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PRESENTATION TO THE PORTFOLIO COMMITTEE ON SAFETY & SECURITY

28 May 2008

BORDER CONTROL OPERATIONAL COORDINATING COMMITTEE

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Contents

1. Historical Background2. Legal Framework3. BCOCC Mandate 4. Achievements since 1st April 2007 5. Challenges6. Lead Agency concept7. Lead Agency role8. National Integrated Border Management Strategy (NIBMS)

– Introduction– Strategic Objectives– Key Strategic Elements– Standard Operating Procedures

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Historical Background

The National Inter-departmental Structure on Border Control (NIDS)

• In 1997 Cabinet established NIDS in order to facilitate the emergence of a unified governance structure for border control.

• It was meant to have a 5 year lifespan and its final task would be to recommend a permanent, unified governance structure for border control.

• During the NIDS days the SAPS was Lead Agency at borders.

• NIDS failed to come up with a Border Control & Security Strategy • In 2001 NIDS died a natural death – without a single command driving a single

border strategy, it could go no further.

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Historical Background

The Border Control Operational Coordinating Committee (BCOCC)

• In 2002 Cabinet established the BCOCC, chaired by the Head: Border Police, a relatively junior position – reps for departments were also at junior levelb

• It reported to the Joint Operational & Intelligence Structure (JOINTS) – not a Committee of Directors-General

• In 2004 the Justice, Crime Prevention & Security (JCPS) Cluster conducted a review

• JCPS review recommended that: – DDG from Home Affairs should be the chair, not the Head: Border Police– Every department was expected to scale up it representatives to a DDG level– BCOCC should report to the JCPS, not the JOINTS

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Historical Background

The Border Control Operational Coordinating Committee (BCOCC)

• In 2005 Cabinet appointed DHA as chair of the BCOCC – at a DDG level • It still reported to the JOINTS – not the JCPS DG Cluster• Cabinet also appointed DHA as Lead Agency at Non-Commercial Ports and SARS

at Commercial Ports• In the beginning it functioned very well until there was change in leadership at DHA• The situation in DHA was not conducive to stabilising and growing the BCOCC. • BCOCC operations had been constrained – this was manifest in the non-delivery of

the National Border Control and Security Strategy

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Historical Background

The Border Control Operational Coordinating Committee (BCOCC)

• The JCPS DGs held a workshop on 20 October 2006 and resolved that:– The BCOCC was non-functional under DHA for obvious reasons– SARS assumes the position of Lead Agency at Ports of Entry and BCOCC chair with

immediate effect– The JOINTS leads a process of restructuring the BCOCC– The BCOCC should be a sub-committee of the JCPS cluster, not the JOINTS

• This decision was recommended to the JCPS Cabinet Committee which further recommended it to the January 2007 Cabinet Lekgotla

• Cabinet Lekgotla approved the recommendations

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The Border Control Operational Coordinating Committee (BCOCC)

• January 2007 – Cabinet Lekgotla decision:“Cabinet has decided to follow the international norm and ask the South African Revenue Service to co-ordinate the country’s border control work”

• Presidents State of the Nation Address:“Start the process of further modernising the systems of the South African Revenue Service, especially in respect of border control, and improve the work of the inter-departmental coordinating structures in this regard”

• 1st April 2007 – SARS assumes Lead Agency role

Historical Background

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Legal Framework

The BCOCC is regulated by:

• Chapter 3 of the Constitution of the Republic of South Africa– Cooperative Governance

• Section 4 of the Intergovernmental Relations Framework Act no. 13– Framework for managing programmes in the Public Service– A Single Public Service

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BCOCC Mandate

• Strategic & Operational coordination at Ports of Entry– Develop and implement National Integrated Border Management Strategy

(NIBMS). – Planning and acting within one framework, whilst retaining agency-specific

accountabilities. – Create a workable balance between security, trade, tourism and economic

development in the RSA and the SADC region.– Harmonise & implement legislation and policy, thereby improving legal flow of

persons and goods.– Advise policy makers on matters relating to Border Management.– Coordinate law enforcement operations at Ports of Entry in order to combat

illegal activities.– To mediate, cases of conflict or disagreement relating to Border Management

amongst agencies.

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Borderline Responsibility

• BCOCC: – Civilian structure– Port of Entry coordination– National Integrated Border Management Strategy– Strategic alignment between Port of Entry & Borderline

• JOINTS– Joint Military, Police & Intelligence structure– Territorial integrity & Sovereignty of RSA– Exit/Entry Strategy for land borderline – Apex of Priority– Acquisition of CRS radars and sensors for land, sea & air Borderline

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Achievements since 1st April 2007

• The development of the BCOCC Organisational Framework and Terms of Reference

• Establishment of the Joint Operations Command Centre (JOCC)• The appointment of a National; 9 Provincial and 32 Port Coordinators• The development of the National Integrated Border Management Strategy (NIBMS)• Signing of Bilateral Agreement on combined border posts: RSA – MOZ• Ongoing 2010 FIFA SWC coordination for Ports of Entry• Successful management of incident free December 2007 & Easter 2008

contingencies• Employee Wellness & Wellbeing Programme at Ports of Entry: Health; Employee

