Tulipe Ushuru Tujitegemee

ENVORNMENTAL CRIME WORKSHOP Held at Mombasa Beach Hotel(12th-13th April 2012). Nature and Trends of Environmental crimes in Kenya: Customs Perspective.

By Kobia.J.D

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Introduction

Ordinarily, customs administrations in fulfilling the requirements of the EACCMA Act 2004, other laws and the WCO Framework of standards, operate within the following core pillars of Customs;

Trade facilitation Revenue collection Protection of society Collection of trade statistics.

Being a member of the World Customs Organisation (WCO), we are required to adhere to the recommended best practices that advocate for modern approaches to cargo clearance and facilitation of legitimate international trade.

"Customs are in the frontline, expected to maximize the benefits society can derive from the globalized trading system while also expected to minimize the risks and threats that trade can pose - threats from illegal trade in banned or restricted chemicals up to managing movements of living modified organisms and the illegal trade in rare and endangered wildlife.
Director. Achim Steiner, UNEP Executive Shanghai, China, May 18, 2010

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Definitions.

WHAT DOES ENVIRONMENTAL CRIME MEAN ? Broadly, environmental crime, can be taken to refer to those illegal acts and activities that are injurious to the environment. Environmental crime

is any breach of a national or international environmental law or treaty that exists to ensure the conservation and sustainability of the worlds environment, biodiversity, or natural resources These illegal acts includes:

Illegal exploitation of the worlds wild flora and fauna- Wildlife Crime.

Trading and disposal of hazardous waste or resources in contravention of national and international laws - Pollution Crime.

Illegal logging and the associated trade in stolen timber. Smuggling of ozone depleting substances (ODS). Injuring the aquatic flora and fauna Maritime Crime
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Dumping and illicit trade in hazardous wastes.

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Definitions contd.

Examples of Environmental Crime interdicted at various Customs Jurisdiction

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The Green Customs Initiative:MEAS

.

Green customs initiative, broadly encompasses compliance and enforcement of Multilateral Environmental agreements (MEAS) within the enforcement chain, by customs authorities. The Green Customs Initiative is an unprecedented partnership of international organizations cooperating to enhance the capacity of customs and other relevant enforcement personnel to monitor and facilitate the legal trade and to detect and prevent illegal trade in environmentally-sensitive commodities covered by the relevant conventions and multilateral environmental agreements (MEAs). These include ozone depleting substances (ODS), toxic chemical products, hazardous wastes, endangered species and living-modified organisms.
The Green Customs Initiative achieves its aims through awarenessraising on all the relevant international agreements as well as provision of assistance and tools to the enforcement community. Green Customs is designed to complement and enhance existing customs training efforts under the respective agreements. Multilateral Environmental Agreements(MEAS).

These are international or regional agreements to take specific measures for the protection of the environment and the conservation of natural resources. The main MEAS are:
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contd
.
1.

CITES(JULY 1975)- Convention on Trade in Endangered Species of Wild Fauna and Flora. The Montreal Protocol(1987)- On substances that deplete the ozone layer(ODS). Basel Convention(1989)- on the control of Transboundary Movements of Hazardous wastes and their Disposal. The Stockholm Convention- On Persistent Organic Pollutants. The Cartagena Protocol(2000-2003) On Bio-safety-safe transfer,handling and use of LMOs. The Rotterdam Convention- On prior informed consent procedure for certain Hazardous chemicals and pesticides in international trade.

2.

3.

4.

5.

6.

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The Legal framework for Environmental Crime interdiction.

.
The customs derives their power and mandate in environmental crime interdiction, from the following provisions of EACCMA 2004(revised 2010) as read together with the EACCM Regulations 2010(and any other written law).

Section 16 of EACCMA 2004:Customs control goods. the customs authority ,has legal control of all ;

i.

Imported goods, Goods under duty draw back, Goods subject to any export duty, Restricted exports, Goods on board any aircraft or vessel within any place in a partner state, Seized goods, Goods in transit.
Section 18(1),(2) and part A &B of the 2nd schedule: Prohibited and restricted imports.

Importation of some of the goods covered under this section 18 and 2nd and the schedule, would constitute environmental crime.-elephant ivory-whether worked or unworked,rhinocerous horns, hippopotamus teeth, genetically modified products,ODS under Montreal protocol(1987) and Vienna Convention(1985),Endangered species under CITES(1973),Hazardous wastes, persistent agricultural and industrial chemicals-DDT,Mercury compounds,PBB(Polychloronimatel Biphenyls).
Section 70(1) and (2) and Third Schedule Part A &B:Prohibited and Restricted exports.

Restricted exports goods: Timber from any wood grown in the Partners States, fresh unprocessed fish(Nile Perch and Tilapia),Wood charcoal-illegal fishing and logging constitute environmental crime.

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The E Crime seizure cases.

