L ECTURE 7: C OMMUNICATION AND COOPERATION : I NTRA - AND INTERNATIONAL T RAINING WORKSHOP ON ENVIRONMENTALLY REGULATED SUBSTANCES

N EED FOR COMMUNICATION AND COLLABORATION Customs and environmental agencies are responsible for protecting seaports with regards to environmental risks, yet they often work in isolation Numerous reasons may exist that impede this cooperation, for example: Different agency missions Different agency cultures Lack of inter-agency interaction process / protocol Lack of awareness More effective enforcement can be achieved through communication and cooperation among national agencies, as well as internationally 2

2014: WCO Y EAR OF C OMMUNICATION 3

C OMMUNICATION : S HARING INFORMATION FOR BETTER COOPERATION “Communication is a sharing process which fosters cooperation, and as Customs is at the centre of a network of relations, developing a sound internal and external communication strategy promotes transparency, facilitates dialogue, builds trust and ensures mutual understanding.” “In fact, communication is a two-way process by which information and knowledge are exchanged and shared between individuals – it is not only about sending a message or passing on information, it is also about exploring, discovering, researching and generating knowledge.” Kunio Mikuriya, WCO Secretary General Jan. 26,

V ARIOUS PATHWAYS Inter-agency communication and cooperation can take many forms: Informal Verbal agreement Personal relationships Collaborative networks Periodic coordination meetings Formal Legal mandate to cooperate Somewhere in-between Written, signed, non-legal agreement Memorandum of Understanding (MOU) Inter-Agency Agreements (IAA) Inter-Ministerial Agreements (IMA) 5

D IFFERENT APPROACHES TO REACH THE SAME END - POINT 6

V ERBAL AGREEMENTS AND PERSONAL RELATIONSHIPS First and foremost, effective communication and cooperation is built on trust If one party makes the effort to share information, the receiving party will do something with it, for example, take enforcement action AND The other party will reciprocate by sharing their information These agreements may not be sustainable over time since they are dependent on individuals 7

C OLLABORATIVE N ETWORKS Collaboration can start at the ground-level, with officers directly contacting their counterparts in other agencies Example: Customs and environmental ministry inspectors Regional networks can facilitate this collaboration Example: East African Network for Environmental Compliance and Enforcement (EANECE) West African Network for Environmental Compliance and Enforcement (WANECE) is in initial stage of formation Multi-agency committees, that meet regularly to discuss enforcement challenges, can lead to development of best practices and collaborative activities 8

M EMORANDUM OF U NDERSTANDING (MOU) MOUs define the relationships among different agencies, roles of each member organization. Mission success depends on joint or shared effort. Document states policy and assigns official duties, but is generally not a legally binding instrument More formal than a verbal agreement Multiple agencies can participate Can be more durable than more informal agreements, as document can apply even after changes of administration 9

T HINGS TO THINK ABOUT - Issues, challenges and frustrations you currently face Things that could go better in your own agency What you expect of the other agency What are some ideas for reform that will lead to a more effective working relationship between ministries? 10

K EY ELEMENTS OF MOU S Implementation : how agencies will work together to: Share information Conduct inspections / joint operations Control import/export (approve shipments, review declarations) Handle non-compliance (investigation and legal action) Planning : how agencies will work together to: Set priorities Develop an enforcement plan Evaluate joint efforts Evaluate need for capacity building Plan how to handle dispute resolution Annexes, attached to MOU framework, to address: Individualized needs Specific topics Difficult issues 11

M ULTI - AGENCY IMPLEMENTATION Import/Export Controls & Inspections Labeling/licensing/shipment approvals Targeting, pre-screening, intelligence-gathering & data analysis Compliance monitoring using document and physical inspections & laboratory analysis Non-Compliance investigation Administrative and criminal enforcement Case development for prosecutor 12

B RIDGING THE G AP : A S UCCESS S TORY Using INECE’s 5-day “Negotiating Customs and Environmental Cooperation – Designing an Effective National Program, El Salvador produced a multi-agency MOU 1 day instruction 4 days structured facilitated negotiation 7 governmental entities signed document at end of week Customs, Environmental ministry, Health, Agriculture, Army, Navy and Public Health Council Outlined roles and responsibilities for better control at seaports 13

C OMMUNICATION TOOLS 14

S ECURE COMMUNICATION TOOLS CEN website (WCO) Supports intelligence-based targeting of shipments, including hazardous materials Contains database of seizures, alerts, concealment and x-ray picture sharing CENcomm (WCO): Customs Enforcement Network Secure messaging system to facilitate sharing of information and intelligence during cross-border operations 15

S ECURE COMMUNICATION TOOLS ( CONTINUED ) ContainerComm (WCO and UNODC) Facilitates encrypted exchange of sensitive information relating to suspected high risk containers Uses pre-formatted message types: WARNING, FEEDBACK and SEIZURE Port of Tema PCU started intercepting illegal imports as early as during their UNODC/WCO training exercises Connects Port Control Units (PCUs) and other authorized users Ecomessage (Interpol) Secure, uniform intelligence data reporting system Intelligence from one agency is transmitted through Interpol National Central Bureaus (NCBs) to other relevant agencies Data is stored in Interpol databases and can be cross- referenced to allow better understanding of criminal activities 16

A DDITIONAL COMMUNICATION TOOL Basel Convention Competent authorities in countries of import and export Communication relating to: Basel Convention Notice and Consent compliance and Potential or detected illegal trade (information transferred to law enforcement officials) 17

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E XAMPLE NETWORKS Regional EANECE: East African Network for Environmental Compliance and Enforcement (2010) Informal network of environmental enforcement officials Member countries: Kenya, Uganda, Tanzania, Rwanda, Burundi Also open to connecting with academia, private sector, civil society Country specific National Toxic Dump Watch Program: Nigeria Environmental communication platform Members include 9 federal agencies Specific task or specific agencies Task forces: agency or sector specific 19