Archives For Customs Inspection

Mobility concept

The U.S. Department of Homeland Security (DHS), U.S. Citizenship & Immigration Services (USCIS), Immigration & Customs Enforcement (ICE), Customs & Border Protection (CBP), Index, and National File Tracking System of Records, implemented new or modified uses of information maintained on individuals as they pass through the immigration process. The new requirements became effective as of 18 October 2017.

The new regulation updates the categories of individuals covered, to include: individuals acting as legal guardians or designated representatives in immigration proceedings involving an individual who is physically or developmentally disabled or severely mentally impaired (when authorized); Civil Surgeons who conduct and certify medical examinations for immigration benefits; law enforcement officers who certify a benefit requestor’s cooperation in the investigation or prosecution of a criminal activity; a­nd interpreters.

It also expands the categories of records to include: country of nationality; country of residence; the USCIS Online Account Number; social media handles, aliases, associated identifiable information, and search results; and EOIR and BIA proceedings information.
The new regulation also includes updated record source categories to include: publicly available information obtained from the internet; public records; public institutions; interviewees; commercial data providers; and information obtained and disclosed pursuant to information sharing agreements.

With this latest expansion of data allowed to be collected, it begs the question: How does one protect sensitive data housed on electronic devices? In addition to inspecting all persons, baggage, and merchandise at a port-of-entry, CBP does indeed have the authority to search electronic devices too. CBP’s stance is that consent is not required for such a search. This position is supported by the U.S. Supreme Court, which has determined that such border searches constitute reasonable searches; and therefore, do not run afoul of the Fourth Amendment.

Despite this broad license afforded CBP at the port-of-entry, CBP’s authority is checked somewhat in that such searches do not include information located solely in the cloud. Information subject to search must be physically stored on the device in order to be accessible at the port-of-entry. Additionally, examination of attorney-client privileged communications contained on electronic devices first requires CBP’s consultation with Associate/Assistant Chief Counsel of the U.S. Attorney’s Office.

So what may one do to prevent seizure of an electronic device or avoid disclosure of confidential data to CBP during a border search? The New York and Canadian Bar Associations have compiled the following recommendations:

  • Consider carrying a temporary or travel laptop cleansed of sensitive local documents and information. Access data through a VPN connection or cloud-based warehousing.
  • Consider carrying temporary mobile devices stripped of contacts and other confidential information. Have calls forwarded from your office number to the unpublished mobile number when traveling.
  • Back up data and shut down your electronic device well before reaching the inspection area to eliminate access to Random Access Memory.
  • Use an alternate account to hold sensitive information. Apply strong encryption and complex passwords.
  • Partition and encrypt the hard drive.
  • Protect the data port.
  • Clean your electronic device(s) following return.
  • Wipe smartphones remotely.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Source: article originally published by Mondaq.com, author: Cory, J (2017:11)

Advertisements

Cigarette Smuggling in Logs

September 23, 2017 — 1 Comment

A Hong Kong woman was caught late last month crossing the border into the mainland with an impressive 102 iPhones taped to her body — apparently, Shenzhen customs officers became a wee bit suspicious after noticing the woman’s unusually bulky clothing and strange stride.

They ordered her to take a walk through the X-ray scanner, which promptly sounded its alarm. A check revealed not only more than a hundred iPhones, but also 15 Tissot watches that were taped around her chest. In total, the smuggled items weighed about 20 kilograms, according to an Oriental Daily.

Customs officers in Hong Kong seized 7.2 tons of ivory from a shipping container arriving from Malaysia on July 4.

The seizure was made at the Kwai Chung Customhouse Cargo Examination Compound, and once its weight is confirmed, the haul could become a record seizure – the largest ever recorded in the Elephant Trade Information System (ETIS) database – narrowly surpassing the 7.138 tons seized in Singapore in 2002.

According to a government media release, the consignment was declared as “frozen fish” and the tusks hidden beneath frozen fish cartons.

