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LECTURE 7: COMMUNICATION AND COOPERATION: INTRA- AND INTERNATIONAL
TRAINING WORKSHOPON ENVIRONMENTALLY REGULATED SUBSTANCES
NEED FOR COMMUNICATION AND COLLABORATION
Customs and environmental agencies are responsible for protecting seaports with regards to environmental risks, yet they often work in isolation
Numerous reasons may exist that impede this cooperation, for example: Different agency missions Different agency cultures Lack of inter-agency interaction process / protocol Lack of awareness
More effective enforcement can be achieved through communication and cooperation among national agencies, as well as internationally 2
2014: WCO YEAR OF COMMUNICATION
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COMMUNICATION: SHARING INFORMATION FOR BETTER COOPERATION
“Communication is a sharing process which fosters cooperation, and as Customs is at the centre of a network of relations, developing a sound internal and external communication strategy promotes transparency, facilitates dialogue, builds trust and ensures mutual understanding.”
“In fact, communication is a two-way process by which information and knowledge are exchanged and shared between individuals – it is not only about sending a message or passing on information, it is also about exploring, discovering, researching and generating knowledge.”
Kunio Mikuriya, WCO Secretary General
Jan. 26, 2014
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VARIOUS PATHWAYS Inter-agency communication and cooperation can
take many forms:
Informal Verbal agreement Personal relationships Collaborative networks Periodic coordination meetings
Formal Legal mandate to cooperate
Somewhere in-between Written, signed, non-legal agreement
Memorandum of Understanding (MOU) Inter-Agency Agreements (IAA) Inter-Ministerial Agreements (IMA)
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DIFFERENT APPROACHES TO REACH THE SAME END-POINT
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VERBAL AGREEMENTS AND PERSONAL RELATIONSHIPS
First and foremost, effective communication and cooperation is built on trust
If one party makes the effort to share information, the receiving party will do something with it, for example, take enforcement action
AND
The other party will reciprocate by sharing their information
These agreements may not be sustainable over time since they are dependent on individuals
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COLLABORATIVE NETWORKS Collaboration can start at the ground-level, with
officers directly contacting their counterparts in other agencies Example: Customs and environmental ministry inspectors
Regional networks can facilitate this collaboration Example: East African Network for Environmental
Compliance and Enforcement (EANECE) West African Network for Environmental Compliance and
Enforcement (WANECE) is in initial stage of formation
Multi-agency committees, that meet regularly to discuss enforcement challenges, can lead to development of best practices and collaborative activities
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MEMORANDUM OF UNDERSTANDING (MOU)
MOUs define the relationships among different agencies, roles of each member organization. Mission success depends on joint or shared effort.
Document states policy and assigns official duties, but is generally not a legally binding instrument
More formal than a verbal agreement
Multiple agencies can participate
Can be more durable than more informal agreements, as document can apply even after changes of administration
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THINGS TO THINK ABOUT-
Issues, challenges and frustrations you currently face
Things that could go better in your own agency
What you expect of the other agency
What are some ideas for reform that will lead to a more effective working relationship between ministries?
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KEY ELEMENTS OF MOUS
Implementation: how agencies will work together to: Share information Conduct inspections / joint operations Control import/export (approve shipments, review
declarations) Handle non-compliance (investigation and legal action)
Planning: how agencies will work together to: Set priorities Develop an enforcement plan Evaluate joint efforts Evaluate need for capacity building Plan how to handle dispute resolution
Annexes, attached to MOU framework, to address: Individualized needs Specific topics Difficult issues
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MULTI-AGENCY IMPLEMENTATION Import/Export Controls & Inspections
Labeling/licensing/shipment approvals Targeting, pre-screening, intelligence-gathering &
data analysis Compliance monitoring using document and
physical inspections & laboratory analysis
Non-Compliance investigation
Administrative and criminal enforcement Case development for prosecutor
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BRIDGING THE GAP: A SUCCESS STORY Using INECE’s 5-day “Negotiating Customs and
Environmental Cooperation – Designing an Effective National Program, El Salvador produced a multi-agency MOU 1 day instruction 4 days structured
facilitated negotiation
7 governmental entities signed document at end of week Customs, Environmental ministry, Health,
Agriculture, Army, Navy and Public Health Council
Outlined roles and responsibilities for better control at seaports 13
COMMUNICATION TOOLS14
SECURE COMMUNICATION TOOLS
CEN website (WCO) Supports intelligence-based targeting of
shipments, including hazardous materials Contains database of seizures, alerts,
concealment and x-ray picture sharing
CENcomm (WCO): Customs Enforcement Network Secure messaging system to facilitate sharing of
information and intelligence during cross-border operations 15
SECURE COMMUNICATION TOOLS (CONTINUED)
ContainerComm (WCO and UNODC) Facilitates encrypted exchange of sensitive
information relating to suspected high risk containers Uses pre-formatted message types:
WARNING, FEEDBACK and SEIZURE Port of Tema PCU started intercepting illegal imports as
early as during their UNODC/WCO training exercises
Connects Port Control Units (PCUs) and other authorized users
Ecomessage (Interpol) Secure, uniform intelligence data reporting system Intelligence from one agency is transmitted through
Interpol National Central Bureaus (NCBs) to other relevant agencies
Data is stored in Interpol databases and can be cross-referenced to allow better understanding of criminal activities
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ADDITIONAL COMMUNICATION TOOL
Basel Convention Competent authorities in countries of import and export
Communication relating to: Basel Convention Notice and Consent compliance
and
Potential or detected illegal trade (information transferred to law enforcement officials)
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EXAMPLE NETWORKS Regional
EANECE: East African Network for Environmental Compliance and Enforcement (2010) Informal network of environmental enforcement officials Member countries: Kenya, Uganda, Tanzania, Rwanda,
Burundi Also open to connecting with academia, private sector, civil
society
Country specific National Toxic Dump Watch Program: Nigeria
Environmental communication platform Members include 9 federal agencies
Specific task or specific agencies Task forces: agency or sector specific
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