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Hold on, before blaming it on the OGAs!

It is common since many years already that the global customs community is pointing their “blaming finger” to other government agencies – OGAs – when it comes to identifying root causes behind too long cargo release times at sea ports and other border crossing points, high costs for importers and exporters to conduct international trade, and so forth. Now, without denying this as a plausible scenario, the CBRA research team proposes to take one step backwards, by first building a solid framework for analyzing and deeply understanding what is actually happening at the borders with Customs and all the other agencies, before rushing to conclusions on “who is to be blamed for poor / expensive cross-border performance…”. Therefore – for both educational purposes (FP7-CORE, work package 19.1) and for analytical purposes (Border Agency Cooperation study with the Organization of Islamic Cooperation, OIC), we have produced the following “universal border control task list” – naturally understanding that a perfect single universal list cannot exist. The list is first exploited during April-May 2016 in the OIC Embassy survey (here in Switzerland), to explore who is responsible for specific cross-border controls in various OIC member countries, and to what extent customs is performing tasks on behalf of other (border) agencies. Later, we plan to use the this as a “de-facto border agency control check-list” in our future studies, across the globe.

Again, the first step before analyzing which agencies to blame, is all about understanding what are the typical cross-border control tasks all about, considering all three task categories:

  • Border control tasks which typically cover all commodities;
  • Border control tasks which typically focus on specific commodities; and
  • Other border agency control areas.

 

Now, lets go through all three of them, starting with the first one, and followed by the other two:

Border control tasks which typically cover all commodities:

  • Calculation and collection of indirect border taxes:
    • customs duties
    • sales / value added taxes
    • excise taxes
  • Calculation and collection of other import/ transit/ export fees and taxes (e.g. environmental fee at export)
  • Compilation of trade statistics

Border control tasks which typically focus on specific commodities:

  • Control of import quota restricted products
  • Calculation and granting of export subsidies
  • Control of product safety / conformity of goods / trading standards (please separate agencies per product category, if necessary)
  • Control of food, drinks, cigarettes, pharmaceuticals (including for general health and safety purposes)
  • Control of energy related materials / products (e.g. oil and coal, could be for export taxation purposes etc.)
  • Enforcement of intellectual property rights / fight against copyright infringements / anti-counterfeit
  • Control of plant diseases, pests and extraneous species (i.e., phytosanitary controls)
  • Animal quarantine and controls (i.e. veterinary controls, including pet controls)
  • Control of any biohazards (including deliberate ones)
  • Control of CITES protected species (i.e. endangered fauna and flora)
  • Control of natural resources under license requirements, harvesting quotas etc. (including specific fish, wood, minerals, diamonds etc.)
  • Control of cultural artifacts (stolen / looted, and/or illicitly traded)
  • Control of any stolen goods (including vehicles, machinery, cargo etc.)
  • Fight against drugs / illicit narcotics trafficking (including pre-cursors)
  • Control of waste flows (including those in the Basel Convention on transboundary movements)
  • Control of dual use / strategic goods
  • Control of dangerous goods / hazardous materials
  • Control of explosives and weapons:
    • explosives (including pre-cursors)
    • small arms and light weapons
    • defense / war materials
  • Control of nuclear and radioactive materials

Other border agency control areas:

  • Conveyance / cargo transport security and safety controls:
    • for maritime, including sea ports
    • for aviation, including airports
    • other modes: road, rail, inland waterways etc.
  • Traveler, crew and immigration controls:
    • visa and passport controls
    • trafficking of human beings and people smuggling
    • asylum seekers
    • passenger cars and vehicles in terms of temporary admission
  • Control of weight of cargo (including for road safety purposes)
  • Cash controls (cash smuggling and counterfeit currency)
  • Cyber security (customs and supply chain IT systems, critical infrastructure IT etc.)

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Dear CBRA Blog and CBRA Monthly readers: we kindly invite your inputs to make the list more comprehensive / better in the future, so please send us an email with your ideas, to cbra@cross-border.org . And thanks already now to the multiple experts from national Customs administrations and international organizations for your valuable help so far– it has been great working with you on all these studies, keeping them as pragmatic as possible… (detailed acknowledgements will be published later). And it goes without saying that soon we will start looking on the next-step aspects on customs versus other government agencies, in the context cross-border supply chain costs and delays – please stay tuned for more!

SIECA delegation visiting Europe in June 2015

I had a great pleasure to be the lead host for a 12 person SIECA delegation visit to Europe in June 2015. We spent two days in the Netherlands, one day in Belgium and two days in Switzerland in an action-packed tour, visiting several border areas, governmental offices and beyond.