The massive seizure underlines both Malaysia’s and Hong Kong’s role as key smuggling hubs in the international trafficking of ivory. Three people – a man and two women were arrested in connection with the seizure.

The ETIS database is managed by the NGO TRAFFIC on behalf of Parties to the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). It contains tens of thousands of elephant-product seizure records dating back to 1989.

Under CITES guidelines, any seizure of 500kg or more is considered indicative of the involvement of organized crime. All parties making such large-scale seizures are obliged to examine them forensically as part of follow-up investigations.

Dr Yannick Kuehl, TRAFFIC’s Regional Director for East Asia, said, “No doubt Hong Kong’s geographic location coupled with the currently relatively lenient penalties in place for anyone convicted of wildlife crime are reasons behind the shipment coming through the port. The case for increasing penalties has never been stronger.”

Hong Kong is currently reviewing its legislation regarding wildlife crime and the Legislative Council is currently debating plans to phase out the territory’s domestic ivory trade over the next five years, a timescale that is out of step with neighboring mainland China which intends to end its domestic ivory trade by the end of 2017. Source: Maritime Executive/TRAFFIC/HongKong Government – Photo’s: Alex Hofford/WildAid.

airport

Currently, New Zealand Customs can stop anyone at the border and demand access to any of their digital devices.

A new law means Customs will no longer be able to demand that people entering the country hand over the passwords to their devices without reasonable cause.

Currently, Customs can stop anyone at the border and demand access to any of their digital devices.

But ACT leader and sole-MP David Seymour has secured a change to this in the new Customs and Excise Bill, which is soon to have its second reading. Officers will need to have “reasonable suspicion” or belief of offending. There will be no appeal process.

Figures obtained by TVNZ showed that more than 1300 have been digitally “strip searched” since 2013.

New Zealanders were the most commonly searched, followed by people from China.

“Unrestricted power to demand people’s passwords and search their files is an affront to civil liberties, and it will inevitably lead to violations of privacy,” Seymour said.

“Customs practices are simply out of touch with modern reality. In the past, people would only pack a suitcase with a few paper documents, but younger generations often travel with all their personal files. Meanwhile, if a genuine criminal is determined to keep incriminating files, they’ll do it on cloud storage, not on their personal device.

“This will prevent countless New Zealanders and visitors from facing intrusive and unjustified searches.

“Customs’ powers to examine and access electronic devices will be restricted through a two-stage search threshold. This means that Customs will only be able to search a device if they have a reasonable suspicion or belief of offending under the Act,” Customs Minister Nicky Wagner said.

“We have addressed concerns raised by the public during consultation around Customs’ powers to search e-devices at the border.

“The new search powers strike a balance between protecting privacy and ensuring that Customs can continue to protect our borders.” Source: Stuff (New Zealand)

smoother1

Researchers at Sandia National Laboratories have developed new glass scintillators to detect suspicious nuclear material at borders and ports. The new scintillators are cheap, effective and more stable than the current scintillators in use.

Scintillators, which produce bright light when struck by radiation, are used extensively by the US Government in homeland security as radiation detectors. By observing the amount of light produced, and how quickly, the source of radiation may be identified.

Dr Patrick Feng, who led the Defense Nuclear Nonproliferation project, began to develop new types of scintillators in 2010, in order to “strengthen national security by improving the cost-to-performance ratio of radiation detectors”. To improve this ratio, he had to “bridge the gap” between effective scintillators made from expensive materials, and affordable but far less effective models.

Although there are many types of scintillator available, the best-performing scintillators are made from trans-stilbene. This crystallised form of a molecule allows border security tell the difference between gamma rays, which appear naturally everywhere, and neutrons, which are often associated with threatening materials such as plutonium and uranium, by producing a bright light in response.

The gold standard scintillator material for the past 40 years has been the crystalline form of a molecule called trans-stilbene, despite intense research to develop a replacement. Trans-stilbene is highly effective at differentiating between two types of radiation: gamma rays, which are ubiquitous in the environment, and neutrons, which emanate almost exclusively from controlled threat materials such as plutonium or uranium. Trans-stilbene is very sensitive to these materials, producing a bright light in response to their presence.

