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CORE-Observatory

SUPPLY CHAIN SECURITY – CBP Needs to Enhance Its Guidance and Oversight of High-Risk Maritime Cargo Shipments, GAO, January 2015 (CORE1059)

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Summary: The report reviews the US Customs and Border Protection’s (CPB) approach to risk assessment and targeting of maritime shipping containers. The report’s highlights that CPB does not have clear decision rules and reporting procedures to monitor percentage of containers that the risk assessment system flags high-risk and that get eventually examined. The source of this problem is that the CPB’s officials (targeters) may waive examination of the high-risk containers if the container (i) falls within a predetermined category (standard exception), or (ii) the targeters can articulate why the shipment should not be considered high risk. The targeting units have currently differing definitions of “standard exceptions” and differing views on what constitutes the “articulate reasons.” The GAO report recommends the CPB to clarify, harmonize and enforce the rules and the procedures for waiving the high-risk containers from examination. As for CORE, this report provides a detailed and recent outlook on the US maritime risk assessment and targeting scheme, and this information is going to support work of the CORE’s risk cluster and the demonstrations that involve shipping of sea containers into the US. The report is available for download at: www.gao.gov/assets/670/668098.pdf.

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Full review: This GAO reports contains crucial information about the US risk assessment and container targeting systems that benefit the CORE’s risk cluster. The report outlines principles, procedures, datasets and scanning methods that constitute the world’s most advanced risk assessment system for maritime shipping containers. The CORE’s IT cluster might also benefit from the report’s description of the CPB’s Automated Targeting System (ATS) that is used to compute risk scores for shipping containers and flag the ones with the highest score as high-risk. Regarding the CORE demonstrations, the GM demon (WP19) must comply with data requirements (24-hour rule and the “10+2” rule) that enable the US risk assessment and targeting system. Also the demos involving customs controls, especially WP11.2 and WP10.1, may learn something from the ways how the US border control authorities are assessing risk levels of incoming containers.

Cross-references:

  • Supply Chain Security: CBP Needs to Conduct Regular Assessments of Its Cargo Targeting System. GAO-13-9. Washington, D.C.: October 25, 2012.
  • Maritime Security: Progress and Challenges in Key DHS Programs to Secure the Maritime Borders. GAO-14-196T. Washington, D.C.: November 19, 2013.
  • Supply Chain Security: Feasibility and Cost-Benefit Analysis Would Assist DHS and Congress in Assessing and Implementing the Requirement to Scan 100 Percent of U.S.-Bound Containers. GAO-10-12. Washington, D.C.: October 30, 2009.

Additional keywords: Security Filing and Additional Carrier Requirements (known as the 10+2 rule), 24-hour rule, risk assessment

 

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MARITIME SECURITY – Progress and Challenges with Selected Port Security Programs, GAO, June 2014 (CORE1019)

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Summary: The report provides a comprehensive review of progress and challenges of various port security activities and programs the Department of Homeland Security (DHS) has carried out since 9/11. In essence, the report is a summary and an update of a number of more detailed GAO reports on maritime supply chain security. The report states that needs to strengthen further its efforts on maritime domain awareness through intensified communication among maritime stakeholders. Regarding the US domestic port security, the report recommends DHS to reassess its Port Security Grant Program (PSGP) that allows ports to request funds for security projects and to improve quality of vulnerability assessment in US ports. The report also urges DHS to overcome challenges of risk-based targeting and scanning of US-bound shipping containers.  The findings and recommendations of this report help CORE consortium understand the current state of the US maritime security regime. This understanding benefits particularly the demonstrations of WP9 and WP14. Also educational and training as well as risk clusters of CORE may find the report’s information useful. The report is available for download at: www.gao.gov/assets/670/663784.pdf.

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Full review: This GAO document summarizes the US maritime supply chain security and provides useful information for the CORE project across its work packages. This information most obviously benefits WP9 and WP14 that involve US-bound maritime trade lanes. However, also the CORE’s risk cluster can find useful insight in the report, for example about challenges and opportunities of risk-based container targeting and screening approaches. This summary GAO document caters the needs of state-of-the-art work packages and the CORE’s educational and training cluster that aims to produce relevant and up-to-date material about supply chain security for a variety of stakeholders.

Cross-references:

  • Combating Nuclear Smuggling: Additional Actions Needed to Ensure Adequate Testing of Next Generation Radiation Detection Equipment. GAO-07-1247T. Washington, D.C.: September 18,
  • Supply Chain Security: CBP Has Made Progress in Assisting the Trade Industry in Implementing the New Importer Security Filing Requirements, but Some Challenges Remain. GAO-10-841. Washington, D.C.: September 10, 2010.
  • Supply Chain Security: CBP Needs to Conduct Regular Assessments of Its Cargo Targeting System, GAO-13-9. October 25, 2012.

Additional keywords: Maritime security, Port Security Grant Program (PSGP), risk-based controls, targeting, container scanning

 

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MARITIME SECURITY – Progress and Challenges in Key DHS Programs to Secure the Maritime Borders, GAO, November 2013 (CORE1018)

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Summary: This report is a summary of previous GAO reports on US maritime supply chain security and border controls. The report focuses on progress and challenges in four main areas of the Department of Homeland Security’s (DHS) activity on the maritime security. The report highlights that DHS and its component Coast Guard agency could improve its maritime domain awareness through increased information sharing and more advanced vessel-tracking systems. The Customs and Border Protection (CBP) in turn could step up its role in securing US-bound container traffic by conducting more frequent risk assessment audits in key foreign ports that ship cargo into the US and by fostering more close relationship with foreign authorities. The GAO report also recommends the Coast Guard to rethink its maritime surveillance, interdiction and security operations because current protection and support is not adequate in high priority locations. The report also calls for more collaboration and coordination among maritime authorities, port operators and ocean carriers. Finally, the report encourages the DHS to develop performance metrics and data collection procedures the agency uses to assess and monitor its maritime security programs and activities. This report gives a recent update on the US maritime security activities that might be helpful for CORE demonstrations and clusters. The report is available for download at: www.gao.gov/assets/660/659087.pdf.

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Full review: This summary GAO documents provides detailed background material about the US maritime security programs. This information is very relevant for the CORE demonstrations WP9 and WP14 that involve shipping cargo from and into the US. The information this document offers also help the CORE’s risk and IT clusters to learn lessons from the US approach to risk-based maritime security and security-related IT integration.

Cross-references:

  • Maritime Security: Ferry Security Measures Have Been Implemented, but Evaluating Existing Studies Could Further Enhance Security. GAO-11-207. Washington, D.C.: December 3, 2010.
  • Supply Chain Security: DHS Could Improve Cargo Security by Periodically Assessing Risks from Foreign Ports. GAO-13-764. Washington, D.C.: September 16, 2013.

Additional keywords: Maritime security, maritime surveillance, risk-based controls, targeting, container scanning

 

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MARITIME SECURITY – Ongoing U.S. Counterpiracy Efforts Would Benefit From Agency Assessments, GAO, June 2014 (CORE1017)

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Summary: This GAO report explains how the US government agencies have fought sea piracy around the Horn of Africa and at the Gulf of Guinea since 2010. The report also describes the current state of sea piracy threats in these two areas, and it urges US government agencies to reconsider their resource allocations, strategies and tactics related to the counterpiracy efforts. The report points out that the number of annual piracy incidents at the Gulf of Guinea has surpassed the yearly incidents off the Horn of Africa. This shift in pirate attacks prompt changes in the US counterpiracy operations. However, as the report points out, the US government agencies responsible for the counterpiracy activities have not recently conducted reassessments of their actions, despite the changing conditions. The report therefore recommends the US government agencies to re-evaluate the counterpiracy efforts, especially at the Gulf of Guinea that is becoming the most important hotspot of the international sea piracy. This GAO report provides information about modern sea piracy from which CORE’s maritime demonstrations might benefit. The report is available for download at: www.gao.gov/assets/670/664268.pdf.

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Full review: This GAO report delivers a comprehensive analysis of the current state of sea piracy at the two African hotspots and the US government’s counterpiracy efforts. This information benefits those CORE demonstrations that involve maritime shipping. The detailed description of the US counterpiracy efforts might also inspire the risk cluster to find effective and efficient risk-based solutions to protect maritime logistics and transport from sea piracy.

Cross-references:

  • Maritime Security: Federal Efforts Needed to Address Challenges in Preventing and Responding to Terrorist Attacks on Energy Commodity Tankers. GAO-08-141. Washington, D.C.: December 10, 2007.
  • Maritime Security: Actions Needed to Assess and Update Plan and Enhance Collaboration among Partners Involved in Countering Piracy off the Horn of Africa. GAO-10-856. Washington, D.C.: September 24, 2010.

Additional keywords: Maritime security, sea piracy

 

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Better Management of EU Borders through Cooperation, 2011 (CORE1114)

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Summary: This report by the Center for the Study of Democracy investigates existing forms of cooperation between Border Guards and customs administrations in the European Union. The study highlights obstacles to cooperation and proposes solutions and best practices for overcoming them. The study finds that despite the common policy interest on border agency cooperation and the associated pan-European standardisation efforts, the individual Member states decide the extent and forms of customs-border guard co-operation on their own. As a result, the current state of border agency collaboration and potential for improvements differ substantially between the member states. The main differences arise from the institutional set-up (e.g., number and roles of border control agencies), powers and competencies of the border control agencies, and the legislative basis (especially legal differences in terms of privacy, data protection and confidentiality of trade information). Download the report here: http://ec.europa.eu. Review by Toni Männistö (CBRA)

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Full review: The study concludes with a large number of recommendations for the European Union, the member states, and for the customs and border guards. The European Union should generate political will to act upon remaining challenges of border agency cooperation by creating awareness through public debates, communications and impact assessments. The EU bodies should act mediators to reconcile institutional interests of different border control agencies. The EU could also commission pilot projects on border agency cooperation, encourage joint training and increase funding of related research and development activities. Also the mandate of Frontex could be expanded to cover customs cooperation.

The individual member states should, according to the report, also mediate negotiations between border control agencies to overcome possible conflicts of interest. The member states should also evaluate impacts of various forms of customs-border guard cooperation.

The border guards and customs administrations themselves should identify and exchange best practices for strengthening their mutual collaboration. The agencies, the report recommends, should take responsibility for the pilot projects and for evaluating outcomes of the different forms of cooperation. To further improve the cooperation across the entire EU customs union, the customs and border control agencies should use Frontex more as their platform to conduct joint operations at the EU’s external border.

Reference: Center for the Study of Democracy, (2011), “Better Management of EU Borders through Cooperation”, Study to Identify Best Practices on the Cooperation Between Border Guards and Customs Administrations Working at the External Borders of the EU

 

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Collaborative Border Management in Thailand and Neighbouring Countries: Needs, Challenges and Issues, June 2013 (CORE2014)

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Summary: Thailand is interested in coordinated border management conceptualization and implementation like many other countries. There are, however, some special challenges that Thailand faces when the country tries to strengthen cooperation with its neighbouring countries. The reviewed document is available for download at: Collaborative Border Management in Thailand and Neighboring Countries: Needs, Challenges and Issues.

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Full review: The report proposes a set of recommendations for implementing coordinated border management:

  1. A policy approach is needed, in which control and facilitation are not considered as mutually exclusive. Agencies from Thailand and neighbouring countries should define a common framework for the operations, with the awareness of the importance of costs and time reduction.
  2. There is no key host for negotiations to develop rules and regulations on border crossings with neighbouring countries. The agencies, which should be involved in the decision making and integration process, have not been identified yet. The implementation of CBM needs a clear definition about the role of the agencies involved.
  3. One topic being discussed on the implementation of CBM is the screening of people who cross the border. In this case, it is necessary to define a government policy to enhance the efficiency in border crossing.
  4. Information technology. There is a lack of necessary databases, materials and equipment to improve the efficiency of people screening. Definitely, IT is one of the most important topics to be improved, and it is necessary to define a single system for screening and monitoring border crossings.
  5. The border check points lack standardized systems for managing public utilities and suffer from congestion. There is a clear need for a government policy that would standardize the border activities and improve border infrastructure.

