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

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