These crystals, however, are too fragile and expensive (around S1,000 per cubic inch)  to be used in the field, and instead, security personnel will tend to use plastic-based scintillators, which can be moulded into large shapes but are ineffective at differentiating between different types of radiation or detecting weak sources.

In order to find a good alternative, Dr Feng and his team at Sandia National Laboratories in Livermore, CA, began to experiment with organic glass components, which are capable of discriminating between different types of radiation.

Tests demonstrated that scintillators made with organic glass performed even better than the trans-stilbene scintillators in radiation detection tests.

The researchers were able to improve their design further when they drew a parallel between the behaviour of LEDs, which produce light when electrical energy is applied, and scintillators, which respond to radioactive sources. They found that adding fluorine, which is used in some LEDs, into the scintillator components helped stabilise them. This allowed for the organic glass to be melted down and cast into large blocks without becoming cloudy or crystallising upon cooling.

The result was an indefinitely stable scintillator able to differentiate between non-threatening radioactive sources, such as those used in medical treatments, and those which could constitute threats. The organic glass components are cheap and easy to manufacture, and do not degrade over time.

Next, the researchers will cast a large prototype for field testing, and hopefully demonstrate that the scintillator can withstand environmental wear and tear, for instance, due to the humidity of ports where checks are carried out. They also hope to adjust the scintillator to distinguish between safe sources of gamma radiation, and those which could be used to make “dirty bombs”. Source: Sandia Laboratory

WCO News June 2017

The WCO has published the 83rd edition of WCO News, the Organization’s flagship magazine aimed at the Customs community, which provides a selection of informative articles that touch the international Customs and trade landscape.

This edition features a special dossier on the use of collective action to fight corruption and how it can apply in the Customs context, and includes both country-specific experiences as well as the views of Customs’ partners.

It also puts a spotlight, in its focus section, on the WCO Mercator Programme, the capacity building programme designed by the WCO to assist governments in implementing the Customs trade facilitation measures outlined in the WTO Agreement on Trade Facilitation.

Other highlights include articles on the implementation of a new standard to ensure that men and women receive equal pay for equal work, enhanced control of light aviation in West Africa, the use of basic mathematics to fight corruption and bad practices, and much more.

The magazine is published and distributed free of charge three times a year, in February, June and October, and is available online or in paper format. Source: WCO

35168-8377116

Dubai Customs has introduced a sophisticated scanner that can detect 25 controlled and banned items in 25 seconds, in a bid to clamp down on smuggling. “The Ionscan 500DT can also detect as little drugs or explosives as one nanogram — which is one billionth of a gram” — according to Mohammad Juma Nasser Buossaiba, Director-General of the UAE Federal Customs Authority.

The highly sensitive scanner, equipped with HD touchscreen, is one of many other advanced equipment the authority has provided the Dubai Customs with in order to tightly secure all the crossing borders of the emirate. The new devices are in line with a memorandum of understanding signed recently between the UAE Federal Customs Authority and Dubai Customs. The Federal Customs Authority will also provide training to Dubai Customs staff on how to use the new devices, apart from the regular maintenance. Source: CustomsToday.pk and WCO IRIS

The Australian Border Force reports that four men have been arrested in Sydney and Melbourne for allegedly importing approximately 254kg of cocaine and 104kg of methyl-amphetamine into Australia.

Combined, the drugs had an estimated combined value in excess of $186 million.

An Australian Federal Police (AFP) investigation commenced in December 2016 after the Australian Border Force (ABF) targeted a cargo consignment containing mining equipment which had arrived in Melbourne from South Africa.

ABF officers at the Melbourne Container Examination Facility examined the consignment which included industrial mining equipment. X-ray images revealed anomalies within an iron ore extractor.

It will be alleged that a physical examination of the iron ore extractor by ABF officers led to the discovery of 358 1kg block packages of cocaine and methyl-amphetamine, concealed within the equipment among a load of activated charcoal.

