chapter 1 · chapter 1 ensuring peoples' security and safety 006 ensuring peoples ecurity and...

The economy and society in each country have been increasingly globalized and become borderless in recent years, and the volume of international trade and human exchanges have also expanded. Such trends increase the danger from illegal imports, including smuggling of illicit drugs such as methamphetamines and cannabis, firearms, terrorism-related materials threatening the security and safety of peoples’ lives, as well as goods infringing intellectual property rights which impede the sound development of the economy. In order to se-cure peoples’ security and safety and maintain economic and social or-der in Japan, Japan Customs puts preventing the inflow of such goods harmful to society at the border as one of the top priorities and is ac-tively implementing various controlling measures.

Chapter 1

Ensuring Peoples'

Security and Safety

007006 E n s u r i n g Pe o p l e s ' S e c u r i t y a n d S a f e t y

Ensuring Peoples' Security and Safety

With increasing import/export cargoes, hand-carry items of inbound and outbound passengers and international mails/parcels, Japan Customs has in-stalled various X-ray inspection systems for quick and accurate inspections without unpacking, which uncover smuggling of illicit drugs, such as meth-amphetamines and cannabis, and firearms. Responding to large-scale smug-gling cases using large containers and in order to inspect large cargoes, such as automobiles and small boats, as well as the containers themselves, the first large-scale X-ray inspection system was introduced at the Port of Yokohama in 2001, and since then, a total of 16 systems have been installed at 13 ports across the country. The systems complete inspections in about 10 minutes per container, compared with about two hours previously taken, greatly reducing the inspection time.

LARGE-SCALE X-RAY INSPECTION SYSTEM

Balancing competing goals for accuracy and speed

Gold smuggling occurs frequently, and cases of import-consumption tax evasion totaling large monetary values have been detected recently. Furthermore, rob-bery and other crimes related to the gold trade have occurred in Japan. In 2017, to address the situation, Customs developed Emergency Countermea-sures to“Stop Gold Smuggling”, which consists of three core aims: “strengthening inspections”, “tightening penalties”, and “enhancing the collection and analysis of information, to actively and strictly promote the enforcement of relevant laws against gold smuggling at Customs, which comprise Japan’s border. Metal detector gate was newly introduced as a key equipment for first core aim, “strengthening inspection”. They are installed at all international airports and some seaports.This approach enables us to take stricter regulatory measures against more pas-sengers than when we use handy metal detector while performing customs clear-ance procedures promptly and smoothly.

METAL DETECTOR GATE

Key Equipment for Countermeasures to Stop Gold Smuggling

Japan Customs puts preventing illegal movement of prohibited goods such as illicit drugs and firearms as one of the top priorities and is actively implement-ing strict controlling measures. Japan Customs will enhance the inspection and surveillance and continue to improve border management through various mea-sures, including effective use of large- scale X-ray inspection systems and close cooperation with other domestic and foreign authorities.

Effective Border Management

DRUG DETECTOR DOG

Important partners indispensable for detecting drugs

Illicit drugs and explosives detector system enables us to detect hidden illicit drugs such as methamphetamine and explosives by mass analyzing of ionized specimen which was collected by wiping the surface of the exported/imported commercial cargoes, the personal effects of out-bound/inbound passengers, foreign mails and so on. It has contributed to intercept a massive amount of illicit drugs such as methamphetamine.It enables us to inspect exported/imported items promptly and strictly while outbound/inbound passengers and ex-ported/imported cargoes are rapidly increased, because it can detect hidden illicit drugs and explosives in a short time without destroying items.

ILLICIT DRUGS AND EXPLOSIVES DETECTOR SYSTEM

Japan’s uniquely successful inspection equipment

After two drug detector dogs came to Japan in 1979 through the cooperation of U.S. Customs, about 130 drug detector dogs are assigned to customs throughout Japan at present.The drug detector dogs sniff the personal effects of inbound passengers, foreign mails arriving in Japan and other imported items. The drug detector dogs have spotted a large amount of illicit drugs to date, such as cannabis and methamphetamines.We also introduced the drug detector dogs which can detect not only illicit drugs but also explosives in 2002. They enable us to inspect explosives strictly.


No escape for any smuggling. Our policy is clear.Never allow any smuggling, even a small amount of illicit drugs, one firearm or gold, is the firm policy of the Customs and Tariff Bureau and Customs nationwide. Japan Customs has achieved steady records of seizures at the border. The total seizure amount of illicit drugs decreased to app. 1,379kg（down 16% YOY）, and the seizures amount of methamphetamine etc .（Note） was app.1,159kg（down 23% YOY）. The amounts decreased from previous year but exceed 1 ton 2 years in a row. The situation is still serious.


