Unit 1 Overview of MEAs and Border Control MEAs Enforcement Workshop for Customs Officers and Border Control Personnel

Introduction This 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.

Objectives 1. 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 1. Introduction 2. Understanding the MEAs 3. Role of Customs 4. Challenges 5. National / Regional / International Collaboration 6. Conclusion

Understanding the MEAs Scope of MEAs Legal Provisions Detection Methods Health & Safety Detention and Disposal Inter Agency Cooperation Reporting & Feedback

Understanding the MEAs Multilateral 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 MEA 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 States By 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 Enactment of implementing legislation; Establishment of specific enabling administrative/institutional arrangements; Public awareness and education; Environmental management measures; Regulation and enforcement.

Role of Customs Customs performs diverse and often conflicting roles:  Collecting Revenue  Facilitating Trade  Enforcing Laws  Protecting society The enforcement of MEAs adds some level of complexity to this range of responsibilities

Question to Class? In what way does the enforcement of MEAs add complexity to the job of a customs Officer?

Role of Customs Part 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 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 Customs These 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? Why is customs so critical to the process of enforcing MEAs?

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

Challenges Customs 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

Challenges Applying 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 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 Agencies

Regional Partnerships  CARICOM  UNEP – Regional Office  CCLEC  CCAD  RSS  INTERPOL (Regional Offices)

International Cooperation Basel Convention Convention on Biological Diversity CITES Montreal Protocol Rotterdam Convention Stockholm Convention Interpol WCO UNEP UN Office of Drugs and Crime

Basel Conventionhttp:// Cartagena Protocol CITEShttp:// Montreal Protocolhttp:// Rotterdam Conventionhttp:// Stockholm Convention Reference Materials The following websites provides information including the text of each MEA and other reference documents

Conclusion Any Questions? Review Unit Objectives Link to following Unit