On 19 December 2016, the AFP commenced a controlled delivery where the consignment was delivered from Melbourne to a storage facility in Sydney.

Three men were arrested after accessing the consignment in Sydney on Sunday, 5 February 2017.

During additional search warrants on Monday, 6 February, 2017 on the Central Coast of NSW, AFP officers also seized a large sum of cash in a compressed block of AUD$100 notes. The notes are currently the subject of further forensic analysis.

A fourth man was arrested in Melbourne on Wednesday, 8 February 2017.

A 47-year-old (Watanobbi) man and 75-year-old male South African citizen were charged with:

  • One count of attempt to import commercial quantities of border controlled drugs, pursuant to subsection 307.1 (1), by virtue of subsection 11.1 of the Criminal Code 1995 (Cth) and;
  • One count of attempt to possess a commercial quantity of border controlled drugs, pursuant to subsection 307.5 (1), by virtue of subsection 11.1 of the Criminal Code 1995 (Cth).

A 39-year-old (Doonside) man was charged with:

  • One count of attempt to possess commercial quantities of border controlled drugs, pursuant to subsection 307.5(1) by virtue of subsection 11.1 of the Criminal Code 1995 (Cth).

A 38-year-old (Roxburgh Park) man was charged with:

  • One count of import commercial quantities of border controlled drugs, pursuant to subsection 307.1 (1) of the Criminal Code 1995 (Cth).

The maximum penalty for these offences is life imprisonment.

AFP Commander John Beveridge said the AFP and its partners are committed to protecting the Australian community from the scourge of illicit drugs through targeted detection and disruption.

“The AFP will continue to work with its partner law enforcement agencies to disrupt all forms of drug importation attempts and target those who believe they are above the law,” Commander Beveridge said.

“These arrests send a strong message to criminals who choose to import harmful drugs into our community for their own profits – you will be caught, no matter how creative you believe your concealment method may be.”

ABF Regional Commander Victoria and Tasmania, James Watson, praised ABF officers at the Melbourne Container Examination Facility for the outstanding detection.

“Our officers have the expertise and technology to detect even the most sophisticated concealment. In this instance, our upgraded container x-ray technology has been able to penetrate through several layers of steel, machinery and coal/stones to identify these concealed packages.

“The success of this operation once again highlights how effectively Australia’s border and law enforcement agencies are working together to stop illicit drugs from entering our community, and how instrumental the ABF is in keeping these dangerous drugs off our streets.”

Three men appeared before Sydney Central Local Court on Monday, 6 February 2017 where they were remanded in custody.

A fourth man appeared before Melbourne Magistrates Court on Wednesday, 8 February 2017 where he was remanded in custody to re-appear on 10 February 2017 for a filing hearing. Source: Border.gov.au

China Customs EmblemAudit firm KPMG reports that the General Administration of Customs (GAC) will reform the existing customs clearance procedure for imported goods, according to a GAC Circular on Carrying out Pilot Reform of Tax Collection and Administration Procedure issued on 29 October 2016. Under the current procedure, review of the customs declaration is required before goods are released. This reform is designed to further guide import and export enterprises to be self-disciplined and law-abiding, with the principle stated as “honesty and observance of the law brings convenience; dishonesty and irregularity leads to punishment” to improve customs clearance efficiency.

Content of pilot reform  includes the following elements:

Independent customs declaration and tax payment – when importing goods, enterprises should submit customs declarations truthfully and accurately in advance, calculate tax payable and surcharges and handle payment-related procedures on their own.

Review of elements relating to tax calculation after release of goods  – generally, goods will be released after enterprises complete the customs declarations and tax payment procedures on their own. Afterwards, the customs authority will spot-check and review the valuation, classification and origin of the imported goods of the enterprises. In special cases, the authority will inspect the customs declaration in advance.