（Note） methamphetamine etc.: Incl. methamphetamine and amphetamine.

In the smuggling case of gold bullion, the total seizure amount was 2,119 kg （down 65 % YOY） and the trend of modus operandi shifted to small-scale smuggling. The number of disposal cases reached to 720 （1.5 times compared to the previous year） and tax evasion amounted to about 1,500 million yen （1.7 times compared to the previous year）, both recorded the highest ever （July 2017-June 2018） .

5Okinawa Regional Customs accused two Chinese men, on violation of the Customs Act, of attempting to smuggle 8 yellow pond turtles (Mauremys mutica) etc. from China by cruise ship.Tokyo Customs accused a Japanese man, on violation of the Customs Act, of attempting to smuggle 24 spotted owls (Athene brama) etc. from Thailand by air.

Yokohama Customs seized approximately 115 kg of cocaine from a container ship arrived at Yokohama port. The total seizure of cocaine in 2018 recorded the largest ever.

4 Osaka Customs accused a Korean man , on violat ion of the Customs Act , of attempting to smuggle approximately 70,000 trademark-infringing tablets from China by international mail.

Approximately 28 kg of cannabis (19 caese) was seized by Tokyo Customs, which was found concealed in international mail parcels arrived from America.Tokyo Customs also seized approximately 92 kg of cannabis from personal belongings of a Chinese passenger arrived from Canada. This recorded the largest seizure in air passenger case.

Approximately 250 kg　of methamphetamine was seized by Tokyo Customs. The drug was found concealed inside a laser cutting machine in sea cargo arrived from Hong Kong.

Number of seizures: Gold

（Note1）preliminary figures（Note2）"gold"includes gold ingot, bullion and other gold products that are partially processed.

Year　　 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018　Type

Goldcases 27 15 17 18 12 119 465 811 1,347 1,088

kg 214 92 63 79 133 449 2,032 2,802 6,277 2,119（Note1）

In the case of illicit drug, seizure of “Largescale” smuggling by offshore transaction and marine cargo has become remarkable. Goldsmuggling has become bigger issue recently and seizure of offshore transaction occurred so there is a need to take stricter regulatory measures. And seizure of falsified credit cards（Note） significantly increased (6.1 times compared to the previous year).

INTERDICTIONS

Trend of smuggling offenses

（Note） Incl. the cards which were to be processed to falsified credit cards.

Facing increasing smuggling of illicit drugs and firearms, Japan Customs has achieved steady records of seizures at the border.Number of seizures: Illicit Drugs and Firearms

Year 2014 2015 2016 2017 2018 YOY Type

Methamphetamineetc.

cases 174 83 104 151 171 113%kg 549 422 1,501 1,159 1,156 100%

Cannabiscases 99 122 118 171 230 135%

kg 74 34 9 131 156 120%

Herbal Cannabiscases 52 58 81 115 129 112%

kg 35 29 6 117 143 122%

Cannabis Resincases 47 64 37 56 101 180%

40 6 3 13 13 98%

Opiumcases - - - - - -

kg - - - - - -

Narcoticscases 91 213 182 170 229 135%

kg 6 26 121 82 165 202%Thousand Tabs 2 1 1 2 22 13.4-fold

Heroincases 2 2 6 6 8 133%

kg 0 2 0 70 0 0%

Cocainecases 10 8 12 24 56 233%

kg 2 18 119 10 152 15.5-fold

MDMA etc.cases 5 23 27 48 59 123%

kg 0 0 1 0 9 80.4-foldtablets 0 0 1 2 21 13.7-fold

Ketaminecases 7 12 20 18 16 89%

kg 1 4 1 0 1 391%

Othercases 67 168 117 74 90 122%

kg 3 2 1 1 2 243% 2 1 0 0 1 837%

Psychotropic Substances

cases 26 16 11 17 38 224%kg - 0 - 0 - All decrease

Thousand Tabs 9 7 2 4 26 589%

Designated Substances

cases - 1,462 477 275 218 79%kg - 40 19 8 16 191%

Totalcases 390 1,896 892 784 886 113%

kg 630 522 1,650 1,380 1,493 108%Thousand Tabs 11 8 3 6 48 793%

Estimated number of Dose 10,000 Times 1,885 1,499 5,405 4,638 4,406 95%

Firearmscases 3 5 4 7 10 143%Guns 4 5 4 19 12 63%

Pistolscases 3 5 4 6 9 150%Guns 4 5 4 18 11 61%

Parts of Pistolscases 2 - - 3 1 33%Items 2 - - 4 1 25%

（Note1）preliminary figures（Note2）"gold"includes gold ingot, bullion and other gold products that are partially processed.


