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BMA OVERVIEW - AVIATION SECURITY SEMINAR 2016 15 September 2016 CONFIDENTIAL 1
BMA OVERVIEW - AVIATION SECURITY SEMINAR 2016
15 September 2016
CONFIDENTIAL 1
• To provide a brief update on the BMA establishment process
• Identify key issues for discussion in the aviation sector relating to the BMA
PURPOSE
CONFIDENTIAL 2
MANDATE
3
1. 3 June 2009
In the State of the Nation Address: President JG Zuma stated that government “will
start the process of setting up a Border Management Agency” in South Africa
2. 26 June 2013
Cabinet resolved:
a) To establish a BMA that would include the ceding of functions from relevant organs
of state
b) Implementation steps
c) DHA designated as the lead department for the BMA
3. 10 December 2014
Cabinet endorsed:
a) BMA Vision
b) Key priorities for the Transitional Period (2015-2016)
c) DHA to assume the lead agency role for the BCOCC
d) BMA should be established by December 2016
4. 23 September 2015
Cabinet endorsed:
a) That the draft BMA Bill, 2015 should be introduced into Parliament
POLITICAL MANDATE
CONFIDENTIAL 4
UNDERSTANDING OF BORDER MANAGEMENT
• Immigration service
• Specialised law enforcement / intelligence agencies Immigration Control
• Custom control and VAT services
• Customs law enforcement Customs Control
• Armed forces (army, navy, air force)
• Specialised law enforcement / intelligence agencies Border Safeguarding &
Surveillance
• Plant health & phyto-sanitary inspection service
• Plant quarantine service Inspection of Plants and Plant
Products
• Cross-border policing & law enforcement Border Policing
• Veterinary , animal, fish & food inspection service
• Quarantine service Inspection of Animals, Fish, Animal Products & Foodstuff
• Public health & sanitary inspection service
• Quarantine service Human Health Inspection
Experience has showed that typically internationally, and in South Africa, border management comprises of the following specific functions:
CONFIDENTIAL 5
INFRASTRUCTURE DEVELOPMENT AND MAINTENANCE
GLOBAL AND AFRICAN CONTEXT DRIVING BORDER
CHALLENGES
6
HUMANITARIAN & SECURE BORDER MANAGEMENT IS
A GLOBAL CHALLENGE
7
“Across the globe, insecure borders enable the trafficking of drugs, weapons, contraband, terrorist funding, materials related to weapons of mass destruction, conflict minerals, wildlife and people.” Ban Ki
Moon, 2012
Globalisation has heightened the challenges of border management for sovereign states
globally
BORDER MANAGEMENT CHALLENGES
8
Globally, there were 232 million
international migrants in 2013
Women account for 55-60 % of all trafficking victims
detected globally and women and girls together
account for 75 %.
Over 500 million maritime containers move around the world each year, accounting
for 90 % of international trade, only 2% are inspected
MEDITERRANEAN REFUGEE CRISIS IS A GLOBAL CRISIS
9
This is the single largest movement of people since WWII with profound
border management implications
CHALLENGES RELATED TO PUBLIC HEALTH, NATURAL
RESOURCES, INSECURITY, INFRASTRUTURE AND INSTABILITY ON THE CONTINENT
AFFECT SOUTH AFRICA
10
Some Border Management
Drivers
In Africa, about half of the increase in the migrant stock
during 2010-2013 was the result of the movement of
migrants from Northern Africa to Eastern Africa
Migration flows
State of Infrastructure
Natural Resource
Belts
Disease Hotspots
Piracy areas
KEY CHALLENGES IN THE BORDER ENVIRONMENT
11
HUMAN MOVEMENT TRENDS
12
Modality Top 10 Ports of Entry (PoEs) – total movement 2013
% of total movement
Land 22 695 152 59.4%
Air 9 414 474 24.6%
Total 32 741 929 38 197 633
Total all PoEs 38 197 633 84.0%
a) The number of people entering and leaving SA is increasing annually.
b) The largest volumes of human movement are through land Ports of Entry (PoEs).
c) 10 PoEs account for 84% of all human movement.
d) The high movement flows and congestion at the land ports of entry is mainly an outcome of economic migration in the SADC region.
