MEAs Enforcement Training Workshop for Customs Officers and Border Control Personnel

THE PRACTICAL ASPECTS OF IMPLEMENTING MEA CONTROLS

THE ROLE OF CUSTOMS

MEAs Enforcement Training MEAs Enforcement Training WorkshopWorkshop

for Customs Officers and Border for Customs Officers and Border Control PersonnelControl Personnel

IntroductionIntroduction

Although each of the MEAs has a different purpose, there are similarities between them at the operational level.

The types of issues facing a Customs or border control officer when implementingone treaty might resemble those encountered in implementing other treaties.

Unit ObjectivesUnit Objectives

1. Discuss the Common issues for Customs in implementing MEAs

2. Describe the main smuggling methods used in illegal trade of environmentally sensitive goods (ESG)

3. Explain the Reporting channels available for illegal trade ESG

Unit OutlineUnit Outline

1. Introduction

2. Common Issues in Implementing

MEAs

3. Smuggling Techniques encountered

4. Reporting Channels

5. Conclusion

Common MEA issues for Common MEA issues for CustomsCustoms

Health and safetySeizures and storageCommunicationIdentificationLegislationDerogationsNon-PartiesFree trade zones

Customs officers must be conscious of health and safety and should not approach a scene involving hazardous, toxic or dangerous goods, chemicals or materials before assessing the situation.

Based on that assessment, they would take the appropriate precautions

Health and SafetyHealth and Safety

Do’sAssess the situation

Try to identify the substance only with information provided

Secure the scene

Report incident to the appropriate authority

Don’t’sTake any action unless you have been trained in handling potentially dangerous goods.Enter confined spacesOpen trailers or trucksOpen drums or other containersPresume the exact contents of the cargo based on labelDestroy evidence

Health and SafetyHealth and Safety

Seizures and StorageSeizures and StorageMost Countries have rules and procedures to apply when illegal shipments are identified and seized.

In the case of goods covered by the MEAs Customs must consult with the relevant authorities for expert advice or guidelines for treating with and storing such goods

Each of the MEAs may have special peculiarities

Seizure and StorageSeizure and StorageAll goods labelled as “dangerous” or

containing a harmful or hazardous chemical are generally stored in a Special Transit Shed set aside for such goods.

The Port Authority Regulations in most states require prior notification from ships carrying potentially harmful or dangerous cargo which must have proper labelling

This is the practice in most CARIFORUM countries

CommunicationCommunication

All treaties offer similar advice on communication:

Customs officers should be aware of the national contact point for each MEA to which their country is a Party, and they should receive regular updates from contact points on how to implement the treaties.

IdentificationIdentificationCustoms and other border control personnel must be knowledgeable about the goods and the requirements covered by each of the MEAs.

This will assist them in distinguishing between legitimate and illegitimate transactions and take appropriate action

LegislationLegislation

For all the conventions, it is important that Customs administrations are well informed of the relevant legislation and are consulted during preparation of the National legislation applying international obligations, and that they are aware of their duties and mandate under the national law for implementation of the international convention.

DerogationsDerogations

Some of the MEAs have no derogations or reservations. E.g. Basel, Biosafety

Other MEAs have provisions for exceptions to the general rule e.g. CITES specimens that are personally owned or possessed for non commercial purposes, legally acquired, and at the time of import, export or re-export either are worn or carried or included in personal baggage or are part of a household move.

Non-PartiesNon-PartiesMost of the MEAs prohibit trade between parties and non parties.

In the case of the Biosafety Protocol a non party is required indirectly to abide by its terms if they are trading in living modified organisms with Parties.

Article 24 of the Protocol requires the trans-boundary movements of LMOs between Parties and non-Parties to be consistent with the objective of the Protocol.

Free trade zonesFree trade zones

Customs officers should check with the

relevant authority about how the trade

rules of MEAs to which their country is

party are implemented in specific zones

such as free trade zones.

Smuggling MethodsSmuggling Methods

The combined effect of increased regulation and effective enforcement creates an incentive for persons to engage in illegal trade of environmentally sensitive goods. Smuggling methods are employed in an effort to “beat the system.” It is essential that Customs Officers must be aware that smugglers of all kind attempt to utilize the same channels and methods

Smuggling MethodsSmuggling Methods

Abuse of Transit or Re-export

Procedures

Incorrect description of Goods

Concealment

Undeclared Quantities

Un-canalised Points of Entry

Abuse of Transit or Re-export ProceduresShips with “goods” intended for transit or re-export to another country sometimes find their way into the domestic market by way of internal conspiracies

Detection method:Inspection of cargo declarations and proper procedures for cargo accountability

Smuggling & Detection Smuggling & Detection MethodsMethods

Misdescription of GoodsIllegal Goods are deliberately misdescribed on documents and labels so that they enter the domestic market purporting to be legitimate goods

Detection Method:Physical inspection of high risk consignments and comparing documentation with goods


ConcealmentIllegal Goods are packed or concealed among legitimate goods in a manner to deceive the authorities.

Detection Method :Thorough inspection of cargo consignments selected for examination


Undeclared QuantitiesConsignments which may be permitted to enter may actually contain more items than declared resulting in excess quantities entering the domestic market.

Detection Method :Review invoices and compare quantities stated with actual quantities being imported


Un-canalised Points of EntrySmall vessels and other modes of transport ( aircraft or trucks where applicable) may utilise unofficial points of entry to smuggle illegal goods. Detection Method:Surveillance and patrols of vulnerable areas and known points of illegal activity. Law enforcement cooperation is vital


Reporting Cases of Illegal Reporting Cases of Illegal TrafficTraffic

in Environmentally Sensitive in Environmentally Sensitive ItemsItemsIn House Reporting

Follow the internal procedures for preparing and presenting reports to relevant persons within your administration. National ReportsAll cases of infringements should also be reported to the Designated National Authority, or Focal Point for their own records and to meet regional or international obligations.


in Environmentally Sensitive in Environmentally Sensitive ItemsItemsRegional Reporting

Customs Officials may also channel such reports to the CCLEC who serves as the Regional Intelligence Liaison Office (RILO) for the Caribbean Area. The CCLEC in turn forwards the information to the WCO or INTERPOL using their established methods.


in Environmentally Sensitive in Environmentally Sensitive ItemsItemsWCO enforcement instruments

- Global Information and Intelligence Strategy (GIIS) and Risk Assessment Indicators

- WCO Customs Enforcement Network (CEN) and Regional Intelligence Liaison Office

(RILO)network

Interpol’s Eco-message- Eco-message forms

Next StepsNext StepsTalk to colleaguesSeek more information about

multilateral environmental agreements

Follow developments in the MEAsProvide feedback to help develop

national policies and legislationProvide feedback to the national,

regional and international partners / network

ConclusionConclusion

Questions

Review

Link to Learning Activity # 3 on Free Circulation

MEAs Enforcement Training Workshop for Customs Officers and Border Control Personnel

Documents

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