NZ Customs -will need reasonable cause to search laptops and phones at the border

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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)

New Zealand Customs ‘Cash Dogs’ go International

Detector Dog Rajax demonstrates his cash-sniffing abilities during training at a NZ Customs facility

Detector Dog Rajax demonstrates his cash-sniffing abilities during training at a NZ Customs facility

Customs Minister Nicky Wagner today welcomed a new partnership between New Zealand, Hong Kong and Chinese Customs to develop cash detector dog capabilities in the region.

Officials from Hong Kong Customs and the General Administration of China Customs’ Anti-Smuggling Bureau have been in Auckland to learn how drug dogs are trained to detect cash, so they can progress similar programmes in their own Customs administrations.

“It’s fantastic we’re able to assist Hong Kong and China to build this special capability, as detecting undeclared or hidden cash is an increasing priority for many Customs authorities as evidence shows following the money trail can lead to cracking serious organised crime such as drug smuggling.

“Having Hong Kong and China Customs detector dogs sniff both drugs and cash will disrupt drug smuggling and money laundering by transnational syndicates, with flow-on benefits for us in New Zealand,” Ms Wagner says

New Zealand shares formal agreements and a close customs-customs operational relationships with both Hong Kong and China, with the agencies working together to target the illicit drug trade through cross-border efforts.

Officials spent a week getting an overview from Customs’ Source: NZ Government (contributed by M Reddy)

New drug analyser to save New Zealand Customs time and money

New Zealand Customs Minister Nicky Wagner says the introduction of a new state of the art drug analyser will free up hundreds of hours a year for more enforcement work at the border.

The handheld device, a Thermo Scientific FirstDefender RM, shoots a laser beam into an unknown substance, accurately identifying it in a matter of seconds.  Customs purchased it with money recovered under the Proceeds of Crime (Recovery) Act.

“The device will drastically reduce the number of substances that have to be sent away for expensive testing, with savings expected to pay for it in less than six months.

“Its effectiveness will allow Customs officers to spend at least 520 more hours each year on frontline border work because they can make decisions quickly on what investigative action, if any, is required.

In addition to the drug analyser, Customs is building a laboratory in Auckland to test unidentified chemical samples.

“The enhanced capability will help to achieve outcomes sought in the government’s Methamphetamine Action Plan and allow Customs to identify an increasing number of new psychoactive substances stopped at the border,” Ms Wagner says.

More than 11,000 substances can be identified almost instantly by the FirstDefender analyser.  It can penetrate through certain types of packaging, so opening a packet or bottle may not be necessary, which also means a safer working environment for officers. Source: New Zealand Customs (contributed by Mogen Reddy)

Single Electronic Window for New Zealand importers and exporters

Customs' JBMS will ultimately provide the Trade Single Window, through which importers and exporters can deal directly with government agencies, and Customs  and MPI can more ­effectively manage risks for goods crossing the border (credit: FTD Supply Chain Magazine)

Customs’ JBMS will ultimately provide the Trade Single Window, through which importers and exporters can deal directly with government agencies, and Customs
and MPI can more ­effectively manage risks for goods crossing the border (credit: FTD Supply Chain Magazine)

The Joint Border Management System (JBMS) programme is a replacement information system that will meet New Zealand’s future border management needs. Comprising a set of integrated information technology products, owned and hosted by Customs and jointly operated with the MPI, it will give Customs, MPI and industry better information and risk-assessment tools to protect New Zealand’s society, trade and biosecurity.

“An agile, effective and efficient border management system is essential for protecting New Zealand from economic, social and environmental harm, for maintaining and improving our international competitiveness, and for collecting over $9 billion a year of government revenue,” says Customs deputy comptroller Robert Lake. “We need a system that keeps us secure, can handle increasing numbers of people, goods and craft, and meets trading partners’ expectations of integrated systems.”

The JBMS will ultimately provide a single electronic point of contact – the Trade Single Window (TSW) – through which the import and export industry can deal directly with government agencies for customs and biosecurity requirements, and Customs and MPI can more effectively manage risks for goods crossing the border.

Companies will be able to submit a single application to both Customs and MPI to lodge import declarations. It’s faster and more efficient. And they can do so directly, not through a third party like they do now.”

The key functions of the Single Window were to have been progressively available to industry from April 2013, however, Customs said it would take three months longer than it originally anticipated for importers and exporters to experience any benefits from the initial $75 million investment in a new Joint Border Management computer system, JBMS.  IBM had been due to deliver the first tranche of JBMS, which is a joint initiative between Customs and the Primary Industries Ministry, last month. Customs deputy comptroller Robert Lake said the agencies had decided to push back the launch and deliver the project in stages. Click here for more details.

Risk management

Customs has taken a phased approach to designing and building the JBMS programme to ensure secure information management and to enable Customs to manage the risks of turning on a major new IT system. “Each stage – or tranche – will be thoroughly tested with industry until it is performing as expected. Industry will be able to migrate over to the new system over time. Our current systems will remain in place until the new system is fully proven,” Mr Lake adds.

Tranche 1 has been funded by the government and has been underway since July 2011. Costs of the JBMS are shared with industry, and cost recovery charges will start from 1 July.

“From April, the system will support border agencies to use shared information to work collaboratively in analysing travellers and goods. This will allow border agencies to target risk more accurately and will therefore provide greater consistency and certainty in the end-to-end border clearance process for all goods,” Mr Lake says.

In the second tranche, Customs plans to fully replace all background systems, and add further enhancements and the remaining business functions to the TSW. The second tranche is subject to further government approval and funding.

Trade Single Window

The TSW is one of the major components of the JBMS and will enable parties involved in international trade and transport to submit the craft and cargo clearance data that is required by New Zealand’s border agencies electronically, once, through one entry point. They will also be able to register themselves as users of the TSW, and maintain their own details.

As part of the first tranche, the TSW will include registration (of customers and users), most lodgements (craft and cargo clearances, such as import and export entries, and cargo reports), status enquiries and response functions. In the second tranche, Customs and MPI will investigate options for providing further functions, including remaining lodgements, a reference library, information updates, transaction history and other payments. Customs and MPI are also working on a plan to join up MPI’s animal products and plant export certification systems to the TSW.

“The TSW is expected to deliver significant benefits to importers, exporters and others in the international trade supply chain,” Mr Lake says. “These will include improved coordination of processes and earlier certainty of border agency requirements when advance data is provided. Compliant traders will be able to get their goods through the border with greater speed, consistency and certainty. However, the potential benefits for industry will depend on how individual participants use the information from the TSW to make their supply chains more effective and efficient.” The JBMS is expected to deliver significant benefits to the import and export industry over the next 10–15 years. Source: www.ftdmag.co.nz

For further information also visit New Zealand Customs website – Joint Border Management System (JBMS)