GOODS MOVEMENT
13
Modality Top 10 – revenue collection 2013/14
% of revenue collection 2013/14
Top 10 – total export value
2013/14
% of total export value
2013/14
Sea R 98 780 074 239 67% R 436 538 360 689 36%
Air R 28 213 085 623 19% R 357 720 538 163 30%
Land R 2 049 184 090 1% R 150 152 740 145 13%
Total 10 R 129 042 343 952
87% R 944 411 638 997 79%
Total All R 147 927 112 519
R1 199 190 967 192
Over two-thirds of all revenue collected at PoEs comes from maritime/ sea PoEs.
• Pre-1994 the management of the borders was highly securitised and militarised under
the apartheid military and police.
• Post-1994, under the democratic government, border management was demilitarised
to include functions such as immigration control, customs and phyto-sanitary
inspections.
KEY ISSUES ON THE SOUTH AFRICAN BORDER
14
LAND BORDER 1. South Africa has a land border of some 4 471 km which it shares with six
neighbouring countries, namely Mozambique, Zimbabwe, Botswana, Namibia, Lesotho and Swaziland.
2. The borderline with Mozambique and Swaziland is dominated by the Lebombo Mountain Range, some 800 km long.
3. The geographic implications of South Africa’s land border environment are that border protection and border control activities are required to be conducted in a variety of environments ranging from mountain to semi-desert.
PORTS OF ENTRY IN SOUTH AFRICA
15
OVERVIEW OF PORT OF ENTRY CHALLENGES
16
SOUTH AFRICA HAS LIMITED CAPABILITY TO MONITOR
THE ENTIRE AIRSPACE OF THE COUNTRY
Large parts of SA airspace is vulnerable to
illegal airspace movement
17
South Africa has approximately 1.2 million km2 of air space. This excludes the airspace above the ocean over which South Africa has jurisdiction. South Africa exercises civilian air traffic control over this area and by international agreement performs control functions into wider areas including the South Atlantic, Indian and Southern Ocean. This wider area approximates to some 20 million km2.
MANAGEMENT OF AIR FIELDS AND CIVILIAN AIRCRAFT
18
There are currently 1252 known smaller air fields and an estimated 418 unidentified airfields. Currently 150
smaller airfields are registered with the Civil Aviation Authority. There are approximately 181 smaller airfields located within 10km of an international borderline. There are approximately 11680 registered civilian aircraft in South Africa. This number grows by approximately 200 new registrations per year.
The capability of the State to monitor small airfields and
civilian aircraft has border
control implications
KEY CHALLENGES OF AIRSPACE BORDER CONTROL
19
i. Airspace is ignored when discussing border control.
ii. Airspace radar coverage is a combined responsibility of Air Traffic and Navigation Services and South African Air Force.
iii. South Africa has limited low-level primary radar coverage - leads to undetected or uncontrolled movement of small to medium aircraft.
iv. The growing trend to move narcotics, illegal weapons, illegally mined minerals, wild life and stolen high-value goods by air, makes this a matter that needs to be looked at closely.
v. Inability to monitor such movements exposes it to severe security threats.
Key challenges include: airspace monitoring; air traffic
control; appropriate & registered landing facilities and flight
training centres; and insider threats - officials from various stakeholders colluding
with criminal elements to commit fraud, theft, and other
illegal activities.
EXTENT OF THE MARITIME BORDER
ENVIRONMENT
20
South Africa is a nation bordered by the ocean on three sides – to the west, south and east.
The South African Navy calculates SA’s coastline as being approximately 3 924 km .
This includes SA’s sovereign possessions of Prince Edward and Marion Islands.
