Presidential Permits for Border Crossings
The Secretary of State has the authority to issue Presidential permits for cross-border liquid pipelines for water and petroleum products and for other cross-border infrastructure, such as land-border crossings, bridges, tunnels, conveyor belts, and tramways. After requesting the views of specified agency heads, the Secretary of State or his delegate determines whether a proposed cross-border infrastructure project is in the U.S. national interest before issuing a Presidential permit. In arriving at the national interest determination, the Secretary of State or his delegate may consider a variety of factors, including but not limited to: foreign policy; energy and border security; safety; environmental, cultural, and economic impacts; and compliance with applicable law and policy.
Responsibility for the infrastructure projects is divided up betweem two bureaus within the Department of State. The Bureau of Western Hemisphere Affairs provides support to the relevant department decision maker for land-border crossings, bridges, water pipelines, tunnels, and tramways. The Bureau of Energy Resources provides support to the relevant department decision maker for liquid petroleum and petroleum product pipelines. For details on cross-border permits for cross-border electrical transmission lines, please see the Department of Energy’s website, and for cross-border natural gas pipelines, please see the Federal Energy Regulatory Commission’s website.
For more information regarding the Secretary of State’s delegated authority to issue Presidential permits for cross-border infrastructure projects, see Executive Order 11423 and Executive Order 13337.