The Mohawk Council of Kahnawà:ke (MCK) would like to provide important information for community members planning to travel to the United States.
Traveling to the United States (U.S.) (Jay Treaty Border Alliance)
The Jay Treaty, signed in 1794 between Great Britain and the United States (U.S.), recognizes that Onkwehón:we who are born in Canada have the right to freely cross the U.S.-Canada border. Under this treaty and corresponding legislation, Onkwehón:we people may enter the United States freely for purposes such as employment, study, retirement, investing, and immigration. This treaty is still recognized by the U.S. Government to this day.
To exercise these rights, those spending more than 30 days in the U.S. must provide documentation proving they are of at least 50% Onkwehón:we descent. Acceptable forms of evidence include:
- A status card issued by the Ministry of Indian and Northern Affairs
- A letter from the Office of the Kanien’kehá:ka of Kahnawà:ke Registry, along with supporting documents such as a long-form birth certificate listing both parents’ names
Returning to Canada (Declaring Goods – CBSA)
According to the Canada Border Services Agency (CBSA), the following taxes and exemptions apply when returning to Canada with goods purchased in the U.S.:
Tariffs: A 25% surtax applies on new or used goods originating from the U.S. This surtax is charged before duty, GST, and PST.
Exemptions on Goods (excluding tobacco and alcohol):
- Trips under 24 hours: No exemption – taxes and tariffs apply to all purchases
- Trips from 24-48 hours: Up to $200 CAD is exempt (if you exceed this, the entire amount is subject to taxes/tariffs)
- Trips of 48 hours or more: Up to $800 CAD is exempt (if you exceed this, taxes/tariffs apply only to the amount over $800)
Groceries are included in these exemptions. The MCK is actively pursuing exemptions with representatives from the Ministry of Finance from tariffs on goods purchased in the United States, in recognition of our inherent right to cross the border freely. It should be noted that, due to the current Canadian elections, high-level meetings will resume once new ministers are in place.
All Kahnawa’kehró:non are encouraged to plan ahead, ensure proper documentation is in order, and know their rights and responsibilities at the border. If you have any questions, please direct them to Ohén:ton Í:rate ne Ratitsénhaienhs Cody Diabo, at 450-632-7500 or email [email protected].
The MCK wishes all Kahnawa’kehró:non a safe and enjoyable long weekend!a safe and enjoyable long weekend!