CHALLENGES FACING SEA PORTS OF ENTRY
21
The current operational challenges faced by sea ports of entry are:
a) Vessel management and control: In many instances Port Control does not manage all vessels. Yachts and non-ISPS code compliant vessels are not required to provide pre-arrival information. Such vessels are also not required to have an AIS transponder. Accordingly not all vessels supply pre-arrival information and the electronic tracking of small vessels is absent.
b) ICT infrastructure: A key challenge is that CCTV and data resources are not shared between stakeholders. The old customs / movement control system application is only available off-line.
c) Physical layout and security: The port environment is very complex and security is often privately contracted. In many instances DHA and Customs are located off site. Biometric systems are used in a limited manner. The passenger-liner berthing process is unsatisfactory and has a number of risks.
d) HR capacity: Limited DHA and SARS capacity is a challenge. This is even more of a problem for officials from the Department of Health (DoH) and the Department of Agriculture, Forestry and Fisheries (DAFF).
e) Business processes: Compared to many land and air ports of entry, the immigration and customs processes within the maritime border environment are informal and ad hoc. Generally processes are reactive and not proactive and lack standardisation.
RESTRICTED
FREE STATE/LESOTHO: 445 Km
KZN/MOZ: 76 Km
RSA/ZIM: 214 Km
RSA/MOZ: 417 Km
TOTAL LAND BORDER: 4,471 Km
ORIENTATION: RSA LAND BORDERS
KZN/LESOTHO: 232 Km
EC/LESOTHO: 247 Km
KZN/SWAZILAND: 137 Km
MPU/SWAZILAND: 290 Km
RSA/BOT: 1516 Km
RSA/NAM: 897 Km
22
KEY CHALLENGES & RISKS FACING
LAND BORDERS KEY RISKS AND CHALLENGES
a) Vehicle theft and smuggling b) Smuggling of dagga and other
narcotics c) Stock theft and smuggling d) Proliferation of small arms e) Illegal grazing and movement of
animal f) Illegal crossing of people g) Wood theft and theft of protected
plants h) Attacks on tourists i) Assaults j) Traffic violation/ offenses k) Robberies l) Theft m) Burglaries n) Rape o) Human trafficking
KEY RISKS AND CHALLENGES
a) Possession of dangerous weapons and un-licensed firearms and ammunition
b) Violent border crossings (Physical attacks on SANDF members
c) Possession and dealing in illicit gold, diamonds and other precious metals
d) Farm attacks e) Arson f) Illegal fishing g) Illegal import and export of goods h) Fence cutting and theft of fencing
material i) Limited static airspace & maritime
surveillance & coverage j) Environmental crimes
23
BORDER FENCES AND PATROL ROADS
Public Works is currently pursuing three large patrol road and fencing projects in the border environment: a) The construction of a 500km
patrol road along the Lesotho/Free State border. This patrol road will be expensive to construct given the topography of the region.
b) The rehabilitation and/or construction of fencing and patrol roads on the Mozambique/Swaziland/ Mpumalanga border.
c) The rehabilitation and/or construction of fencing and patrol roads on the Zimbabwe/Botswana/Limpopo border.
24
NON-DESIGNATED BORDER CROSSINGS
25
1. Estimates of the number of non-designated / informal border crossings range from 35 upwards.
2. Example: Gate 6 is situated along the borderline between SA and Mozambique. It has a V-shaped cattle gate and a barb-wire fence that extends from the cattle gate in either direction. People from SA and Mozambique currently pass through this gate in both directions. Most people, if not all, do not have a passport. However many have some form of identification. On the Mozambican side, a trader’s market opens each Wednesday and Saturday. Both Mozambicans and SA citizens trade here on those days. The SANDF has soldiers permanently stationed at Gate 6. The Department of Agriculture has a small house / building adjacent to Gate 6
580 Poachers and 190 guns entered KNP last month …Massingir alone produced 300 poachers and 100 guns
Chiqualquala
MASSINGIR
Coromane
Macandezulu B
Cubo
Honguane
Mapulanguene
Magude
“They drove into the market place with hazard lights flashing, horns blowing, and waving out of the windows. They stopped, opened the car boot, played load music, and danced a bloody bag with horns to the dealer sipping a drink at a table… …then they bought a large part of the crowd in the spaza a beer.”