The idea to organize a one-week customs and international trade visit tour to Europe first came when Mr. Roman Stoll from the Federal Customs Administration of Switzerland and I paid a four-day visit at the SIECA Secretariat in Guatemala City in March 2015. There we had several meetings and discussions on World Trade Organization´s Trade Facilitation Agreement, WTO TFA, implementation plans with the SIECA management – Ms. Carmen Gisela Vergara Mas and Mr. Javier Gutierrez; with Customs management and experts from all the six SIECA member countries; and with representatives of the Intra-American Development Bank. Some weeks after the Guatemala-visit, SIECA and IDB confirmed the willingness to come over to Europe, to learn about good practices in international trade, supply chain and border management in the Netherlands, Belgium and Switzerland. And after couple of hundreds of emails and phone calls – myself acting as the focal point in arranging the visit – we were ready to welcome the SIECA Delegation to Europe between Monday 1 June and Friday 5 June, 2015.

blog 22.03.20161Monday-Tuesday we had a full agenda in the Netherlands. Monday started by presentations on Dutch Customs in general, and Schiphol Customs in specific, focusing on risk management, coordinated border management, and the SmartGate solutions at the Schiphol Airport. This was followed by a roundtable discussion with representatives from the Dutch Ministries of Foreign Affairs and Economic Affairs, as well as with an expert from the air cargo industry. During Monday the SIECA delegation gained firsthand knowledge for example on One-Stop Shop (OSS) implementation steps in the Netherlands: Step 1. Information exchange; 2. Joint inspections; 3. Training specialists; 4. Joint risk analysis by both inspections and selection by Customs; and Step 5. One inspection inspects for the other. The program on Tuesday consisted of a tour in Port of Rotterdam, at the APM 2 Container terminal; as well as a visit to the Central command post of nuclear detection and an X-ray container scanner. In between we had a typical “Dutch sandwich” lunch, kindly offered by the hosts. The delegation enjoyed seeing the ultimate high level of automation at the new container terminal, as well as visiting a pragmatic “one stop inspection room”, where multiple border agencies work together inspecting containers flagged for manual inspections.

Wednesday was spent in Brussels, Belgium. In the morning, the trade representatives of the SIECA Delegation went to the European Commission, DG TRADE, for EU-SIECA related discussions. In the afternoon, most of the delegation visited the World Customs Organization, where the meeting started with discussions with the WCO Secretary General Dr. Kunio Mikuriya and the WCO Deputy Secretary General Mr. Sergio Mujica. This was followed by a presentation on WTO Trade Facilitation Agreement and the linked WCO Instruments, by Ms. Heike Barczyk, the Deputy Director of Compliance and Facilitation Directorate at the WCO. Lastly, we had a brief presentation and roundtable discussions on the European Flagship Supply Chain Security Research, Development and Demonstrations project called FP7-CORE. This discussion was joined by Mr. Nik Delmeire, the Secretary General of the European Shippers Council; Ms. Nicolette van der Jagt, the Secretary General of CLECAT, the European association for forwarding, transport, logistics and customs services; and myself, Dr. Juha Hintsa, Founder of the Cross-border Research Association. After the meeting at WCO, it was time to fly from Brussels to Basel, Switzerland.

blog 22.03.20162Thursday-Friday we had a packed program in Switzerland. Despite some “navigation challenges” with our three-car convoy, we arrived on time from Basel to Bern at the Directorate General of the Federal Customs Administration. We heard several interesting presentations focusing on performance mandate, tasks and strategy of Swiss Customs; on international affairs section and it’s relevant international cooperation program; on shifts from traditional revenue collection to environmental and incentive taxes; and on strategy and challenges regarding future customs clearance systems and platforms – all this by three top experts from Swiss Customs. I presented the outcomes of Swiss Customs and Cross-border Research Association -visit to SIECA in March 2015, suggesting some specific areas and priorities for future co-operation activities. Next, the Delegation visited the Federal Department of Foreign Affairs, where the discussions focused on Swiss foreign policy in Central America and bilateral cooperation Switzerland – Central America; as well as on political and economic regional integration in Central America. After a quick photo session on the Bundeshaus terrace facing over River Aare, our journey continued towards the Swiss Customs facilities at the Zurich Airport. Again, there were some “logistics challenges” on the way to Zurich, when one of our three cars suddenly lost all engine coolant – fortunately a gas station was close by, and a road service company (car + mechanic) happened to be there. At the Zurich Airport, the SIECA Delegation learned a lot of details about Swiss Customs operations with air cargo and passenger flows. And as the last agenda item, we met a cute black Labrador retriever, who together with his trainer showed how effortlessly he finds illicit goods hidden in air cargo boxes and pallets…

