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Gerard Rodrigues Director, Cargo Operations Australian Customs and Border Protection Service RISK MANAGEMENT & SELECTIVITY

Risk Management and Selectivity

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Gerard RodriguesDirector, Cargo OperationsAustralian Customs and Border Protection Service

RISK MANAGEMENT & SELECTIVITY

1. Make the case for an intelligence led, risk-based approach to border management rather than traditional transaction-per-transaction documentation and physical checks

2. Examine and assess the nature of Customs risk

3. Describe the risk management process, analysis, profiling and selectivity

4. Understand how to design and implement a risk management strategy using specific examples and case studies

SESSION OBJECTIVES

OVERVIEW

1. Introduction to Customs Risk Management2. Risk Management Principles3. Risk Management Process

• Context• Risk Identification• Analysis• Evaluation• Treatment • Monitoring and Review

4. Developing and implementing a risk management strategy

1. Traditional approaches to border management have been transaction-based. What are the implications of this?

• Increasing volumes means increasing workloads and delays

• Unsustainable in light of the globalisation of trade

INTRODUCTION

The management of borders carry elements of risk:• Fraud • Drug trafficking• Counterfeit goods• Illegal movement of people etc

Exposure to risk can be managed through the practice of Risk Management

DEFINITION OF RISK: A combination of probability and consequence

• “The chance of something happening that will have an impact on objectives”.

• Risk management, therefore, can be defined as “the culture, processes and structures that are directed towards realising potential opportunities whilst managing adverse effects”.

INTRODUCTION

WCO definition of risk management:The systematic application of management procedures and practices that provide Customs authorities with the necessary information for addressing risk.

Customs administrations are increasingly using formal risk management to achieve border management objectives, improve decision making, allocate resources in accordance with priority and risk, develop policy and manage projects.

GATT, Revised Kyoto Convention, WCO SAFE Framework, WTO, APEC all see risk management as the cornerstone of modern business practice and fundamental to trade facilitation in the modern world.

Customs Risk

Risk management is:

• An integral part of all organisational processes

• Part of decision making

• Explicitly addresses uncertainty

• Systematic, structured and timely

• Based on the best available information

• Takes human and cultural factors into account

• Transparent and inclusive

• Dynamic, iterative and responsive to change

Risk Principles

Australian Customs and Border Protection Model

Customs Risk

Australian Customs and Border Protection

Cargo Intervention Strategy

Risk Based “layered approach” that incorporates:

• Pre-arrival lodgement and reporting of all cargo entering and leaving Australia

• Risk assessment of all reported cargo against intelligence and other information holdings for known and suspected indicators of border risks

• Tailored interventions and responses to treat identified risks or validate the level of risk in the environment

• Licensing of some key operators who report, handle and process cargo

• Industry outreach, engagement and education programs

• Controls to maintain physical security of import, export and transhipment cargo

• Assurance activities, in the pre-clearance and post-transaction environments.

Customs Risk

RISK MANAGEMENT PROCESS

RISK ANALYSIS

MONITOR AND

EVALUATE

ESTABLISHCONTEXT

TREAT THE RISK

CONTEXT

• Different Geographical environments

• Difference cargo “streams” eg sea cargo, air cargo, International Mail, Air Passengers, Cruise Ships

• Time of the year (eg New Year, Holiday season etc)

RISK MANAGEMENT PROCESS

ANALYSIS:

• Identify the risk

• Assess the risk

• Rate the risk

RISK MANAGEMENT PROCESS

RISK MANAGEMENT PROCESS

RISK MANAGEMENT PROCESS

TREAT THE RISK:

• Reduce risk to acceptable level by applying measures to reduce exposure. This may include developing a risk management plan with actions, roles, responsibilities, performance measures and deadlines. It may require inclusion of an action plan into the National Business Plan, regional plan or work area plan. This response will seek to reduce the consequences or likelihood of the risk event, thereby lowering the overall risk level.

• Avoid risk by deciding not to proceed with risk-generating activity.A decision to terminate the activity will usually require the approval of senior management. Note that it is not always possible to avoid risk.

• Transfer risk, by involving another party to bear the risk or share part of the risk. This will include transferring risk through insurance or partnership with another agency.

• Accept / Tolerate the current risk level, and manage it routinely.

• Residual Risk: risk remaining after the treatment has been applied.