M. Renke, KNP Ranger
visiting Massingir for LNP cross training. Aug 14
4 National - Exporter
3 National – Couriers / Buyers / Facilitators
5 International
Consumer
(Kingpin)
1 (Poacher) & 2 (Receive / Courier)
Illegal activities on local level
RHINO POACHING IS ALSO A BORDER CONTROL PROBLEM WITH LOCAL AND GLOBAL DIMESIONS
It is estimated that 1175
rhinos were poached in SA
2015
SEVEN TRANSFRONTIER CONSERVATION NATIONAL PARKS
CONFIDENTIAL 27
The Department of Environmental Affairs (DEA) currently regulates, monitors and controls the cross-border movement of tourists, indigenous plants and animals and hazardous and dangerous materials within the transfrontier conservation areas. SANPARKS has 350 field rangers of which 40% have motorised transport capabilities. There are 10 dog teams. SANPARKS has limited air wing capability.
CROSS-BORDER COMMUNITIES PRESENT A BORDER MANAGEMENT CHALLENGE
28
Another challenge is cross-border communities . These communities comprise common kinship structures. In many instances communities have been artificially divided by borderlines. The communities themselves have continued their ties dating back many years. These communities are mostly located along the Lesotho, Swaziland, Mozambique and parts of the Botswana borderline.
Tshidilamolomo between SA and Botswana is one example. A pilot project is underway.
22/09/2016 Confidential 29
PONTDRIFT
MACADAMIA
NDUMO
SANDRIVER
KNELPOORTDAM
FOURIESBURG
MALUTI
MAHIKENG
VIOOLSDRIFT
Critical Geographical/Strategic
Gaps
MUSINA
MADIMBO
PONGOLA
ZONSTRAAL
4
3
2
1 Botswana border area between Mahikeng & Pontdrift
2 Northern Kruger National Park Area
3 Southern Swaziland border with Mpumalanga
4 Eastern Lesotho border with KZN
1
The SANDF has 13 companies securing the borderline, but a total of 22 are required.
BORDER CONTROL SUCCESSES AND CHALLENGES IN THE LAND BORDER
30
Financial year
Illegal foreigners
apprehended
Weapons recovered
Stock recovered
Vehicles recovered
Criminals arrested
Contraband (Rm)
2010/2011 20 107 11 76 22 403 63,7
2011/2012 15 904 19 1 373 61 414 21,3
2012/2013 21 835 46 3 262 102 763 24,7
2013/2014 21 631 35 2 332 82 461 34,4
2014/2015 18 098 47 1 407 116 496 52,3
The above successes indicate the challenges of border control and law enforcement in the land border environment.
FRAGMENTED MANAGEMENT OF THE
BORDER ENVIRONMENT
31
HISTORY AND FAILURE OF FRAGMENTED BORDER MANAGEMENT
32
a) Since 1994 SA made gallant strides in demilitarising and deracialising the management of the country’s borders by introducing various capabilities to give effect to border management.
b) The consequence of establishing these various organs of state, e.g. immigration control, customs control, border policing etc., resulted in the emergence of a silo approach to border control, border law enforcement and border protection.
c) Various structures were subsequently put in place to attempt to coordinate the mandates and actions of these distinct organs of state in the border environment:
Border Affairs Committee Coordinating Committee (1996)
National Inter-Departmental Structure (NIDS) (1997)
Border Control Operational Coordinating Committee (BCOCC) (2001)
Inter-Agency Clearing Forum (IACF) (2010)
d) From at least the mid-2000 various studies and reports have pointed to the failure of these structures to address the systemic and structural problems of coordination model associated with fragmented border management.
e) It is against this background that Cabinet decided on the 26th of June 2013 Cabinet resolved to establish a Border Management Agency (BMA) in South Africa under an integrated approach
KEY FEATURES OF FRAGMENTED BORDER MANAGEMENT APPROACH
33
1. About 8891 state officials from at least 5 organs of state (DHA, SARS, DAFF, SAPS, DoH) are working at the country’s 72 Ports of Entry,
a) With different conditions of service and remuneration;
b) Implementing distinct Departmental mandates in at least 58 pieces of legislation;
c) With competing priorities and deliverables;
d) Having dissimilar tools of trade and equipment;
e) With some systems that are not automated, e.g. DOH and DAFF;
f) Engaging in limited sharing of information; and
g) Lacking a single management, command and control structure.