On Friday morning – last day of the journey – we had again an early wake-up call at our hotel in Basel. We were warmly welcomed by Swiss Customs Officers at the Basel/Weil- Motorway border-crossing point – the highest volume customs clearance point in Switzerland. First the hosts explained about facts and figures on Basel/Weil, topped with interesting information on customs risk management processes and IT-systems. Now we all know that on average 3500 trucks cross the Basel/Weil border per day, and that around 600 million CHF is collected annually as indirect taxes at that border crossing point. After that we took a rooftop view over the border area premises, discussing further Import/Export/Transit -procedures, as well as visited the Swiss Transito-Cabins / Checkpoints. From the motorway we drove to the Swiss Customs House at the Basel Port, visiting the famous tri-border-point between Switzerland, Germany and France. There the Delegation learned about the barge traffic on River Rhine – the same river we saw three days earlier at Port of Rotterdam. From the Basel Port, we drove again to Bern, this time to visit the State Secretariat for Economic Affairs, SECO. Lively discussions took place on the SECO rooftop meeting room on topics including EFTA – Central American FTA, as well as Bilateral Economic Relations Switzerland – Central America. And after lunch kindly offered by SECO, we headed towards Geneva for the final meeting of the week: World Economic Forum, WEF, where we all arrived just in time to learn about the organization and the key activities of WEF, including: the work of the WEF in Latin America, with updates from the Latin American Summit; and, the work of the WEF on trade and investment policy and implementation, including Policy Directions, Enabling Trade Index, Enabling Trade implementations. The United Nations Economic Commission for Europe, UNECE, was kind enough to explain about latest developments and trends in single window projects and implementations. And lastly, I shared briefly select work on trade facilitation and supply chain security research and education materials by the Cross-border Research Association and HEC University of Lausanne.  I highlighted the important developments taking place within the FP7-CORE project – referring naturally to our meeting two days earlier at the World Customs Organization.

This concludes the brief summary of the SIECA week in Europe, and now I would like to thank all the SIECA Delegation members for coming over and spending the five days with us, here on the old continent:

  • Costa Rica: Mr. Jhon Fonseca, Vice Minister Foreign Trade; and Mr. Luis Fernando Vasquez Castillo, Costa Rica Customs.
  • El Salvador: Mrs. Luz Estrella Rodriguez, Vice Minister Foreign Trade
  • Guatemala: María Luisa Flores Villagran, Vice Minister Foreign Trade; and Mrs. Maria Elisa Chang, Guatemala Customs.
  • Honduras: Jeronima Urbina, Director of Economic Integration
  • Nicaragua: Eddy Aldolfo Artola Garciá, Director Risk Management of Nicaragua Customs.
  • Panama: Melitón Arrocha. Minister Foreign Trade; Mrs. Diana Salazar, Vice Minister Foreign Trade; and Mr. José Gómez Núnez DG of Panama Customs.
  • SIECA Secretariat: Carmen Gisela Vergara Mas, Secretary General
  • Intra-American Development Bank: Mr. Jaime Granados

And last but not least, warmest thanks to all the local hosts: Dutch Customs Administration; Dutch Ministry of Foreign Affairs; Dutch Ministry of Economic Affairs; European Commission DG TRADE; World Customs Organization; Federal Customs Administration of Switzerland; Federal Department of Foreign Affairs of Switzerland; State Secretariat for Economic Affairs of Switzerland; and World Economic Forum.

CBRA Blog by Juha Hintsa

blog 22.03.20163PS. If your country / region would be interested on a similar European field visit, please contact us – we could organize the practical details for the next delegation, possibly every 1-2 years (of course the actual hosts need to agree to the visit in the first place, that goes without saying…). And one final note: next time a bus and a professional driver need to be rented, please!

 

FP7-CORE Education – Two new diagrams

Today’s CBRA Blog presents two new diagrams which have been recently designed and developed in the context of FP7-CORE Education and training work (Work package 19.1). The information visualized in the diagram is based on CBRA’s supply chain security research work since year 2001, particularly from the past 5-6 years.

Some background information on the first diagram of crime types in global supply chains has been presented before for example in CBRA’s Blog of 13 October 2014 – Crime taxonomies from Athens. In the center of this diagram we list the crime types – including document fraud and cybercrime – which in the supply chain criminal context are performed in order to succeed with the actual economic or ideological crime, e.g. cargo theft or terrorism.

The left area of the circle lists four examples of crime types, which typically are of primary concern for supply chain companies: cargo theft, sabotage, parallel trade and product specification fraud. With such crime types it is commonly up to the companies to prevent, to detect and to react – of course, law enforcement agencies can be called for any time there is reasonable suspicion of such activities (and naturally in certain cases the government agencies may even be the first ones to detect and react, e.g. in case of armed robberies and truck hijackings).

The right area of the circle deals with supply chain incidents where the authorities typically focus on prevention, detection and reaction: fraud in indirect border taxes; trafficking / violations in cross-border restrictions and prohibitions; human trafficking; and exploitation of illicit labor. From supply chain perspective one can characterize them as “a priori non-disruptive illegal activities – only if / after authorities detect the violations, the supply chain is disrupted and the involved supply chain companies can get in trouble”.

