PRESENTATION TO THE PORTFOLIO COMMITTEE ON SAFETY & SECURITY

1. BORDER CONTROL OPERATIONAL COORDINATING COMMITTEE PRESENTATION TO THE PORTFOLIO COMMITTEE ON SAFETY & SECURITY 28 May 2008

2. Contents • Historical Background • Legal Framework • BCOCC Mandate • Achievements since 1st April 2007 • Challenges • Lead Agency concept • Lead Agency role • National Integrated Border Management Strategy (NIBMS) • Introduction • Strategic Objectives • Key Strategic Elements • Standard Operating Procedures

3. Historical Background The National Inter-departmental Structure on Border Control (NIDS) • In 1997 Cabinet established NIDS in order to facilitate the emergence of a unified governance structure for border control. • It was meant to have a 5 year lifespan and its final task would be to recommend a permanent, unified governance structure for border control. • During the NIDS days the SAPS was Lead Agency at borders. • NIDS failed to come up with a Border Control & Security Strategy • In 2001 NIDS died a natural death – without a single command driving a single border strategy, it could go no further.

4. Historical Background The Border Control Operational Coordinating Committee (BCOCC) • In 2002 Cabinet established the BCOCC, chaired by the Head: Border Police, a relatively junior position – reps for departments were also at junior levelb • It reported to the Joint Operational & Intelligence Structure (JOINTS) – not a Committee of Directors-General • In 2004 the Justice, Crime Prevention & Security (JCPS) Cluster conducted a review • JCPS review recommended that: • DDG from Home Affairs should be the chair, not the Head: Border Police • Every department was expected to scale up it representatives to a DDG level • BCOCC should report to the JCPS, not the JOINTS

5. Historical Background The Border Control Operational Coordinating Committee (BCOCC) • In 2005 Cabinet appointed DHA as chair of the BCOCC – at a DDG level • It still reported to the JOINTS – not the JCPS DG Cluster • Cabinet also appointed DHA as Lead Agency at Non-Commercial Ports and SARS at Commercial Ports • In the beginning it functioned very well until there was change in leadership at DHA • The situation in DHA was not conducive to stabilising and growing the BCOCC. • BCOCC operations had been constrained – this was manifest in the non-delivery of the National Border Control and Security Strategy

6. Historical Background The Border Control Operational Coordinating Committee (BCOCC) • The JCPS DGs held a workshop on 20 October 2006 and resolved that: • The BCOCC was non-functional under DHA for obvious reasons • SARS assumes the position of Lead Agency at Ports of Entry and BCOCC chair with immediate effect • The JOINTS leads a process of restructuring the BCOCC • The BCOCC should be a sub-committee of the JCPS cluster, not the JOINTS • This decision was recommended to the JCPS Cabinet Committee which further recommended it to the January 2007 Cabinet Lekgotla • Cabinet Lekgotla approved the recommendations

7. Historical Background The Border Control Operational Coordinating Committee (BCOCC) • January 2007 – Cabinet Lekgotla decision: “Cabinet has decided to follow the international norm and ask the South African Revenue Service to co-ordinate the country’s border control work” • Presidents State of the Nation Address: “Start the process of further modernising the systems of the South African Revenue Service, especially in respect of border control, and improve the work of the inter-departmental coordinating structures in this regard” • 1st April 2007 – SARS assumes Lead Agency role

8. Legal Framework The BCOCC is regulated by: • Chapter 3 of the Constitution of the Republic of South Africa • Cooperative Governance • Section 4 of the Intergovernmental Relations Framework Act no. 13 • Framework for managing programmes in the Public Service • A Single Public Service

9. BCOCC Mandate • Strategic & Operational coordination at Ports of Entry • Develop and implement National Integrated Border Management Strategy (NIBMS). • Planning and acting within one framework, whilst retaining agency-specific accountabilities. • Create a workable balance between security, trade, tourism and economic development in the RSA and the SADC region. • Harmonise & implement legislation and policy, thereby improving legal flow of persons and goods. • Advise policy makers on matters relating to Border Management. • Coordinate law enforcement operations at Ports of Entry in order to combat illegal activities. • To mediate, cases of conflict or disagreement relating to Border Management amongst agencies.