KEY FEATURES OF FRAGMENTED BORDER MANAGEMENT APPROACH
34
2. The consequences of the above fragmentation are:
a) Non-aligned and often poor service delivery ;
b) Ineffective facilitation of the movement of persons and goods (unnecessary delays and cost to clients)
c) Compromised joint efforts and outcomes resulting from different risk management tools and approaches;
d) The ineffective utilisaton of public resources due to limited information sharing;
e) Inability to enforce a standard approach in dealing with border law enforcement transgressions;
f) A higher volume of Illegal goods entering the country;
g) Corruption and organised crime thriving in a fragmented management environment
h) An increase of undocumented foreign nationals within the country; and
i) Silo-ism with agencies focusing on their own mandates.
TRAJECTORY OF BORDER MANAGEMENT IN SOUTH AFRICA
Pre-1994: • Exclusionary &
race-based border control
• Militaristic • Sanctions
busting • Restrictive
land Port of Entry designs
1994-2016: • Conventional
border control • Silo-based border
management • Progressive
immigration system
• Trade facilitation
2017 and Beyond: • Balancing security,
development & human rights • Single Integrated Border
Entity • Demilitarisation • Equitable global trade • Greater African & regional
integration
SOUTH AFRICAN GOVERNMENT’S RESPONSE TO
BORDER MANAGEMENT CHALLENGES
36
1. 3 June 2009
In the State of the Nation Address: President JG Zuma stated that government “will
start the process of setting up a Border Management Agency” in South Africa
2. 26 June 2013
Cabinet resolved:
a) To establish a BMA that would include the ceding of functions from relevant organs
of state
b) Implementation steps
c) Department of Home Affairs (DHA) designated as the lead department for the BMA
3. 10 December 2014
Cabinet endorsed:
a) BMA Vision
b) Key priorities for the Transitional Period (2015-2016)
c) BMA should be established by December 2016
4. 23 September 2015
Cabinet endorsed:
a) That the BMA Bill, 2015 should be introduced into Parliament
KEY GOVERNMENT DECISIONS
37
INTERNATIONAL BENCHMARKING ON BORDER
MANAGEMENT AGENCIES
38
THE BMA MUST SERVE SOUTH
AFRICA’S NATIONAL INTERESTS
& FULFIL ITS AFRICAN &
INTERNATIONAL OBLIGATIONS
39
1. BMA will be outcomes focused: Balance
facilitation of legitimate trade and travel functions,
while simultaneously addressing security risks
2. BMA will be established as a single body
3. BMA will assume control of Ports of Entry and
borderline functions
4. Establishment of a National Border Risk
Management and Targeting Centre
5. BMA will continue current service delivery
improvement initiatives
6. BMA will assume operational responsibility for
Port of Entry infrastructure and maintenance:
7. BMA will establish its own organisational culture,
identity and conditions of service
BMA VISION
40
1. BMA Vision
2. Integrated Border Management approach
3. Basket of key functions will be transferred / ceded to the BMA
4. BMA is an Implementation Agency
5. Policy mandates will remain with principal organs of state
6. BMA will assume full command and control over Ports of Entry and border law enforcement areas
7. Complementarity between Defence’s Constitutional function of ensuring the sovereignty and territorial integrity of the Republic and the BMA’s law enforcement functions
41
KEY PRINCIPLES OF BMA LEGISLATION
42
OVERVIEW OF ENVISAGED BMA
BMA
National Public Entity
Jurisdiction: Ports of Entry &
Border Law Enforcement
Area
Functions: border law
enforcement
Implement 58 pieces of legislation
Armed Service in terms of
S199 Constitution
Border Guard
Commission-er: CEO &
Commander
National Targeting
Centre
Legal Form & Status
Geographical Jurisdiction
Primary Mandate
Legal Implementation
Functions
Constitution allows for an armed service
Intelligence-driven
organisation
Head of BMA
Provision to limit rights
UPDATE ON KEY BMA INITIATIVES TO DATE
CONFIDENTIAL 43
PROGRESS TOWARDS THE ESTABLISHMENT OF THE BMA
1. Multi-Party Agreement on border management in the transition period has been finalised. 16 out of 22 Departments have signed.