To reinforce Customs’ anti-terrorism measures, materials and substances for explo-sives and chemical weapons, pathogens that can be used in terrorist attacks are designated as prohibited import items under the Customs Law in Japan. Related laws and regulations have been well maintained and appropriate inspection equip-ment have been installed. Japan Customs is quite active in curtailing proliferation of WMD by implementing post examination on export cargoes, for example.

Anti-terrorism and anti-weapons ofmass destruction (WMD) measures

For anti-terrorism measures, necessary amendments of laws had been made; materials for explosives and chemical weapons, and pathogens that can be used in terrorist attacks are designated as prohibited import items and penalties on smuggling of the above items have been strengthened. Since October 2005, post clearance audit has been introduced for export cargoes, and since June 2007, customs dec-laration is required for cargoes related to WMD exported into a third country through Japan. These measures are part of Customs’ commitment to deterring the proliferation of such weapons.In addition, Japan Customs strengthens enforcement of terrorism-related materials at the border control by enacting laws to obtain advanced information on passengers and cargo for risk analysis before arriving.

LAWS ENACTED TO REINFORCE CONTROL

To ensure security and facilitation of international supply chain, the Customs and Tariff Bureau and Japan Customs are striving to implement an AEO program which provides benefits such as simplified and expe-ditious Customs procedures to the operators with a system to ensure compliance and cargo security.

IMPLEMENTATION OF AEO （Authorised Economic Operator） PROGRAM

Japan Customs has introduced Trace Detection Systems （TDS） and Gas Chromatograph-Mass Spectrometer （GC/MS） for illegal drugs and explosives, and furthermore, has worked on research and de-velopment of inspection equipment using advanced technologies.

DEVELOPMENT AND INTRODUCTION OF ADVANCED INSPECTION EQUIPMENT

COOPERATION WITH FOREIGN CUSTOMS

The International Intelligence Office is a window to communicate with foreign customs and other relat-ed agencies. The office collects and analyzes terrorist-related intelligence. Japan Customs is also actively participating in international activities to fight against terrorism and proliferation of WMD.

Cooperative Efforts with Foreign Customs

PSI is an international effort to design and implement the joint measures of par-ticipating countries in order to prevent the proliferation of WMD, missiles and their related materials. Currently, 105 countries are participating and cooperating in PSI. In July 2018, the Maritime interdiction exercise“ Pacific Shield 18” was held in Yokosuka, Japan, and Japan Customs also participated in the exercise.■ Participation by Japan Customs in PSI exercises□ October 2007, Port of Yokohama, Japan, hosted by the Government of Japan (Pacific Shield 07) Maritime interdiction exercise □ September 2008, Auckland, New Zealand (Maru) Maritime interdiction exercise□ October 2009, Singapore (Deep Sabre II) Maritime interdiction exercise□ September 2010, Cairns Airport, Australia (Pacific Protector 10) Air/ground interdiction exercise□ July 2012, Shin-chitose Airport, Japan, hosted by the Government of Japan (Pacific Shield 12), Air/ground interdiction exercise□ August 2014, Hawaii, United States, （Fortune Guard 2014）Maritime interdiction exercise□ November 2015, Wellington, New Zealand, （Maru 2015） Maritime interdiction exercise□ September 2016, Singapore (Deep Sabre 16) Maritime interdiction exercise□ September 2017, Cairns, Australia (Pacific Protector 17) Maritime interdiction exercise□ July 2018, Yokosuka, Kurihama Port, hosted by the Government of Japan (Pacific Shield 18),　 Maritime interdiction exercise

■ Proliferation Security Initiative （PSI）

Under CSI, customs officials are being stationed at foreign seaports to identify high-risk containers before being loaded onto vessels, in cooperation with the Customs officials of host countries. Japan has been implementing CSI with the United States and Canada. Japan Customs has been accepting customs officials of the United States since March 2003 at the Ports of Yokohama, Tokyo, Nagoya and Kobe. On a reciprocal basis, Japan Customs has been stationing officials to the Port of Los Angeles/Long Beach to assess the risks of containers destined for Japan. In addition, in January 2009, Japan Customs began implementing CSI with Canada at the Port of Vancouver, and at the Ports of Yokohama, Tokyo, Nagoya and Kobe with customs officials stationed on a reciprocal basis.

■ Container Security Initiative （CSI）

PSI Maritime Interdiction Exercise 2008 New Zealand

Concerted efforts of all government agencies are indispensable to fight against terrorism and curtail weapons of mass destruction. Customs maintains close contact with the National Police Agency, Ministry of Justice, Ministry of Economy, Trade and Industry （METI） and other related authorities, exchang-ing information and interchanging personnel. Customs cargo inspections are carried out in close communication with these agencies in order to interdict smuggling of explosives and illegal export of articles related to WMD.