Lastly, on the bottom area of the circle, we list four supply chain crime areas where the prevention typically is in strong interest of both supply chain companies and governmental agencies – and, the detection and (instant) reaction varies on case-by-case basis: counterfeiting, sales channel violations, sea piracy and terrorism. Counterfeiting hits revenues on both sides of the equation, and, with many products can also be health damaging or even lethal. Not having proper sales licenses, and/or selling to unauthorized buyers – for example cigarettes and alcohol, dual use and strategic goods etc. – can again harm both the involved companies and the society as a whole. And of course, sea pirates hijacking cargo ships; bombs exploding and bringing planes down; and terrorists attacking critical supply chain infrastructures, all are in the best interest of both companies and government agencies to prevent, to detect, and to react – in the fastest and most effective possible manner.

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The second new educational diagram below depicts the negative socio-economic impact areas – six in total – caused by twelve typical smuggling and trafficking activities. The data behind it has been presented before e.g. in CBRA’s Blog of 14 January 2015 – Socio-economic damages. Inside the square we present the six societal impact areas – the larger the area, the more links there are between the trafficking activities and the negative impacts. As an example of a “big area”, seven different types of trafficking typically lead into increasing market place distortions and/or unfair competition. In the other extreme, only trafficking in stolen cultural products leads to losses in cultural heritage.

blog10.03.162

That’s all for the CBRA Blog today – please let us know if you see this type of visualization as beneficial when teaching and learning about the big picture of supply chain security!  Thanks, Juha Hintsa ( email: cbra@cross-border.org )

CORE-Observatory

Analytical method to identify the number of containers to inspect at U.S. ports to deter terrorist attacks (CORE1204)

Summary: The requirement for 100% container scanning has been a burning topic, since U.S. Department of Homeland Security issued the initiative in order to prevent terrorists from smuggling weapons of mass destructions into the U.S. The paper explores how much it is reasonable to come down from the 100% inspection rate, if deterrence and cost of retaliation are considered in the model. Deterrence means the power to dissuade an attacker from attempting to smuggle weapons as opposite to use coerce or compel.  Retaliation cost describes the cost incurred by an attacker e.g. due to dismantling the attacker’s network. It is assumed the defender discloses in advance how many containers are inspected. The paper can be viewed here: https://www.researchgate.net.

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Full review: The study provides an economical model based on the game theory to estimate the optimal inspection rates in order to deter perpetrators from smuggling weapons into the U.S. The model assumes the customs or Border agency aims at minimizing the expected damages and cost of inspections while perpetrators are simultaneously trying to maximize their rewards. The used parameters are number of attackers, estimated damages, the cost of inspecting a container, the cost of a smuggling attempt, the cost of retaliation and the probability of detecting weapons. Retaliation cost describes the cost incurred e.g. due to dismantling the attacker’s network.  Cost of a smuggling attempt are the costs of acquiring, developing or manufacturing the weapons, and any logistical costs required to smuggle them into the U.S.  It is assumed the government agency announces publicly the inspection level and set of retaliation policies. Retaliation policy must pose a credible threat that means the governmental agency would retaliate even if that were not economically justified.

The study has four main limitations. First, the paper does not describe under what conditions the model works well or poorly. The quality of strategic and tactical intelligence, the efficiency of criminal investigation and prosecution processes, the extent of inter-agency cooperation and information sharing, the degree of private sector involvement and successfulness of awareness campaigns on retaliation policies are probably factors that influence on the model and its parameters. Second, the study does not provide numerical estimates to the parameters such as detection rates and cost of retaliation. Third, it is very unlikely that weapons of mass destructions are transported in containers into the U.S., what makes it difficult to assess the usefulness of the model in real life cases. Forth, costs of retaliation are not calculated and published by law enforcement agencies, thus criminals cannot make decision based on financial risks.

Despite of these limitations the CORE project can adapt the game theory and benefit from the paper. Traditionally law enforcement agencies highlight the number of seizures, arrests and successful prosecutions to measure operations and their impacts. The presented model brings two interesting components, a cost of crime attempt and a cost of retaliation. If criminal activities are financed and managed based on the same principles like legal ones, expected losses due to seizures of illicit goods or drugs are very likely calculated in the criminal business models. Consequently, making criminal business unprofitable is key to stop criminal activities. The approach enables to model the dynamic between costs and rewards from viewpoints of both law enforcement and criminal actors. In the other words, the model makes possible to study two dimensions in the Innovation Agenda, societal costs and friction costs caused by implemented security measures.

Reference: Bier, Vicki M. & Haphuriwat, N. (2011). Analytical method to identify the number of containers to inspect at U.S. ports to deter terrorist attacks. Annals of Operations Research, 187(1), 137–158.