2. A BCOCC Review was finalised in April 2015.
3. A BMA Business Case was finalised in September 2015 and was submitted to National Treasury.
4. Operation Pyramid, which focusses on the improved management of the borderline environment in the transition period, was launched on 19 June 2015.
5. Four BMA pilot sites identified: King Shaka International Airport; Port of Entry Control Centre (PECC) in the Port of Cape Town; Skilpadshek; and Kruger National Park.
6. A BMA Expenditure Performance Review was finalised in September 2015.
7. A Socio-Economic Impact Assessment for the BMA Bill, 2015 was completed.
8. Draft “Integrated Border Management Strategy for South Africa” prepared in June 2016.
9. Cabinet approved a BMA Bill, 2015 on the 23rd of September 2015 for introduction to Parliament. The BMA Bill has been submitted to Parliament in May 2016.
44 CONFIDENTIAL
45
The PECC represents a crucial national symbol and
commitment by government to execute an integrated border management approach that
serves the national interests of the country, while working
towards a stable continent in a just and equitable world order.
PORT OF ENTRY CONTROL CENTRE (PECC) (EST. MAY 2014)
BENEFITS
a) Improved communication and
information flow amongst the
departments
b) Very good success rate during
Joint Operations
c) Collaboration amongst the
various departments
d) Physical security in the building
is 24hours
e) Joint Operations Planning
regular meetings with various
departments
EARLY LESSONS FOR THE INTEGRATED BORDER MANAGEMENT
46
CHALLENGES
a) Management of
the PECC not
stabilised
b) Full participation
and deployment
to the Control
Monitoring
Centre
c) Key SOPs and
Directives not
finalised
MULTI-PARTY AGREEMENT
CONFIDENTIAL 47
PURPOSE To provide a transitional mechanism, pending the coming into operation of legislation formally establishing the Border Management Agency, to facilitate the secure, efficient, effective and enhanced coordination and management of South African Ports of Entry and the Borderline environment in support of the integrated border management approach
KEY SECTIONS 1. Cooperative Governance
2. Approach to Coordination & Management of the Border Environment
3. Revised Institutional Arrangements:
4. Escalation Protocol
5. BMA Pilot Sites
6. Operation Pyramid
7. NBMCC
8. Departmental Secondments and/or Dedicated Officials
9. Critical Success Factors
10. Financial Arrangements
11. Infrastructure Development
12. Dispute Resolution
Parties: 22 Departments
15 have signed to
date
DEPARTMENTAL / AGENCY PARTICIPATION IN NATIONAL BMA: PMO TASK TEAMS
CONFIDENTIAL 48
“All parties shall formally designate and delegate appropriate officials from their organisations to effectively participate in the designated BMA: PMO Task Teams….
The Chairpersons of the designated Task Teams shall be nominated from participating Departments / Agencies…”
The purpose the launch of Operation was to
announce the start of an on-going initiative in
the borderline environment that seeks to
improve the overall coordination and
cooperation between government and civil
society partners to better secure the land, air
and maritime borderline.
Progress Report 49
OPERATION PYRAMID LAUNCH: JUNE
2015
Skukuza is the launch site. The KNP is a strategic borderline priority area.
OPERATION PYRAMID:“ENHANCING BORDERLINE CONTROL
AND COORDINATION IN THE TRANSITION PERIOD”
Full Roll-out of
Operation Corona
Improved Air Space
Surveillance & Operations
Integrated Borderline
Control Strategy
Improved Maritime
Surveillance & Joint
Operations
Targeted Fencing, Patrol
Roads, Land Surveillance &
Joint Operations
Transfrontier National
Park Areas Initiative
Authorised Border
Crossing Points
Operation Phakisa - Maritime
Border Control
Border Communities Development Programme
Approach: i. Front-line / visible initiatives ii. Improved risk targeting of
existing capabilities iii. Increased border community
participation & development iv. Flexible borderline spatial
targeting v. Establish Joint Permanent
Commissions with neighbouring countries & Municipal twinning arrangements
vi. Learn lessons for BMA’s involvement in the borderline
Operation Pyramid
Technology Focus
Infrastructure Focus
Community Focus
Environmental / Economic Focus
Law Enforcement Focus
Intelligence Driven operations Focus
Bilateral & Multilateral
Focus
50 CONFIDENTIAL
BMA PILOT SITES INITIATIVE
51
VISION
The vision for the BMA pilot sites is to operate a world class service delivery and intelligence-driven, coordinated and
joint command structure to enhance cooperative interaction and manage inter-agency activities and operations within
the border environment.
