Local solutions in global Customs work
Regional Director of Customs in Victoria
Brian Hurrell presented a paper on Customs issues relating to illegal entry of drugs, people and firearms at an
International Policing Conference at Adelaide in March. The conference theme, Global Directions: Local Solutions, leant itself to discussions regarding the work of the World Customs
Organisation and how it is reflected in the work done by the Australian Customs Service.
The following are excerpts from
Mr Hurrell's presentation.
Customs administrations world-wide are being
encouraged to adopt the United Nations Draft Convention against Transnational Organised Crime. For Customs, this
work is sponsored by the Compliance/ Enforcement Sub-Committee of the World Customs Organisation. The Sub-Committee
has a number of working groups-Australian Customs is a member of a working group looking specifically at transnational
crime.
Customs administrations around the world recognise they
are a key agency in the fight against transnational organised crime, identifying the movement of illegal drugs,
firearms, cigarettes, and people-the same commodities that are stock in trade for transnational crime syndicates.
Recently, international crime syndicates have adopted
a range of new trafficking opportunities such as commercial fraud, stolen motor vehicles, nuclear materials and
waste, chemical weapons and weapons of mass destruction, human body organs, pornography, works of art and money
laundering. This expansion has resulted in Customs broadening its focus in the monitoring of cargo.
To be effective, Customs administrations worldwide must
work closely together. The key to success in locating contraband is the development of cooperative information
and intelligence exchanges between all law-enforcement agencies.
Crime is increasingly being organised across national
borders where it can exploit new outlets for its capital, taking advantage of the free movement of goods, capital,
services and people. In the past, organised crime was seen as a local threat, but now has turned into a highly
sophisticated international business.
Modern electronic communication techniques have almost
removed the problem of distance, encouraging the shifting of activities to places offering the greatest benefits.
Organised crime has shown itself to be capable of turning to its advantage the speed and anonymity offered by modern
forms of communication.
Transnational crime syndicates are not afraid of working
in countries where legal or administrative weaknesses enable them to exploit the system. Like successful international
companies, transnational organised crime groups are fully prepared to co-operate with each other to seize any opportunity
on offer. In Australia we see this with drug importations, where one group is responsible for the importation while
another has control of the distribution network.
The checking of trade and cross-border traffic provides
a wealth of information both quantitative and qualitative and, with legitimate access, Customs can strongly support
efforts to identify illegal consignments in cargo. If properly collected, analysed, circulated and exchanged, information
on people, companies, places of consignment, destinations, routings, means of transport, methods of concealment
and detection can form the cornerstone of the fight against organised crime.
The potential for success is closely linked to the availability
of intelligence and powers in respect of these activities and they are rarely found together. Customs, Federal
police, national and state crime agencies each cover areas of expertise and intelligence which, if collated, can
provide key elements for strengthening and facilitating the dismantling and discovery of criminal organisations.
Cooperation is critical. Effective pooling of information,
intelligence and resources will ensure a better overall understanding and response to crime.
To date there has been no powerful international instrument
to combat all forms of transnational organised crime. This gap will shortly be filled by the United Nations Convention
against Transnational Organised Crime and its three draft protocols to combat illicit firearms, prevent illicit
trafficking in people and the trafficking and illicit transport of migrants.
It will be important to monitor developments regarding
this Convention so that each agency can identify opportunities to get involved in the process, propose changes
to national legislation and benefit from any new measures that might be adopted.
Drug trafficking and people smuggling are two issues
causing concern for the Australian Government, community and law- enforcement agencies.
Drug trafficking in Australia took a significant turn
in October 1998 when a vessel attempted to off-load nearly 400 kg of heroin at a deserted beach on the east coast
of Australia. At the time, this was the largest single shipment of heroin imported into Australia. The operation
involved officers from the Australian Federal Police, Australian Customs, the New South Wales Police Service, Hong
Kong Police and assets from the Royal Australian Navy.
Customs air and maritime assets as well as Navy provided
covert surveillance on the vessel for several days before the attempted landing at Grant's Beach in New South Wales.
Support from international police agencies significantly contributed to the identification, purpose and location
of the vessel and with the successful prosecution of the on-board organisers and crew.
In the past two years, Customs and Federal Police have
been involved in a number of major maritime operations that have resulted in the seizure of close to 800 kg of
cocaine. In each case, organisers relied on state-of- the-art communications technology to effect the importation
and it was evident that the syndicates were well organised, well financed, and had prior experience.