Proactive disclosure scheme After release of goods – enterprises are encouraged to report to the authorities in writing if they are aware of any of their own violations against customs regulations. Enterprises which the customs authority believes to be voluntary disclosers of their own irregularities will be less punished or free from punishment. For enterprises which have disclosed their irregularities and paid back taxes proactively, late fees can be reduced or eliminated.

For more details access the KPMG report here! Source: KPMG

Container Control ProgrammeThe year 2015 has been the most active one ever for this joint WCO – UNODC initiative, which tackles illicit trade in containerized transport.

A number of new countries joined the Container Control Programme (CCP), more than 130 training events, private sector meetings and study visits were implemented and significant seizures of drugs, counterfeit goods, cigarettes etc. were made by the Port Control Units established in the framework of this programme.

The 2015 CCP Annual Report also contains interviews with the Directors General of Georgia and Azerbaijan Customs as well as several statements by Customs’ and Private Sector stakeholders. Source: WCO

Johannesburg – They [smugglers] had cash stashed in 11 pieces of luggage including four backpacks – R78 million destined for the United Arab Emirates.

But eagle-eyed customs officials at OR Tambo International Airport were on to them and confiscated the bags with R23m and $3.775m in notes.

On the same day, R50m worth of cocaine stashed in hair product bottles was seized at the same airport, in one of the biggest crime-busting days at OR Tambo.

On Monday, SA Revenue Service (Sars) officials said five people had been arrested after being caught with the undeclared cash as they were about to leave South Africa.

“Risk profiling earlier by Sars custom officials identified the passengers, and led to their apprehension as they boarded the aircraft at 9.45pm.

“Upon noticing the officials, the passengers retreated and headed back to the entrance of the boarding gate. At this point, officials closed the boarding gate door and the passengers were compelled to wait for the Sars officials,” Sars said.

When asked whether they had any currency, one of the passengers apparently said he had R100 000 and that the other members of the group had currency with them.

“The five individuals were escorted back to immigration at international arrivals, booked back into South Africa and escorted to customs.”

Sars spokesperson Luther Lebelo said the bags with the cash had been handed over to the SA Reserve Bank.

“The matter has been handed over to the SA Reserve Bank for further investigations. Once the bank is satisfied that there is an element of criminality, they can take the matter to the police,” he said.

The arrests on Friday – details of which were released on Tuesday – followed a R50m drug bust at the airport. National police spokesman Brigadier Vishnu Naidoo said the consignment of cocaine, weighing about 143kg, was one of the largest drug recoveries at a South African port of entry.

“The drugs were hidden in 147 hair products bottles and were found during a routine inspection at the cargo section. The consignment arrived from Brazil, and information displayed on the cargo indicated it was in transit to Cotonou, Benin, in West Africa,” he said.

Other drug busts at OR Tambo over the past month include:

  • The confiscation of 60 000 Viagra tablets with a street value of R6m at the airport’s mailing centre.
  • Cocaine weighing 3.46kg and valued at R993 020, found in the backpack of a passenger in transit from Sao Paulo and headed for Lagos, Nigeria.
  • Sixty-five packages of crystal meth valued at R4.2m, confiscated while being loaded into a bakkie in the cargo area.
  • Heroin valued at R201 810 destined for Spain and Ireland, discovered along with 2kg of cannabis at the airport’s mailing centre.

Source: The Star

USCP Counterfeit stuffThousands of counterfeit designer handbags have been uncovered by federal officers in a shipping container at Miami’s seaport.

Customs and Border Protection officials say a recent review confirmed there were 1,200 fake Gucci handbags and 1,195 Louis Vuitton handbags in the container. The bags were initially seized Aug. 19 in a shipment from China.

Authorities say the handbags are worth more than $1 million if sold as legitimate.

Investigators began examining cartons containing the handbags after noting that they were not declared on any import documents. The shipment included 825 other cartons of clothes, shoes and similar apparel.

Last year CBP seized more than 23,000 counterfeit items nationally worth about $1.2 billion.