OPERATIONAL CONCEPT 1. Integrated Client Service & Risk Management Approach
2. Integrated Work Processes & Common Work Areas
3. Physical Accommodation of Operational Departments
4. Human Resources and Deployments
5. General Resourcing and Funding
6. Command and Control
7. Escalation Protocol
8. Integrated Planning
9. Uniform Corporate Government Branding
10. Change Management, Staff Training and Readiness
11. Operational Instruction
PILOT SITES
1. Skilpadshek Land POE
2. King Shaka International POE
3. Port of Entry Control Centre (Port of CT)
4. Kruger National Park (Land Border Line)
Main purpose is to learn lessons for the BMA
CONFIDENTIAL
BMA BILL
UPDATE
CONFIDENTIAL 52
VISION OF THE BMA BILL
53 CONFIDENTIAL
Staff
Resources
Law
Systems
Organisation Jurisdiction Outcomes
Functions a) Socio-economic
development; b) Effective and efficient
border law enforcement;
c) Legitimate trade and secure travel;
d) Prevention of smuggling and trafficking of human beings and goods;
e) Prevent illegal cross-border movement;
f) Protection of the environmental and natural resources; and
g) Protect from harmful and infectious diseases, pests and substances.
• 72 Ports of Entry • Land and
Maritime border line
• Implementation of integrated basket of border law enforcement functions
Border Management Authority
OVERVIEW OF DRAFT BMA BILL, 2016
CONFIDENTIAL 54
CHAPTER 1
DEFINITIONS, APPLICATION AND OBJECT
1. Definitions
2. Application of Act
3. Object of Act
CHAPTER 2
BORDER MANAGEMENT AUTHORITY
4. Establishment of Authority
5. Functions of Authority
6. Composition of Authority
CHAPTER 3
COMMISSIONER
7. Appointment of Commissioner
8. Terms of office of Commissioner
9. Removal of Commissioner from office
10. Conditions of service and remuneration of
Commissioner
11. Functions of Commissioner
12. Delegation by Commissioner
CHAPTER 4
APPOINTMENT AND FUNCTIONS OF OFFICIALS
13. Appointment of officials
14. Commissioned officers
15.Duties, functions and powers of officers of border
guard
CHAPTER 5
EMPLOYMENT TERMS AND CONDITIONS OF
OFFICIALS
16. Terms and conditions of employment
17. Limitation of rights of officers
CHAPTER 6
POWERS OF ENTRY, SEARCH AND SEIZURE
18. Powers of entry, search and seizure with warrant
19. Powers of entry, search and seizure without warrant
20. Routine searches and seizures
21. Powers relating to vessels within maritime borders
22. Detained or arrested persons and seized goods
OVERVIEW OF REVISED DRAFT BMA BILL, 2016
CONFIDENTIAL 55
CHAPTER 7
FUNDS AND IMMOVABLE PROPERTY
23. Funds of Authority
24. Immovable property
CHAPTER 8
COMMITTEES AND IMPLEMENTATION
PROTOCOLS
25. Inter-Ministerial Consultative Committee
26. Border Technical Committee
27. Advisory committees
28. Implementation protocols
CHAPTER 9
GENERAL
29.Delegation by Minister
30.Review and appeal
31.Designation or determination of ports, points and
places of entry
32.Reporting
33.Exemption from payment of fees or tolls
34.Confidentiality
35.Liability
36.Offences and penalties
37. Regulations
CHAPTER 10
TRANSITIONAL PROVISIONS
38. Transfer of employees from organ of state to Authority
39. Transfer of assets, liabilities and funds
40. Ports, points and places of entry
41. Recognised trade unions
CHAPTER 11
SHORT TITLE AND COMMENCEMENT
42. Short title and commencement
1. Potential for more cost effective services
2. A formalised relationship between the BMA and relevant organs of state
to enhance security and management of the border environment
3. Improvement in shared information, risk profiling and mitigation
and enforcement to create an integrated border environment picture
4. A focussed approach to the optimisation of Port of Entry operations
and processes to enhance efficiencies through maximum compliance
and minimum administrative costs and delays
INTENDED BENEFITS FOR THE MANAGEMENT OF PORTS OF ENTRY AND BORDER LAW ENFORCEMENT AREAS
CONFIDENTIAL 56
5. Effective utilisation of financial, human, infrastructure and
accommodation resources in the implementation of border management
functions at a Port of Entry as an agent for multiple border management
authorities
6. Improved sterility and integrity of Port of Entry and border law
enforcement areas and processes.