RISK MANAGEMENT PROCESS

RISK PROFILING:

• Paper or electronic tool or documentation used to detect a transaction, entity, vessel, piece of cargo, particular import etc and used by Customs for further analysis or “targeting”purposes.

• The Global Facilitation Partnership for Transportation and Trade (GFFPTT) 2005, identified 4 key elements for a risk profile:

� Description� Period of Validity� Date range� Additional comments (free text field)

• Should include the following:� Risk area� Risk level assessment� Countermeasures to be taken� Activation and review dates� A means for measuring effectiveness

RISK TREATMENTS

SELECTIVITY:

• APPLICATION OF PROFILES TO DECLARATIONS, OPEARATIONS, INDIVIDUALS, TRANSACTIONS• CASE STUDY – CUSTOMS INFORMATION SYSTEM (CIS) - CROATIA

CASE STUDY – Former Yugoslav Republic of MacedoniaASYCUDA (Automated System for Customs Data)

RISK TREATMENTS

Impending Arrival Report

Cargo Report-MAWB-OBL-HBL

Vessel/Aircraft arrivalReport

Underbond Movement

Cargo Discharged

Declaration lodged

Cargo dischargeCustoms/AQIS

Clearance

Goods arrive

Goods

CASE STUDYAUSTRALIAN CUSTOMS

AND BORDER PROTECTIONINTEGRATED CARGO SYSTEM (ICS)

Import Process

Sea Impending Arrival Report

At least 96 hours before arrival

Sea Cargo Report or Cargo List Report

At least 48 hours before arrival

Sea Actual Arrival Report

Within 24 hours of arrivalSea Cargo Outturn

or ProgressiveDischarge Report

SCO within 5 days of starting discharge.

PDR 3 hours after starting discharge and then 3 hourly

UnderbondMovementRequest

Must have submitted Sea Cargo Report before being approved.

Outturn Report Within 24 hours of unpacking

or receipt

ICS Sea Cargo Reports & Timeframes

Import

Carriers

Cargo Handlers

Customs Owners

Service Providers

Who is involved?

GROUP EXERCISE

YOU ARE THE RISK MANAGEMENT TEAM FOR THE COUNTRY HOSTING THE FOOTBALL WORLD CUP IN 2018

USING THE RISK LIKELIHOOD AND CONSEQUENCE TABLES:

• IDENTIFY SOME OF THE RISKS• DETERMINE THE LIKELIHOOD• AGREE ON CONSEQUENCE• RATE THE RISK• DISCUSS APPROPRIATE RISK TREATMENTS

GROUP EXERCISE

VIDEO

RISK MANAGEMENT

DEVELOPING AND IMPLEMENTING A RISK MANAGEMENT FRAMEWORK AND STRATEGY

• NEED A WELL DOCUMENTED PLAN THAT PROVIDES POLICY GUIDANCE AND DOCUMENTATION OF ALL ACTIVITIES AND PROCESSES IN THE ORGANISATION

• ADDRESS CULTURAL ISSUES AND MINDSET

• LEGISLATION AND REGULATORY CHANGES

• ORGANISATIONAL STRUCTURES� Strategic (Risks aligned with Goals and Objectives of the organisation� Tactical (Finances, equipment, resources, monitoring and review)� Operational (Day to day immediate situations)

� ONGOING TRAINING AND DEVELOPMENT

RISK MANAGEMENT

• RISK MANAGEMENT WORKS, IT IS THE ONLY VIABLE OPTION IN THE CURRENT GLOBAL ENVIRONMENT AND INTO THE FUTURE

• THERE ARE NUMEROUS AND TANGIBLE BENEFITS

• WIN-WIN FOR INDUSTRY, TRAVELLING PUBLIC AND CUSTOMS

• NEEDS TOP MANAGEMENT SUPPORTS AND STRATEGIC THINKING WITH A CLEAR RISK MANAGEMENT POLICY UNDERPINNING ALL ASPECTS OF OPERATIONS

• ORGANISATION STRUCTURES MUST BE IN PLACE TO SUPPORT RISK MANAGEMENT STRATEGY

• MUST BE SUPPORTED BY STRONG IT INFRASTRUCTURE WITH PROFILING AND SELECTIVITY CAPABILITY BASED ON ADVANCE ELECTRONIC INFORMATION

• MUST BE SUPPORTED BY LEGISLATION

• ONGOING TRAINING, EDUCATION AND AWARENESS IS CRUCIAL

SUMMARY

Remember not everything goes according to plan!

Thank You