Unit 1Unit 1Overview of MEAs and Border Overview of MEAs and Border
ControlControl
MEAs Enforcement Workshopfor Customs Officers and Border Control
Personnel
IntroductionIntroductionThis module provides an overview of the
MEAs and the role of customs officers and other border control personnel in the enforcement of the provisions contained in MEAs.
It stresses the role and responsibility of the state in dealing with environmentally sensitive goods particularly in the context of protecting society.
ObjectivesObjectives1. Identify the main MEAs which impact
on the Caribbean region.2. Specify the roles and responsibilities of
customs and border control personnel in enforcing the MEAs
3. Discuss the challenges involved in enforcing the MEAs
4. Emphasize the need for national, regional and international collaboration in implementing the MEAs
Outline Outline 1. Introduction
2. Understanding the MEAs
3. Role of Customs
4. Challenges
5. National / Regional / International
Collaboration
6. Conclusion
Understanding the MEAs Understanding the MEAs
Scope of MEAs
Legal Provisions
Detection Methods
Health & Safety
Detention and Disposal
Inter Agency Cooperation
Reporting & Feedback
Understanding the MEAsUnderstanding the MEAsMultilateral Environmental Agreements relating to:
Basel Convention – Trans boundary movements of Hazardous
Wastes and their Disposal
Rotterdam Convention - Certain Hazardous Chemicals and
Pesticides
Stockholm - Persistent Organic Pollutants
Montreal Protocol -Substances that Deplete the Ozone Layer
Cartagena Protocol on Biosafety to the Convention on
Biological Diversity
CITES –Trade in Endangered Species of Wild Fauna and Flora
Signatories and Parties to an Signatories and Parties to an MEAMEA
According to The Vienna Convention on the Law of Treaties: When a country becomes a signatory to a treaty, it declares its intention to make the terms of the treaty legally binding on itself, but the act itself does not make that act binding.
When a country ratifies a treaty, it makes the terms of the treaty legally binding and is considered as a Party, once the treaty’s requirements for entry into force are met.
"ratification", "acceptance", "approval" and "accession" mean in each case the international act so named whereby a State establishes on the international plane its consent to be bound by a treaty
Responsibilities of StatesResponsibilities of StatesBy ratifying an MEA a State is committed
to regulating and, where necessary,
restricting or banning use or trade in
certain substances or items through the
enactment of national laws and
regulations mainly to:
Protect the Environment
Conserve Natural Resources
Obligations of States Obligations of States Enactment of implementing
legislation;
Establishment of specific enabling administrative/institutional arrangements;
Public awareness and education;
Environmental management measures;
Regulation and enforcement.
Role of CustomsRole of CustomsCustoms performs diverse and often conflicting roles:
Collecting Revenue
Facilitating Trade
Enforcing Laws
Protecting societyThe enforcement of MEAs adds some level of
complexity to this range of responsibilities
Question to Class? Question to Class?
In what way does the enforcement of MEAs add complexity to the job of a customs Officer?
Role of CustomsRole of CustomsPart of the mission of Customs is to protect society through enforcement of various restrictions and prohibitions.
Customs and border control officers are positioned to act as safeguards against the deterioration of their country’s and the global environment and are tasked to enforce the trade related provisions of the MEAs
Role of CustomsRole of Customs
Regulating legal trade
Checking the validity of trade documents
Monitoring traders’ compliance
Collecting the applicable duties and taxes
Detecting and investigating illegal trade
Combating fraud
Informing the public about MEAs
Customs are involved in:
Role of CustomsRole of CustomsThese duties are no different from
combating other forms of contra band.
Smugglers of all kind attempt to utilize the same channels
Customs Officers use the same techniques to combat all forms of illicit trade
Question to Class?Question to Class?
Why is customs so critical to the process of enforcing MEAs?
Why Customs ?Why Customs ?
Better Location at the Front Line or last defence
Empowered to make physical check, seizure and investigations
Expertise of dealing with trans border trafficking and offenders
World wide information and intelligence exchange networks in place
Employment of risk management techniques
ChallengesChallengesCustoms Administrations views the
performance of Agency Functions as secondary to its main role as Collectors of Revenue and Facilitators of Trade.
A Reluctance by Customs to accept of their role in implementing the MEAs and in so doing protect society from harmful trade.
Administrations are reluctant to allocate resources to secondary functions
ChallengesChallengesApplying Risk Management Techniques
to expedite Trade without compromising the security or well being of the state
Coping with the rapid change including greater reliance of information technology systems and a realignment of procedures and processes as part of efforts to reform and modernize
National level ParticipationNational level Participation Ministries /Departments responsible for :
Agriculture, Fisheries, Forestry,
Sustainable Development & the
Environment
Environmental Agencies and Groups
Customs
Other law Enforcement Agencies (Police,
Coast Guard)
Port Authorities
Border Control AgenciesBorder Control Agencies
Regional PartnershipsRegional Partnerships
CARICOM
UNEP – Regional Office
CCLEC
CCAD
RSS
INTERPOL (Regional Offices)
International CooperationInternational CooperationBasel Convention
Convention on Biological Diversity
CITES
Montreal Protocol
Rotterdam Convention
Stockholm Convention
Interpol
WCO
UNEP
UN Office of Drugs and Crime
Basel Convention http://www.basel.int/
Cartagena Protocol http://bch.cbd.int/
CITES http://www.cites.org
Montreal Protocol http://www.unep.org/
Rotterdam Convention http://www.pic.int/
Stockholm Convention http://chm.pops.int/
Reference MaterialsReference MaterialsThe following websites provides information including the text of each MEA and other reference documents
ConclusionConclusion
Any Questions?
Review Unit Objectives
Link to following Unit