 

CORE1204

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Supply chain security culture: measure development and validation, 2009 (CORE1200)

Summary: Supply chain security culture (SCSC) is as an overall organizational philosophy embracing norms and values that keep employees vigilant when performing supply chain security practices. The article presents a scale that makes possible to gauge supply chain security culture and its correlation to organization’s ability to respond to unexpected disruptions. Employees are asked to assess two topics: security strategy of the company and impacts of significant supply chain breech to business operations. According the study improved supply chain security culture makes company more resilient against major disruptions. This research helps executives to justify their expenditures on security efforts. The reviewed document can be purchased here: http://dx.doi.org.

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Full review: Researchers have stressed the importance of having an organizational culture that highlights proactivity and vigilance toward supply chain security breaches. In security-focused supply chain management environment workers are empowered to detected and handle supply chain security threats without seeking formal permission from supervisors and managers. Company security strategy gives specific attention how SCS concepts are embedded into firm processes and procedures. Alignment with organizational culture and business or corporate-level strategies is believed to result in enhanced organizational performance. In addition, organization culture encompasses supply chain continuity management. The paper presents a scale for measuring supply chain security culture defined as the overall organizational philosophy that creates supply chain security as a priority among its employees through embracing and projecting norms and values to support secure activities and to be vigilant with security efforts.

The study makes possible to assess how implemented FP7-CORE security technologies, tools and practices influence on supply chain resilience based on the perception of company managers and employees. The article gives also guidelines how to develop survey forms and protocols in order to assess the influence of implemented security measures on other KPIs such as supply chain visibility and reliability. The survey tools based on perceived operational and organizational changes complete toolbox to measure impacts of introduced security interventions.

Reference: Zachary Williams, Nicole Ponder, Chad W. Autry, “Supply chain security culture: measure development and validation”, The International Journal of Logistics Management, Vol. 20 Iss: 2, pp.243 – 260

 

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A Decade of GAO’s Supply Chain Security Oversight, 2015 (CORE1113)

Summary: The US Government Accountability Office (GAO) is an independent government watchdog organization that has been publishing many reports on the US government’s supply chain security initiatives over the past ten years. This article reviews 25 most relevant GAO’s reports that discuss strengths, weaknesses and future challenges of the US policies and regulations on supply chain security. The review findings reveal interesting facts about similarities and differences of the US and the EU approaches to supply chain security. This comparison opens new venues for further Transatlantic benchmarking as well as harmonisation and mutual recognition of supply chain security programs. This review was conducted as part of European FP7-Project CORE.  The reviewed document is available for download here: https://hicl.org. Review by Toni Männistö (CBRA)

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Full review: The GAO reports suggest that the US administration has been struggling with effective performance monitoring and auditing of its supply chain security initiatives. The reports indicate that there is some confusion about costs of security initiatives for the government and for the business community. There is also a lack of common understanding about the actual benefits of many of these programs. The GAO reports also urge US government officials to adopt risk-based approach to supply chain security, for example to use information and intelligence to assess risk levels of specific shipments, people, trading companies, and other entities, and then employ security solutions that are commensurate to the risk level. The GAO reports also emphasize the importance of involving the industry in the process of defining new policies and regulations.

Altogether, the review team found that the GAO documents are not only highly relevant for SCS management and governance but also of high quality. The study concludes that it might be useful for the EU to establish a quality-assurance organization similar to the US GAO. This new EU body would oversee spending of the EU and its member states on supply chain security programs and projects and this way improve efficiency of such investments.

Reference: Männistö, T., and Hintsa J., (2015), “A Decade of GAO’s Supply Chain Security Oversight,” Proceedings of the Hamburg International Conference in Logistics (HICL), September 24-25, 2015, Hamburg

 

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

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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Interviews

Interview with Dr. Vittoria Luda di Cortemiglia

CBRA Interview with Dr. Vittoria Luda di Cortemiglia, Program Coordinator with the Emerging Crimes Unit at the United Nations Interregional Crime and Justice Research Institute, UNICRI, Torino, Italy.

Hi Vittoria, and thanks for joining a CBRA Interview – can you first tell a bit who are you and what you do?

I am the Programme Coordinator of the UNICRI Emerging Crimes Unit. Since joined the U.N. in 2001, I have been in charge of the coordination of a number of applied-research programmes in the field of illicit trafficking and emerging crimes, including environmental crimes, cybercrimes, counterfeiting, and organized crime in general.  I am UNICRI Focal Point for Strategic Approach to International Chemicals Management, SAICM, as well as UNICRI Focal Point within the UN Inter-Agency Coordination Group on Human Trafficking, ICAT.

Can you explain us bit more about UNICRI, including the governance model and the research areas?

UNICRI is a United Nations entity created by the Economic and Social Council of the United Nations, ECOSOC, in 1967 to assist Intergovernmental, Governmental and Non-Governmental Organizations in formulating and implementing improved policies in the field of criminal justice. The Institute is part of the United Nations Crime Prevention and Criminal Justice Program, which report annually through the UN Commission on Crime Prevention and Criminal Justice, CCPCJ, to the ECOSOC.