7. Improvement in management, discipline and transparency with a single line of
sight authority at a Port of Entry within a larger command and control
organizational environment
8. Creation of customer service efficiencies through streamlined, integrated
operations at the Ports of Entry
INTENDED BENEFITS FOR THE MANAGEMENT OF PORTS OF ENTRY AND BORDER LAW ENFORCEMENT AREAS
CONFIDENTIAL 57
IMPLICATIONS FOR AVIATION BORDER
MANAGEMENT
CONFIDENTIAL 58
BORDER MANAGEMENT AND THE AVIATION SECTOR
CONFIDENTIAL 59
ISSUES KEY QUESTIONS
A. National Border Risk Management & Targeting Centre (NBMTC)
1. What are the general expectations of the Aviation Sector to improve overall aviation border security?
2. How can key aviation stakeholders support the establishment of the NBMTC?
B. Securing South Africa’s Airspace
3. How do we improve the capability of relevant organs of state to execute their mandated roles and responsibilities in securing the country’s airspace?
4. Where and what are the crucial vulnerabilities in the country’s airspace and how can they be addressed?
5. What specific role should the BMA perform in securing SA’s airspace?
C. Facilitation of People & Travellers
6. How do we balance the policy imperatives of efficient and secure international air travel for people?
7. What should be retained, improved or discarded in improving the facilitation of international travellers?
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ISSUES KEY QUESTIONS
C. Facilitation of Goods & Cargo
6. How do we balance the policy imperatives of efficient and secure cross-border movement of cargo and goods?
7. What should be retained, improved or discarded in improving the facilitation of the cross-border movement of cargo and goods?
D. Sterility of Aviation Ports of Entry and the Border Law Enforcement Area
8. How do we define the exact geographical jurisdiction of the aviation Ports of Entry?
9. How do we improve the security of the general border law enforcement area around international airports?
10. How do we define the optimal exclusive and concurrent operational roles and responsibilities between all relevant organs of state at international airports and the surrounding border law enforcement areas?
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ISSUES KEY QUESTIONS
E. Infrastructure Requirements for the BMA
11. The BMA Bill makes it mandatory for landlords of international airports to make reasonable accommodation available to the BMA: How do we develop a consensual set of norms and standards for BMA accommodation and infrastructure requirements at international airports?
F. Stakeholder Management 12. How do prepare aviation industry stakeholders for the BMA and its impact of integrated border management in the aviation sector?
13. How do we sustain and ensure support from aviation stakeholders for the BMA to ensure a win-win collaborative relationship?
G. How do we tackle corruption in the aviation sector as it relates to border management?
14. What should be included in an aviation anti-corruption border management strategy?
15. What quick wins can be implemented to address corruption at international airports?
South Africa requires a bold integrated approach to border management
after 20 years of democracy.
South Africa’s policy priorities related to safe and legitimate human
movement, movement of goods and cargo, the rights of migrants,
national security, the country’s national interests, fair trade facilitation,
environmental protection, biodiversity imperatives and global and
domestic development goals must be balanced.
CONCLUSION
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Merci
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Elroy Africa (BMA: Project Manager) • Office: +27 12 432 6631 • Email:
