  • Push for stronger US regulations and standards for data privacy and protection, potentially including policies that limit data transfers.
  • Emphasize aggressive enforcement of US patents and copyrights, potentially seeking greater collaboration with Canada to combat intellectual property theft and counterfeiting.
  • Strengthen US defenses against cyber threats and push for enhanced cooperation with Canada on security measures, possibly including joint initiatives to combat hacking and data breaches.
  • Advocate for robust, yet harmonized, data privacy and protection standards that balance privacy with the need for cross-border data flow.
  • Support enhanced cross-border cooperation to protect innovations and patents, promoting a shared framework that addresses intellectual property theft and fosters innovation in both nations.
  • Strengthen US defenses against cyber threats and push for enhanced cooperation with Canada on information sharing and coordinated responses to cyberattacks.

 

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Content Publishers

R. Neal Martin

Senior Director of Government Relations

R. Neal Martin is a Senior Director of Government Relations at ML Strategies. He focuses on transportation, infrastructure, clean energy, trade, and federal appropriations, leveraging his many years of experience in government and government relations.

Myria S. Garcia

Manager of Legislative and Regulatory Affairs

Myria Garcia is a Manager of Legislative and Regulatory Affairs of ML Strategies. She draws on experience with energy and international issues while working at a national lobbying law firm to help clients achieve their legislative goals.
Matthew T. Simpson, Co-chair of the Private Equity Practice, is a Mintz attorney who focuses his corporate transactional practice on helping domestic and international companies solve acquisitions, financings, and governance matters. Matt uses his background as an international negotiator to assist clients with transactional arrangements.