UNICRI is involved in research projects and capacity building activities in a broad number of areas, ranging from environmental crimes; human trafficking; trafficking in goods and products – including precious metals, pesticides, counterfeiting as well as chemicals, biological, radiological and nuclear risks; terrorism and foreign fighters; hate crimes and hate speech; cyber-security; urban security; violence against women; and, maritime piracy.

UNICRI, CBRA and other partners have just finished a 2-year FP7-project called CWIT, focusing on identifying and quantifying criminal and non-compliance problems and proposing solutions against illicit trade and logistics in electronic waste materials. What was the biggest thing you learned during the project, and which of our recommendations you find as most important when moving to the future?

The CWIT project has been a great experience from a personal as well as professional point of view, as gave me the possibility to work side by side with a number of wonderful professionals from the WEEE industry, enforcement agencies, international organisations, lawyers, academia and consultants specialised in supply chain security.

The objectives of the project were quite ambitious, as CWIT aimed at identifying the policy, regulatory, procedural and technical gaps as observed in today’s business environment, and at suggesting tangible improvements. The CWIT team produced set of recommendations to support the European Commission, law enforcement authorities and industry practitioners in countering the illegal trade of WEEE in and from Europe.

With regards to the recommendations which I consider particularly important are the ones related to the necessity of establishing robust and uniform legal framework and relevant implementation. As mentioned in the final CWIT report, without a clear and comprehensive legislative base, enforcers and prosecutors are powerless to address illegal WEEE flows. At the very minimum, a clear and global definition of what constitutes WEEE is the basis for improving detection, inspection, and enforcement and sentencing rates related to illegal WEEE trade.

In parallel, harmonisation and enhancement of penalty system is needed to increase the effectiveness of the existing legal framework.  In fact, penalties for the illegal trade in e-waste vary greatly in terms of monetary fines and prison durations. Today, the participation in WEEE illegal activities does not appear risky to offenders due to the low probability of being prosecuted and sentenced. Even when successfully prosecuted, penalties foreseen in legislation and penalties applied in court decisions are typically very low. For these reasons, it is important to also enhance prosecuting and sentencing, so that WEEE trade and environmental crimes in general are not considered a low- priority/low sentenced area.

UNICRI kindly invited CBRA to Torino last October to join a 2-day workshop on “Illicit Pesticides, Organized Crime and Supply Chain Integrity”. Can you elaborate on this emerging supply chain crime area, including about the estimated size and the negative socio-economic consequences of the problem?

Illicit pesticides cover a wide variety of products, including obsolete pesticides, unauthorized imports, counterfeit or fake pesticides; re- or up-labelled pesticides and refilled containers. Estimates of the illicit pesticides penetration of the legal market range from 10 to 25% – both in the EU and at international level-, representing several billion annually (USD 6-10 billion at global level and USD 1.1 billion at European level).

Besides the evident risks for human safety and health and environmental risks, illicit pesticides also pose serious threats to the economies and security. The agricultural market is extremely important for a large number of countries and companies and might be jeopardize by the introduction of illicit pesticides which can deeply affect the local and national economies. The economic losses have multiple sources and victims and long-term consequences, in particular possible loss of harvest/crop, soil and water contamination affecting the cultivable lands, decrease in innovation, reputation challenges with a decrease of exports, etc. The penetration of the pesticides market by criminal actors, including organised crime groups attracted by high profits and low risk of detection, prosecution and sentencing is another worrying trend.

Do you foresee opportunities for future research projects in the field of illicit pesticides?

Many national and international actors are becoming more and more aware of the threats posed by illicit pesticides to the legal supply chain. The attention and awareness of the problem is increasing at international level. In particular, the World Customs Organisation and the Organisation for Economic Co-operation and Development are becoming increasingly active in the field and it would be interesting to establish joint actions so as to raise awareness, capacities and response to secure the legal supply chain of such products. Indeed, through this research, we realised that the issue of illicit pesticide is neither well acknowledged nor well-documented. Our study is one of the first detailing the mechanisms and trends in the trafficking of illicit pesticides, the involvement of criminal actors, networks and organised crime groups and related criminal activities, as well as identifying the risks for the supply chain and pesticide markets.

UNICRI is very interested in continue working with partners, including CBRA, on this issue. The report details a number of initiatives which UNICRI stands ready to launch supporting countries in addressing the challenges of illicit pesticides, in particular research, raising stakeholders’ awareness, training and technical assistance programmes, supporting in capacity building activities and reinforcing national and international cooperation.

Thanks Vittoria for this interview – and we are of course more than willing to join a project-team on this highly important illicit pesticides trade and supply chains -topic

Criminalization of global supply chains, by Mr. Hamon

Hi David, and thanks for joining a CBRA Interview – can you first tell a bit who are you and what you do?

