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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