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Transit electronic platform in Central America, December 2010 (CORE2013a and 2013b)

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Summary: The Inter-American Development Bank (IDB) reports that more than 95% of commercial goods in the Mesoamerican region are transported overland using the Pacific Corridor. This traffic represents approximately 6 billion USD worth of goods on a highway which runs from Puebla, Mexico to Panama and crosses six national borders. The problem with the Pacific Corridor is with unreliable, inefficient and substandard infrastructure. In 2008, to upgrade the inadequate infrastructure, the IDB launched a ambitious project called International Goods in Transit. According to the report, the results of the project were outstanding: average time to cross a border was reduced from 62 minutes to eight. The project also succeeded to reduce the number of documents that traders needed to submit to border control agencies.  The two reviewed files are available for download at: Interoperability at the Border: Coordinated Border Management Best Practices & Case Studies and Automating the Control of Goods in International Transit: Implementing the TIM in Central America.

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Full review: The solution, that the International Goods in Transit project produced, is basically an electronic system for managing and controlling the movement of goods in transit. The system builds on three main pillars that unlock better services at border crossing:

  1. Process reengineering: the system harmonizes multiple paper-based declarations into an electronic document. This digital file stores all data that customs, migration, and phytosanitary agencies need.
  2. Information technology: the project created a new intranet system that features state- of-the-art risk analysis and cargo control systems.
  3. Cooperation: the project promoted cooperation within the country and between the different agencies operating at border crossings in the Mesoamerican Region.

Important lessons learned from the project include the following:

  • Political support for harmonizing regulations and processes is critical. Real and full commitment from the highest authorities in every participating country contributes to a cooperative environment based on mutual trust. In the case of this project, the IDB supported the decision of governments to include the project as one of the priorities highlighted in the Joint Declaration of Chiefs of State at the Presidential Summit of Tuxtla in 2008. The choice of the project coordinator is also critical for the success of the project. The coordinator must have good relationships with top government officials and have the support of the participating countries, and naturally of the IDB.
  • The project involved large number of stakeholders that have their unique characteristics and interests and operate within their legal remits. The IDB project was designed in a way that changes in national laws and regulations were not necessary.
  • All relevant agencies should participate in the coordination and harmonization process.
  • Information technology should be flexible and open to modifications.

CORE2013a

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Integrated Border Management Strategy in Croatia, April 2005 (CORE2012)

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Summary: An Integrated Border Management (IBM) Strategy was written in Croatia in accordance with the guidelines of the European Union and in collaboration with international experts. This strategy and its implementation action plan was adopted by the Croatian government on the 21 April 2005. The reviewed document is available for download at: Strategy for Integrated Border Management (Croatia).

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Full review: The main objective of the Integrated Border Management (IBM) Strategy is to provide effective support for economic development of the country and to raise the standard of living of citizens. The strategy also seeks to protect life and health of people and their property from cross-border crime. Integrated Border Management requires participation of many government agencies, including border police, customs, border veterinary service, border phytosanitary service, border sanitary service and the state inspectorate. Many times also state authorities in charge of culture, mining and radiation protection contribute to the IBM Strategy formulation and implementation.

As part of the Strategy, the Croatian government created a new interdepartmental working group. The primary objective was to facilitate cross-border traffic through reduction overlapping border control activities. The working group eliminated duplicate processes by aligning responsibilities of border control agencies and by exploiting the time of the relevant synergies between relevant governmental bodies. The working group launched initiatives in following areas:

  • Delegation of power from one border control authority;
  • Information sharing (apart from Single Window);
  • Coordination of passenger and crew movements;
  • Joint controls Joint controls (including joint examinations); and
  • Coordination of law enforcement activities.

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Cooperation experiences of the Canada Border Services Agency, July 2012 (CORE2011)

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Summary: The Canada Border Services Agency (CBSA) has a dual mandate (1) to facilitate cross-border movements of cargo and people and (2) to protect security and safety of the Canadian people. The agency seeks to provide integrated border services, by closely cooperating with other Canadian border control agencies as well as with foreign customs administrations. The reviewed document is available for download here: Customs Cooperation Case Study for Canada.