I served in the US Army as a logistician, served with the United Nations Peacekeeping Department as well as work with the UN humanitarian organizations.  I recently retired from a not-for-profit government contractor to pursue more creative work.  Whilst at the latter position I was seconded to the US Defense Department, first in African Affairs, and then as Research and Studies Director for a strategic studies office within a US Defense Agency.  I currently work, mostly independently, on a great many things related to future threats and re-defining of security/stability as it pertains and impacts diplomacy, development, defense, society, and economics/finance.

We met first time in Lausanne, Switzerland, around 2005 – what was that roundtable event again about?

Many years before cyber based terror threats were on the radar, we launched an inquiry into what we termed “Economic/Financial Terrorism” and whether security threats emanating from terrorism in the future would take the form of attacks on the Western system of finance and the economy.  We brought in a host of experts from the US and Europe to debate the changing face of terrorism and likely goals of future terror groups.  We examined everything from evolving ideology, motivation and intent, culture and identity to strategy, tactics, targets, weapons, and groups.  It was an extremely interesting event with industry admitting – at the time – they were not prepared for this phenomenon and governments largely split on the issue.  Additionally, experts and think tanks disagreed on whether economic terrorism was tangible.  It was very forward-looking for its time.  All participants came away with greater awareness on the subject as we went above and beyond what is currently called “financial crimes,” exploring potential kinetic based threats terror groups would use against the economic and financial machinery that included physical attacks on the supply chain, tourist industry, psychological undermining of the Western economic system to disrupt the normal provision of goods and services.

Can you tell more about your views on ´criminalization of global supply chains´?

I take similar views on the subject as Dr. Moisés Naim, in his 2005 book ‘Illicit: How smugglers, traffickers, and copycats are hijacking the global economy.’ He addresses several tenants that remain true today including the role of governments, technology, the Illicit traders mimicking licit trade and logistics actors – while simultaneously collaborating with many of them, and criminal groups seek high-profit opportunities as opposed to any other attribution (see CBRA Blog 21 October 2014).  Terror groups care less about profit but when thinking about logistics networks, what if the two groups collaborated?  Today logistics systems are more complex and move faster than ever in history, have less margin to fail, are far less ‘hands-on’ and offer many ways and places to hide illegal activity.  Detection and interdiction of this activity isn’t exclusively in the realm of governments. Industry has a role to play if it wishes to minimize new regulations, taxes, deter corruption, and other drains on efficiency and profit.  Experts, both public and private, rarely take a systems approach to detecting criminal activity with much throughput going undetected.  Both parties want to specialize on one aspect and miss the big picture.  A good example was the AQ Khan network.  How long has it been since industry has undertaken an assessment of whether there is a new “Khan” network out there?  Do trade organizations war-game with governments on criminality within supply chains?

Interesting! What are your views on ‘multi-commodity trafficking / crime portfolios’?

At the last corporate organization where I worked my team did some analysis on unregulated, illegal fishing as a security threat to Pacific Island nations.  In the course of this analysis, we discovered it was the same actors doing the illegal fishing as doing illegal dumping, illegal smuggling, illegal trafficking, among other illicit activities.  The criminality was only one aspect of the supply chain as the “demand” side as well as the delivery side was entirely legal and within businesses who conduct practically all business legally.  The same boats as platforms – and their crews – were used to conduct all activity legal and illegal and to the local authorities – as well as donor nations attempting to help – it was impossible to project accurately when the activity would switch between licit and illicit.  We couldn’t analyze if this was a regional or global phenomena but I guess it was a widely copied practice.  As Anthony Barone has pointed out, border management and controls are not the panacea of containment but need to be part of a larger practice (see CBRA Interview 18 December 2015). Criminals use technology just as effectively!  His idea of assembling a group of independent experts to rethink new approaches to border management – and I might add, redefining the meaning of borders and how thinking differently about borders per se – is a good start.   Using strategic foresight come up with several alternative futures to present to a dedicated [supply chain] private-public partnership empowered to make changes would be my overarching recommendation

Sounds that the global supply chain community is facing increasingly more threats and risks! Any other suggestions on how to improve the situation, both short term and long term?

In the short term, as I mentioned, conduct a public-private-partnership exercise to rethink the concept supply chain surveillance for illicit activity and anticipating new and emerging illicit activity.  In the long run, we don’t give enough thought to knowledge as a part of the supply chain.  Using the supply chain for illicit activity begins with motivation and intent getting out in front of those who may do harm.  To address alternative futures will take some innovation and creativity, but the stakes are high.  The next AQ Khan Network may bring very bad things into Europe (and beyond!) compliments of ISIS.  We don’t know what knowledge the current refugee population possesses that may be part of some future attack on the financial and economic system of the EU or if some refugees worked on chemical or biological programs in their countries of origin.