CLOSE COOPERATION WITH RELATED GOVERNMENT AGENCIES


Trace Detection System (TDS) for illegal drugs and explosives


The number of cases is the number of import declarations and postal items which contains IPR infringing goods suspended by Customs.The number of items is the number of IPR infringing goods suspended by Customs.

（e.g. The number of items is 20, when 20 IPR infringing goods are contained in one import declaration or postal item.）

Goods infringing intellectual property rights （IPR） such as counterfeits and pirated goods may hamper economic development, and be a threat to peoples’ health and safety. IPR infringement is a serious issue around the world.

Initiatives to Protect Intellectual Property

The Japanese government has enhanced the protection of intellectual property in closer coopera-tion with the private sector. Japan Customs, which are responsible for enforcement on prohibited exported/imported goods such as IPR infringement at the border, play their roles in protecting intellectual property.The number of suspension cases of IPR infringement is 26,005 in 2018 ,which exceeds 25 thousandｓ for 7 consective years, and keeps high level. IPR infringing goods including pharmaceuticals being a threat to people’s health and electronic devices having a risk of ignition. Japan Customs has strengthened to enforce these goods for people’s health and safety.The detections of IPR infringing goods from postal items consist of a large number of the total IPR detection cases. Against the trend, Japan Customs has strengthened its enforcement for vari-ous modes of transport including postal items.

IPR ENFORCEMENT AT THE BORDER

Suspended Cases

In June 2018, Osaka Customs, jointly investigating with Aichi prefectural Police Department, accused Korean man of violating the Customs Act by attempting to smuggle 70,579 tablets of pharmaceuticals and 756 stickers from China.

Smuggling of pharmaceuticals and stickers infringing trademark from China

Counterfeit brand items


Cooperation with the Chinese and Korean Customs authorities has a particular importance among inter-national cooperation activities over IPR issues. The 1st Tripartite （Japan, China and Korea） Customs Heads’ Meeting was held in April 2007 and the three Customs agreed to set up a work-ing group on IPR in October 2007. Recently, Ja-pan, China and Korea have renewed their effort to promote information exchange for effective IPR border enforcement among the three coun-tries following the decision of the 6th Tripartite Customs Heads’ Meeting in November 2017.

The problem of IPR infringing goods has been a serious issue not only in specific countries but through-out the world. These goods may threaten consumer’s health and safety. Against this backdrop, further enhancement of international cooperation among Customs authorities around the world has been discussed in order to prevent the proliferation of IPR infringing goods. At the meeting of APEC Sub-Committee on Customs Procedures （SCCP）, "APEC Guidelines for Customs Border Enforcement of Counterfeiting and Piracy” was drawn up on Japanese initiative. The Guidelines provide APEC Customs Authorities with the guidance to improve effective border enforcement. Also, in the negotiations on various Economic Partner-ships Agreements （EPAs）, enhancement of IPR border enforcement has been actively discussed. Further-more, in cooperation with the World Customs Organization（WCO）, Japan is actively being engaged with various technical assistance activities in order to improve IPR border enforcement in developing countries, including dispatching experts, organizing regional seminars and accepting Customs officers from develop-ing countries for master’s degree scholarship program on IPR.

ENHANCING INTERNATIONAL COOPERATION

FURTHER COOPERATION WITH CHINA AND KOREA

Japan, China and Korea Tripartite Working Group on IPR

The number of suspensions by type of Intellectual Property（Import）

（the upper: cases, the lower: items）

Year 2015 2016 2017 2018 Growth over prev. year

Composition ratioType

Patent rights5 61 18 6 33.3% 0.0%

932 185,781 26,726 28,128 105.2% 3.0%

Design rights36 87 304 433 142.4% 1.7%

3,811 8,507 135,135 116,597 86.3% 12.5%

Trademark rights28,982 25,666 30,111 25,284 84.0% 96.6%

656,853 409,279 313,314 723,650 231.0% 77.8%

Copyrights323 312 295 438 148.5% 1.7%

27,948 19,068 31,564 61,199 193.9% 6.6%

Unfair competitionprevention goods

50 9 3 2 66.7% 0.0%77 30 11 101 918.2% 0.0%

Total29,274 26,034 30,627 26,005 84.9% 100.0%

689,621 622,665 506,750 929,675 183.5% 100.0%

In December 2018, Tokyo Customs, jointly invest igat ing with Metropol itan Pol ice Department, accused Chinese man and a corporation of violating the Customs Act by attempting to smuggle 60 trademark infrinting wallets from China.

Smuggling of wallets infringing trademark from China


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