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Full review: Forms of cooperation depend on needs of the partner agencies, but the cooperation typically includes:

  1. Participation in and cooperation with international organizations: CBSA participates and cooperates in various committees and working groups, especially as part of the WCO, WTO and Asia-Pacific Economic Cooperation.
  1. Technical Assistance and Capacity Building (TACB): The CBSA is an active contributor to least-developed countries and global capacity building such as the Columbus Programme from the WCO. CBSA´s TACB focuses on two areas: (i) senior decision makers seeking to modernize their border administration and (ii) technical level design for operational and field personnel.
  1. CBSA Liaison Officers: Canada has over 60 liaison officers in more than 40 countries around the world, who are in charge of cooperation-related tasks including training transport personnel and combating fraud.
  1. CBSA Science and Engineering Directorate (Lab): Multilaterally, the Lab helps to disseminate information and intelligence on new trends in critical areas including narcotics. Bilaterally, CBSA Lab expertise and best practices have contributed to contraband detection, while supporting multiple countries in exploiting new instruments and technologies.
  1. Customs Cooperation with the United States: After the September 11, 2001 event, Canada and US increased security and compliance measures that obviously slowed down cross-border trade and travel. To reduce such negative impacts, both countries signed the Smart Border Declaration in 2001, and engaged in the Security and Prosperity Partnership in 2005. The CBSA and the US Customs and Border Protection (CBP) developed the Framework for Co-operative Border Management, that aimed to enhance facilitation while maintaining security, and managing risk by dealing with threats as close to the point of origin as possible. Other US-Canadian cooperation forms have been developed with the objective of expanding and enhancing the benefits of trusted trader and traveller programs; coordinating investments in infrastructure and technology; simplifying business reporting requirements; enhancing screening of cargo and travellers at the perimeter to improve facilitation within the both countries; improving information sharing between both governments; and eliminating double inspections for air cargo and passenger baggage.

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C-TPAT Program Benefits Reference Guide, 2014 (CORE1032)

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Summary: This guidebook outlines the key elements and benefits of the Customs-Trade Partnership Against Terrorism (C-TPAT) program that is designed to secure global supply chains and to improve United States border security. Document is available at: https://www.cbp.gov/sites/default/files/documents/C-TPAT%20Program%20Benefits%20Guide.pdf (link tested on 3 March 2016)

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Full review: C-TPAT partners receive a wide range of benefits listed below:

  • C-TPAT Partners are examined at a considerably lower rate than non-C-TPAT Partners.
  • C-TPAT certified/validated highway carrier Partners are granted expedited border crossing privileges. C-TPAT Partners at many Canada/Mexico land border ports of entry have access to Free and Secure Trade (FAST) Lanes.
  • Some categories of C-TPAT importer Partners are exempt from stratified exams.
  • C-TPAT shipments subject to examination are moved ahead of any non-C-TPAT shipments, to the extent possible.
  • In the event of a significant disruption/delay in cargo processing operations, actions are taken to maintain communication and coordination with C-TPAT Partners for business resumption.
  • C-TPAT Partners’ trade compliance issues are given priority over those issues related to non-C-TPAT Partners.
  • Each C-TPAT Partner is assigned a Supply Chain Security Specialist (SCSS) who coordinates between the C-TPAT Partner and the US Customs and Border Protection agency (CBP). The Specialist also assists the Partner with supply chain security issues.
  • Partners have access to the C-TPAT’s automated Portal system, to communicate with CBP and exchange program related information in a secure manner.
  • C-TPAT Partners are eligible to attend C-TPAT events like the annual Conference and other training seminars organized by the program.
  • C-TPAT importer Partners are eligible to participate in the Importer Self-Assessment (ISA) Program.
  • The Penalty Mitigation benefit is granted to sea carriers for late submission of data required under the Importer Security Filing requirements.
  • C-TPAT members are eligible to participate in other U.S. Government pilot programs, such as the Food and Drug Administration’s Secure Supply Chain program.

In addition, some benefits are associated with Mutual Recognition Arrangements (MRAs) when two customs authorities formally acknowledge the security requirements or standards of one program, as being equivalent to the other program. Some of the resulting benefits to the trade community are illustrated below:

  • C-TPAT importer Partners that also conduct export operations and Partners of the foreign Customs Administration programs (manufacturers and exporters of record) are granted a reduction in their overall cargo risk score, implying fewer examinations at export and import ports.
  • A C-TPAT validation for an overseas partner is not required if an MRA is in place because CBP recognizes the status of the Partner in the foreign partnership program.
  • Companies covered by MRAs need only to comply with a common set of security requirements, avoiding the hassle of following multiple sets of requirements from one partnership program to another.
  • MRAs lead to more transparency in international commerce. Mutual exchange of information between these partners facilitates trade across Mutual Recognition Partner nations.

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