10. Borderline Responsibility • BCOCC: • Civilian structure • Port of Entry coordination • National Integrated Border Management Strategy • Strategic alignment between Port of Entry & Borderline • JOINTS • Joint Military, Police & Intelligence structure • Territorial integrity & Sovereignty of RSA • Exit/Entry Strategy for land borderline – Apex of Priority • Acquisition of CRS radars and sensors for land, sea & air Borderline

11. Achievements since 1st April 2007 • The development of the BCOCC Organisational Framework and Terms of Reference • Establishment of the Joint Operations Command Centre (JOCC) • The appointment of a National; 9 Provincial and 32 Port Coordinators • The development of the National Integrated Border Management Strategy (NIBMS) • Signing of Bilateral Agreement on combined border posts: RSA – MOZ • Ongoing 2010 FIFA SWC coordination for Ports of Entry • Successful management of incident free December 2007 & Easter 2008 contingencies • Employee Wellness & Wellbeing Programme at Ports of Entry: Health; Employee Assistance Programme and Sports & Recreation • A Programme Office has been established for implementation of the Strategy

12. Challenges Strategic Challenges • Coordination of border management is voluntary in nature and supported by a non-directive BCOCC • Officers lack culture of discipline and “esprit de corps” • Agencies’ change initiatives not anchored in a comprehensive strategy (e.g. CBCU, NIB) • New IT systems not integrated and fully embedded; ops not intelligence-driven • Facilities’ Strategy not yet adopted • No integrated Anti-Corruption strategy • Emergence of transnational organised crime networks • Movement of Biological and Chemical war agents • Combined Borders: SADC Protocol, Lesotho Protocol, SADC-CU by 2010, OSBP, • 2010 FIFA SWC

13. Challenges Port of Entry Challenges • Land Ports layout not conducive for the deployment of border control technology. • Search facilities not adequately monitored by surveillance systems. • Storage facilities for seized or detained goods are not adequate, secure or monitored by surveillance cameras • Most Ports lack basic equipment. • Employee housing is a major challenge • Border management agencies have to rely on facilities that are provided by landlords, e.g. ACSA, Transnet, DPW, etc. • At smaller privately operated international airports, border control systems are limited.

14. Challenges Ports of Entry Challenges • Different standards exist at the larger ACSA-owned international airports and the smaller privately operated international airports • Restricted Areas: whilst controlled by ACSA, they have been sub-contracted to private security companies and no standard criteria are enforced • Border Management Agencies not physically situated in the confines of the harbour area, except for the SAPS • Seaports and shipping activity are difficult to secure because of the topography • There is understaffing across all departments at all port modalities

15. Lead Agency concept • In a co-operative border management environment the Lead Agency has the final responsibility and mandate to ensure proper and effective functioning of the Port of Entry • The Lead Agency supported operationally by a stronger BCOCC represents a potential solution to the problem of fragmentation and ineffective co-ordination

16. Lead Agency role • Ensure the implementation of decisions relating to Border Management. • Co-ordinate planning cycle for port operations (e.g. port infrastructure, peak period contingency plans). • Responsible for the port, in relation to: • Joint Planning • Joint Execution • Joint Monitoring • Establish formal procedures for response to contingencies and security alerts. • Implementation of formal co-operation agreements. • Implementation of the National Integrated Border Management Strategy.

17. National Integrated Border Management Strategy

18. Introduction This is a collective inter-agency effort presenting, for the first time, a single National Integrated Border Management Strategy. Integrated Border Management: • Not modeled on US Homeland Security. • Planning and acting within one Legal and Policy framework whilst retaining agency-specific accountabilities. • Regulate movement of people, animals, goods and conveyances. • Protecting facilities, transport modes and personnel at POEs, people and goods in transit; and borderline patrols. • Balance between Security; Trade facilitation; promotion of Tourism; and Economic Development in RSA and SADC Region. • Cooperation with Border Management counterparts in SADC.

19. Strategic Objectives In the next three years the BCOCC will: • Implement a single National Integrated Border Management Strategy. • Implement an integrated and responsive border control system. • Create a National Border Management Coordination Mechanism. • Establish a foundation that will achieve Government’s cross-cutting aims of border control, facilitation, fiscal, immigration and anti-crime controls. • Put in place a border management operating model that will remain valid and relevant irrespective of future institutional choices. • Inculcate a culture of cooperation and resource sharing.

20. Key Strategic Elements NIBM Program of Action: • Regulatory framework for the BCOCC. • Establish a National Border Management Coordination Centre. • Implement an Integrated Port Operating Model. • Develop a Land Ports of Entry Facility Strategy. • SANDF/SAPS Border Exit and Entry Strategy. • Enhance Border Communication, Reconnaissance and Surveillance (CRS) sensors. • Introduce an Integrated Human Resources Strategy.

21. Key Strategic Elements NIBM Program of Action: 8. Integrated Anti-Corruption Strategy. • Traffic Control and flow management. • Strengthening Regional Cooperation and Coordination. • Human Trafficking and People Smuggling. • Illegal Drugs Trade and Trafficking. • Regulation of Controlled goods. • Contagious Disease Control. • Veterinary Control. • One-Stop Border Post. • 2010 FIFA SWC.

22. Standard Operating Procedures SOPs will cover: • Legislative Mandate and Role clarification • Customs Control Area • Other agencies’ Jurisdiction in the Area • Joint Operations • Joint Profiling • Joint use of Scanners • Joint Searches • Detention • Primary & secondary inspections • Handover Mechanisms • Communication & Media Relations

23. THANK YOU