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Lecture 7: Communication and cooperation: Intra- and international

Training workshop on environmentally regulated substances. Lecture 7: Communication and cooperation: Intra- and international. Need for communication and collaboration.

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Lecture 7: Communication and cooperation: Intra- and international

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  1. Training workshopon environmentally regulated substances Lecture 7: Communication and cooperation: Intra- and international

  2. Need 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

  3. 2014: WCO Year of Communication

  4. Communication: Sharing 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, WCOSecretary General Jan. 26, 2014

  5. Various 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)

  6. Different approaches to reach the same end-point

  7. Verbal 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 actionAND • The other party will reciprocate by sharing their information • These agreements may not be sustainable over time since they are dependent on individuals

  8. Collaborative Networks • 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

  9. Memorandum of Understanding (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

  10. Things 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?

  11. Key elements of MOUs • 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

  12. Multi-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

  13. Bridging the Gap:  A Success Story • 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

  14. Communication tools

  15. Secure 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

  16. Secure 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 TemaPCU 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

  17. Additional 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)

  18. Example 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

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