Assistance Programme and Sports & Recreation • A Programme Office has been established for implementation of the Strategy

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ChallengesStrategic Challenges

• Coordination of border management is voluntary in nature and supported by a non-directive BCOCC

• Officers lack culture of discipline and “esprit de corps”• Agencies’ change initiatives not anchored in a comprehensive strategy (e.g. CBCU,

NIB)• New IT systems not integrated and fully embedded; ops not intelligence-driven• Facilities’ Strategy not yet adopted• No integrated Anti-Corruption strategy• Emergence of transnational organised crime networks• Movement of Biological and Chemical war agents• Combined Borders: SADC Protocol, Lesotho Protocol, SADC-CU by 2010, OSBP, • 2010 FIFA SWC

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Challenges

Port of Entry Challenges

• Land Ports layout not conducive for the deployment of border control technology.• Search facilities not adequately monitored by surveillance systems.• Storage facilities for seized or detained goods are not adequate, secure or

monitored by surveillance cameras• Most Ports lack basic equipment.• Employee housing is a major challenge• Border management agencies have to rely on facilities that are provided by

landlords, e.g. ACSA, Transnet, DPW, etc.• At smaller privately operated international airports, border control systems are

limited.

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Challenges

Ports of Entry Challenges

• Different standards exist at the larger ACSA-owned international airports and the smaller privately operated international airports

• Restricted Areas: whilst controlled by ACSA, they have been sub-contracted to private security companies and no standard criteria are enforced

• Border Management Agencies not physically situated in the confines of the harbour area, except for the SAPS

• Seaports and shipping activity are difficult to secure because of the topography• There is understaffing across all departments at all port modalities

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Lead Agency concept

• In a co-operative border management environment the Lead Agency has the final responsibility and mandate to ensure proper and effective functioning of the Port of Entry

• The Lead Agency supported operationally by a stronger BCOCC represents a potential solution to the problem of fragmentation and ineffective co-ordination

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Lead Agency role

• Ensure the implementation of decisions relating to Border Management. • Co-ordinate planning cycle for port operations (e.g. port infrastructure, peak period

contingency plans).• Responsible for the port, in relation to:

– Joint Planning– Joint Execution– Joint Monitoring

• Establish formal procedures for response to contingencies and security alerts.• Implementation of formal co-operation agreements. • Implementation of the National Integrated Border Management Strategy.

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National Integrated Border Management Strategy

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Introduction

This is a collective inter-agency effort presenting, for the first time, a singleNational Integrated Border Management Strategy.

Integrated Border Management:

– Not modeled on US Homeland Security.– Planning and acting within one Legal and Policy framework whilst retaining

agency-specific accountabilities.– Regulate movement of people, animals, goods and conveyances.– Protecting facilities, transport modes and personnel at POEs, people and

goods in transit; and borderline patrols.– Balance between Security; Trade facilitation; promotion of Tourism; and

Economic Development in RSA and SADC Region.– Cooperation with Border Management counterparts in SADC.

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Strategic Objectives

In the next three years the BCOCC will:

• Implement a single National Integrated Border Management Strategy.

• Implement an integrated and responsive border control system.

• Create a National Border Management Coordination Mechanism.

• Establish a foundation that will achieve Government’s cross-cutting aims of border control, facilitation, fiscal, immigration and anti-crime controls.

• Put in place a border management operating model that will remain valid and relevant irrespective of future institutional choices.

• Inculcate a culture of cooperation and resource sharing.

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Key Strategic Elements

NIBM Program of Action:

1. Regulatory framework for the BCOCC.2. Establish a National Border Management Coordination Centre.3. Implement an Integrated Port Operating Model. 4. Develop a Land Ports of Entry Facility Strategy.5. SANDF/SAPS Border Exit and Entry Strategy. 6. Enhance Border Communication, Reconnaissance and Surveillance (CRS)

sensors.7. Introduce an Integrated Human Resources Strategy.

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Key Strategic Elements

NIBM Program of Action:

8. Integrated Anti-Corruption Strategy.9. Traffic Control and flow management.10. Strengthening Regional Cooperation and Coordination.11. Human Trafficking and People Smuggling.12. Illegal Drugs Trade and Trafficking.13. Regulation of Controlled goods.14. Contagious Disease Control.15. Veterinary Control.16. One-Stop Border Post.17. 2010 FIFA SWC.

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Standard Operating Procedures

SOPs will cover:

• Legislative Mandate and Role clarification• Customs Control Area

– Other agencies’ Jurisdiction in the Area• Joint Operations

– Joint Profiling– Joint use of Scanners– Joint Searches

• Detention• Primary & secondary inspections• Handover Mechanisms• Communication & Media Relations

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THANK YOU