Thanks David for this interview – and let´s start working towards a joint project on these topics of common professional and research interest!

Web-links:

https://www.cross-border.org/2014/10/21/dr-naim-on-illicit-trade/

https://www.cross-border.org/interviews/new-approaches-to-border-management/

Dr. Federico Magalini on waste logistics crime

Hi Federico, and thanks for agreeing to join a CBRA Interview, as the first expert in year 2016 – can you first tell a bit who are you and what you do?

Thank you for the opportunity of sharing some of the past experiences and projects done, including those with CBRA and looking ahead into the next years. I’m a mechanical engineer as background, with a PhD in Management, Economical and Industrial Engineers and I am working as Associate Programme Officer at United Nations University – Vice-Rectorate in Europe. I’m in particular working for SCYCLE, SCYCLE operating unit of the UN University Institute for the Advanced Study of Sustainability.

Can you explain more on what is the United Nations University, UNU?

UNU is, despite the name, not a classical university as many might think. The United Nations University (UNU) is a global think tank and postgraduate teaching organization headquartered in Japan. The mission of the UN University is to contribute, through collaborative research and education, to efforts to resolve the pressing global problems of human survival, development and welfare that are the concern of the United Nations, its Peoples and Member States. We work a lot with leading universities and research institutes in various countries, functioning as a bridge between the international academic community and the United Nations system. Our operating unit SYCLE is particularly devoted to research in the field of electronic waste.

UNU, INTERPOL, CBRA and other partners finished few months ago a 2-year research project on electronic waste crime and non-compliance, the FP7-CWIT –project. From your perspective, what were the most important outcomes of that project?

The CWIT project contributed in my opinion to increase the general understanding of volumes of electronic waste annually arising in different EU Member States and the fate of the disposed equipment. Knowing the baseline of products annually discarded by EU citizens is a first, fundamental step to allow policymakers and stakeholders at large to develop a strategy to ensure proper collection and treatment. In addition to that the project described the main drivers behind the flows diverted from the actual take back and recycling systems across the EU.

A second important outcome of the project is the analysis and identification of the main crime patterns that are typical of such an Industry: in the illegal trade of WEEE, there is a varying degree of compliance and criminality that spans across a continuum ranging from minor unintentional violations or non-compliance by individuals to deliberate illegal activities following a criminal business model. The organisational structure differs by country and region, from individual traders to structured criminal groups.

The combination of those two elements – knowledge of the market and understanding of criminal behaviours – allowed drawing a roadmap for future improvement in compliance and enforcement.

Do you believe that some of the CWIT outcomes will have practical positive impacts to reduce future crime and non-compliance, in the broader context of e-waste handling and management?

I sincerely hope so. And I am sure this will happen. To which extent is hard to predict but in the second part of the project we really focused on how to derive practical recommendations for the various actors involved along the entire value chain. And we broadly discussed the ideas, in many cases deriving from real cases and best practices, with various stakeholders; I hope this will increase the likelihood of having some of the recommendations actually implemented.

We committed ourselves to disseminate the recommendations beyond the project duration and we have seen already some results, with the project findings being discussed in various fora, conferences and public events, including some internal meeting with EC officials. And we have seen official request from some Members of the EU Parliament, who quizzed the EC on the consequences of the CWIT project, challenging here to take concrete actions.

Now we are launching a new project called DOT.COM WASTE – with several CWIT partners, and few new partners. You are the project manager for this “CWIT follow-up” –project, congratulations on that. Can you please explain what this new project aims to achieve?

I am really happy of the DOT.COM waste project as combines some of the results of the CWIT project, particularly the recommendation on the need of better training of enforcement and prosecutors in one of the main areas of my personal interest and work at UNU: capacity building. The DOT.COM WASTE project seeks to increase the capabilities of law enforcement agencies, customs and port authorities, environmental agencies and prosecutors to fight cross-border waste crime more cost-effectively. To achieve this objective, the project aims to increase the stakeholders’ understanding of current waste crime trends and to identify and share good practices for detecting, investigating and prosecuting waste crime activities.

Which aspect of the DOT.COM WASTE project you see as the most challenging one?

I see two main challenges ahead for the DOT.COM WASTE project. The first one is related to the scope of the project itself: there are many waste streams and the challenges of different streams are different. As a consequence also the tools to tackle illegal activities might vary: we will have to identify the priorities in order to be effective.

The second one is related to the duration of the project; the project will translate the knowledge gained into training material and tools and will promote training sessions to help key stakeholders integrate good practices into their day-to-day operations. The project’s underlying objective is to intensify international collaboration through development and implementation of new mechanisms for information exchange, technology transfer and operational coordination. But I really hope that all those efforts will produce effects that will last longer than the two years of the project itself.

I sincerely hope that we will be able to make the difference here!

Thanks a lot Federico for this interview – and talk to you soon at the DOT.COM WASTE kick-off meeting.