EU Customs Role in the Fight against Terrorism

Topics, I course II term

Customs Enforcement duties

Every customs administration has enforcement duties. Because of the increasing need to fight customs fraud (intellectual property rights violations, revenue fraud, and transshipment, for example), narcotics trafficking, money laundering, and export violation (trafficking in weapons and munitions, among others), customs agencies require a greater range of enforcement authority.

The WCO’s Expert Working Group on commercial fraud recommends the following set of enforcement powers: examination (compliance with the customs law); right of search (illegal importation and exportation); sampling; seizure; right to access documents; post-import and post-export audit; detention or arrest; charge; prosecution; restraint of assets; exchange of information and inquiries on behalf of other customs administrations

Proponents for greater enforcement authority and responsibility for customs offer two reasons: 1) efficiency and effectiveness and 2) morale of customs officers. First, customs is uniquely situated to enforce customs and other laws in border regions. It has the infrastructure to examine goods and people that move across the borders. It also has familiarity with cross-border activities. Risk management tools, information technology, and cooperation with other government agencies and other customs administrations enhance customs’ abilities to enforce customs and other laws at the borders.

Second, the advocates of a greater enforcement role for customs also claim that customs officers should be given the authority to search, detain, arrest, seize, and investigate people, goods and means of transportation because limiting customs’ enforcement powers to revenue collection would demoralize customs officers. They believe the practice of handling over the investigation to another government agency such as the police discourages customs officers from discovering violations at the borders. This, in many cases, results in a loss of incentives, such as additional salary benefits and social recognition, for customs officers.

EU Customs Role in the Fight against Terrorism

The terrorist attacks in New York, Madrid, Moscow, Beslan and London have changed the world in which we live. The fight against terrorism and protection of citizens has become for governments a strategic issue. We are facing a serious challenge – how best to defend our trading and transport systems from terrorism – and preserve the benefits which consumers and businesses derive from today’s systems. The European Council called for the protection of all forms of transport systems to ensure effective border control.

A particular security concern is the misuse of a container to smuggle a nuclear or radiological device. The EU Customs Security Program recognizes that security is one of the primary expectations of European citizens. So, it focuses on a common approach to border control. The program balances control with trade facilitation.

1) Traders are required to provide customs authorities with information on goods prior to import and export.

2) Reliable traders will benefit from trade facilitation through a special program (Authorized Economic Operator)

3) And finally, a mechanism for setting uniform risk-selection criteria is introduced.

This will help customs to carry out effective control of high-risk shipments by means of automated systems as well as new technologies.

Дата добавления: 2015-10-30