The reasons these operations were so successful was,
in part, due to the cooperation between international and domestic law-enforcement agencies and the use of specialist
teams of police and customs officers provided by the Government under the National Illicit Drug Strategy.
Australia has moved down a path in drug law-enforcement
that is weighted toward collaborative intelligence collection and analysis. Customs analysts are now part of all
major drug operations conducted by the Australian Federal Police and this has proved to be very successful. The
Federal Police have developed a number of mobile strike teams that again are proving to be very successful because
of their ability to rapidly deploy once the analysts identify the potential importation.
Like many other customs administrations, Australian
Customs performs the role of gatekeeper, admitting goods and people in and out of the country. Inherent in this
role is a contradictory expectation. On the one hand, the unimpeded movement of goods and people-vital to the full
participation of Australia in the global economy-and on the other hand, filtering out the small proportion of goods
and people that need to be examined. Both are extremely important to the social cohesion and economic
wellbeing of Australia.
Australian Customs is currently re-engineering its computer
systems to communicate more easily with the importing and exporting community and at the same time is intent on
receiving electronically all relevant commercial information. The development of sophisticated profile engines
will allow Customs to identify high-risk shipments and will not impede the movement of cargo at the border.
In the passenger and cargo environments, new technology
such as X-ray, ionscan and national Closed Circuit TV systems are providing Customs with an edge and forcing transnational
criminals to use more imaginative and risky methods to import their contraband. Customs and Immigration have collaborated
and developed a passenger information system known as Advance Passenger Processing. The system allows Customs,
Immigration and police to identify people of interest at time of check-in at a foreign airport.
In June last year, the Customs Services of Australia,
New Zealand and the United States of America took a giant step forward by developing a secure Internet-based system
know as CAPERS (Customs Asia Pacific Enforcement Reporting System). It will provide secure
e-mail communications between all customs administrations.
The system will be trialed in the Pacific Basin and a number of South East Asian countries. CAPERS will provide
drug teams at international airports in Australia with opportunities to discuss operational activity on-line with
colleagues at airports in Vancouver, Los Angeles, New York, Honolulu, Tahiti, Bangkok and Tokyo.
Similarly, officers working in cargo and maritime targeting
areas will be able to instantly exchange information on unusual incidents that might lead to a detection of illegal
cargo. Following a two-year trial, administrators will look at inviting other law enforcement agencies to participate.
A topical issue in Australia and elsewhere is illegal
immigration.
In Australia, overall responsibility for illegal migration
rests with the Department of Immigration and Multicultural Affairs. Customs undertakes a number of activities on
behalf of Immigration including civil maritime surveillance and response as well as immigration processing at international
airports.
The Australian Prime Minister reacted immediately following
the undetected arrival in 1999 of two steel-hulled vessels on the east coast of Australia, ordering a major review
of coastal surveillance.
The review resulted in the development of much stronger
ties between Customs Coastwatch (Australia's coastal surveillance coordinator) and law-enforcement agencies such
as Customs, the Australian Federal Police, Immigration, Quarantine and Fisheries. The Government also provided
additional funding for new fixed and rotary wing aircraft as well the establishment of a National Surveillance
Centre in Canberra.
The Review also made a number of recommendations in
relation to enforcement and intelligence including the formation of a joint Australian Federal Police and Immigration
Task Force to investigate people smuggling. This team receives significant assistance from a wide range of Australian
and international agencies and has been very successful in targeting, disruption and prosecution of key figures
involved in people smuggling.
Customs continues to treat the detection of illegal
firearms in cargo, postal items and in air passenger baggage as a high priority.
Last year Customs, along with other detections, found
three semi-automatic pistols in the luggage of an air passenger as well as firearm parts concealed in a chocolate
block being imported in the international mail.
In Australia, Customs, Federal Police and Immigration
have realised that funding for additional resources will continue to be very competitive and therefore pooling
of expertise in the areas of intelligence collection and analysis, surveillance, response and apprehension is one
way to successfully combat the threat posed by transnational crime groups.
Customs is using state-of-the-art technologly in its
National Surveillance Centre (above) and in drug detection with Ionscan machines (top).
Cooperation between international and domestic law-
enforcement agencies has resulted in major drug seizures.
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