Transcript The practical aspects of implementing MEA controls

MEAs Enforcement Training Workshop
for Customs Officers and Border Control
Personnel
THE PRACTICAL ASPECTS OF
IMPLEMENTING MEA CONTROLS
THE ROLE OF CUSTOMS
Introduction
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 implementing
one treaty might resemble those
encountered in implementing other treaties.
Unit 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 Outline
1.
Introduction
2.
Common Issues in Implementing MEAs
3.
Smuggling Techniques encountered
4.
Reporting Channels
5.
Conclusion
Common MEA issues for Customs
Health and safety
 Seizures and storage
 Communication
 Identification
 Legislation
 Derogations
 Non-Parties
 Free trade zones

Health and Safety
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 Safety
Do’s
 Assess the situation

Try to identify the
substance only with
information provided

Secure the scene

Report incident to the
appropriate authority
Don’t’s
 Take any action unless you
have been trained in
handling potentially
dangerous goods.
 Enter confined spaces
 Open trailers or trucks
 Open drums or other
containers
 Presume the exact
contents of the cargo
based on label
 Destroy evidence
Seizures and Storage
Most 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 Storage

All 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
Communication
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.
Identification
Customs 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
Legislation
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.
Derogations
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-Parties
Most 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 transboundary movements of LMOs between Parties
and non-Parties to be consistent with the
objective of the Protocol.
Free 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 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 Methods

Abuse of Transit or Re-export
Procedures

Incorrect description of Goods

Concealment

Undeclared Quantities

Un-canalised Points of Entry
Smuggling & Detection Methods
Abuse of Transit or Re-export Procedures

Ships 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 Methods
Misdescription of Goods
 Illegal 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
Smuggling & Detection Methods
Concealment
 Illegal 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
Smuggling & Detection Methods
Undeclared Quantities
 Consignments 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
Smuggling & Detection Methods
Un-canalised Points of Entry
 Small 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 Traffic
in Environmentally Sensitive Items
In House Reporting
Follow the internal procedures for preparing and
presenting reports to relevant persons within your
administration.
National Reports
All 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.
Reporting Cases of Illegal Traffic
in Environmentally Sensitive Items
Regional 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.
Reporting Cases of Illegal Traffic
in Environmentally Sensitive Items

WCO 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 Steps
Talk to colleagues
 Seek more information about multilateral
environmental agreements
 Follow developments in the MEAs
 Provide feedback to help develop national
policies and legislation
 Provide feedback to the national, regional
and international partners / network

Conclusion
Questions
Review
Link to Learning Activity # 3
on Free Circulation