Picasso, Head of a Young WomanA painting by Pablo Picasso estimated at more than €25 million (CHF26.5 million) and considered “unexportable” by the Spanish authorities has been seized by French customs officials on a boat moored in the French island of Corsica.

“An attempt to export to Switzerland a picture by Picasso, Head of a Young Woman, through the customs office of Bastia [a town in Corsica] last Thursday attracted the attention of French officials,” customs agents said in a statement to French news agency AFP on Tuesday.

On Friday, customs officials from the Corsican town of Calvi “boarded the ship which was moored in the marina at Calvi and demanded the documents relating to the painting which it was transporting”. According to the statement, the captain was able to produce only one document assessing the painting plus a ruling, in Spanish, from May 2015 made by the Audienca Nacional, a Spanish high court which has jurisdiction over all Spanish territory and international crimes which come under the competence of Spanish courts. This ruling confirmed that the painting was a Spanish national treasure which could never leave Spain. Source: CustomsToday

DBN Relocatable ScannerThe following article suggests the need for greater consultation and collaboration between all supply chain parties. While the associated costs relating to supply chain movements is not the purview of SARS, these should be considered as part of the overall impact assessment in the lead up to such an implementation. For all intents and purposes this is an unintended consequence. Stakeholders should also note that the SA government has not imposed any fee for the scanning of cargoes to re-coup costs. Non-intrusive inspection (NII) capability is a tenet of international customs control intended to mitigate security threats and incidents of cargo misdeclaration, even legitimate cargo that can be used to mask harmful products stowed in vehicles/containers. The issue of increased cost of compliance has unfortunately been a trait of many international customs developments ever since the advent of ‘heightened security’ – post 9/11 and seems destined to remain a ‘challenge’ as we supposedly move into an era of increased trade facilitation.Joint collaboration between all parties not only assists in better understanding of the broader supply chain landscape but can also contribute to positive measures on the ‘ease of doing business’.

Freight & Trade Weekly (issue no. 2158, 10 July 2015) reports that Industry has called on customs to look into processes around its cargo scanners which they say are currently driving up costs.

Two state-of-the art scanners are currently operational at the Port of Durban and Cape Town and are part of South African Revenue Service’s (Sars) countrywide approach to risk management that aims for less intrusive inspections at ports and border entries.

The scanners were introduced in order to improve efficiency, with stopped containers being released more speedily than has been the case to date.

“It has however in some cases increased costs because it has resulted in double handling of containers,” said Dave Watts, a maritime consultant for the SA Association of Freight Forwarders (Saaff).

Before the introduction of the scanners all stopped containers were moved by shipping lines to licensed depots for examination by Sars. Once the inspection was concluded and the container released the importer or his agent could collect it using their own transport.

The new process however sees the stopped container transported by the shipping line to the scanner where it is either released or has to be moved for a physical inspection to a depot.

If released at the scanner the container is however still on the shipping line’s appointed truck and not that of the importer or its agent’s nominated haulier.

There are no facilities to move it from one truck to the other at the scanners which means carrier haulage moves it to a depot anyway.

“The extra cost comes in simply because of the double handling,” explained Watts.

In Durban, where the new technology scanner was introduced just over a year ago, several importers maintain it is cheaper to just have their stopped containers taken to the depot for unpacks rather than going through the scanner and not unpacking.

According to Mike Walwyn, chairman of the Port Liaison Forum, the issue of carrier choice also comes into play as the importer now has to use carrier haulage for delivery as opposed to his or her own transport.

Whilst the Cape Town scanner has only been operational for a week, some very real challenges are foreseen and increased cost is one of them.

“The issue is not necessarily around the scanner,” says Watts, “but the rules and regulations around the customs act that stipulates all containers remain the liability of the shipping line until released by customs. In other words it has to be taken to the scanner by the carrier.”

It has been suggested that instead of doubling the handling of containers the carrier should just make the final delivery of the container, but it is generally accepted that carrier cartage rates are much higher than contracted cartage rates. In some cases the cost is said to be four times higher.” Source: FTW