.
CEA/1/44/11

date

flat location
NairobiHong Kong Loxodontaafricana African Savannah Elephant Carving and other

12-Feb-11

2011 HK

RILOAP

Hong Kong

Airport

Customs

KE-HK

CEA/1/48/11

13-Feb-11

2011 HK

RILOAP

Hong Kong

Airport

Customs

KE-HK

NairobiHong Kong

Loxodontaafricana

African Savannah Elephant

Carving and other

CEA/1/59/11

26-Feb-11

2011 HK

RILOAP

Hong Kong

Airport

Customs

KE-HK

NairobiHong Kong

Loxodontaafricana

African Savannah Elephant

Carving and other

CEA/1/137/1 1

04-Jun-11

2011 HK

RILOAP

Hong Kong

Airport

Customs

KE-HK

NairobiHong Kong

Loxodontaafricana

African Savannah Elephant

Carving and other

CEA/1/157/1 1

14-Jul-11

2011 HK

RILOAP

Hong Kong

Airport

Customs

KE-HK

NairobiHong Kong

Loxodontaafricana

African Savannah Elephant

Carving and other

CEA/1/173/1 1

30-Jul-11

2011 HK

RILOAP

Hong Kong

Airport

Customs

KE-HK

NairobiHong Kong

Loxodontaafricana

African Savannah Elephant

Carving and other

KE.JB(79)77 8/20110238

08-Jul-11

2011 MY

RILOAP

Pasir Gudang, Johor

Seaport

Customs

KE-SG-MY

KE.JB(79)77 8/20110238

08-Jul-11

2011 MY

RILOAP

Pasir Gudang, Johor

Seaport

Customs

KE-SG-MY

MombasaSingaporePasir Gudang, Johor MombasaSingaporePasir Gudang, Johor

Loxodontaafricana

African Savannah Elephant

Tusk

Loxodontaafricana

African Savannah Elephant

Tusk

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Customs ivory seizure cases MSA.

Seizure date

1.

14.09.2011

Goods description Recycled waste plastic

consignor SHENG NONGZI COMPANY LIMITED Kamtrade EAfrica NBI

consignee

C17B

Tian jin 2011MSA3 you sheng 014503 Hong Kong

Goods found 32 PCS (274.7 kg)elephant ivory 465 pcs of elephant ivory

Concealmen t method Wooden boxes/ clothes

remarks Detected thro document analysis and verification.

2.

2.12.2011

Handicraft

3.

21.12.2011

Plastic scrap

Jonathan M.M

Import and export company loiloc Cambodia Samsin internatio nal general trading Dubai

2011NBI84 8666

Stuffing into waste plastic bags.

Detected by x-ray scanning.

2011MSA31 92876

727 pieces of elephant ivory

Stuffing into plastic crap bags

Detected by x-ray scanning.

Customs ivory seizure cases JKIA.

DATE 1. 04.03.11 Area JKIA FLIGHT NO. KQ 529 NOTICE OF SEIZURE 039875 OF 4.03.11 DESTINATI ON FROM CAMEROUN (YAUNDE) TYPE OF GOODS ASSORTED WORKED IVORY HAIRCOMBS,BANG LES,CHOPSTICKS TOTAL PIECES 89-6.5KG UNWORKED IVORY 3PCS WEIGHT 4KG ASSORTED WORKED IVORY e.g EARINGS, HAIRCOMBS ,BANGLES ALL 189 PCS WEIGHT 16.5KG UNWORKED IVORY-4PCS WEIGHT 4KG 7PCS OF IVORY UNWORKED-24KG AND 1PC WORKED IVORY WEIGHT 3KG NAME OF OWNER GUAN SHIUQING P/NO.G2656044 1 DISPOSAL RELEASED TO POLICE CORP. CHEBII P/NO.66580 FOR PROSECUTION

2.

04.03.11

JKIA

KQ 529

039873 OF 04.03.11

FROM CAMEROUN (YAUNDE0

WANG ZIANGHI P/NO.G4418196 6

RELEASED TO POLICE CORP CHEBII P/NO.66580 FOR PROSECUTION

3.

04.03.11

JKIA

KQ 529

039874

FROM CAMEROUN (YAUNDE)

ZHOU MEIRONG P/NO.G4255057 3

RELEASED TO POLICE CORP CHEBII P/NO.66580 FOR PROSECUTION

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Kenyan Customs officers at Jomo Kenyatta International Airport intercepted 2160 kg of elephant tusks and five pieces of rhino horn on 22 August 2010. According to the Kenya Revenue Authority (KRA), the shipment of 12 wooden boxes was declared to Customs as fresh avocados heading to Malaysia. However, the nature of the goods and the packaging, weight and destination raised the suspicion of Customs officers. A subsequent physical examination revealed 317 pieces of ivory and five rhino horns wrapped in foil and concealed underneath the fruit. Documentation shows that several similar shipments to the same destination have been exported by the same company in Kenya and an investigation has been launched jointly by the KRA in collaboration with other Kenyan enforcement agencies. Upon being advised of the the seizure, the WCO Secretariat responded immediately by disseminating the information and coordinating contact between the Kenyan and Malaysian Customs administrations to facilitate an investigation.

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Customs Initiatives against environmental crime.

Monitoring and seizure of illegal shipmentsuse of cost effective non-intrusive detection methods.

Prosecution of criminal cases involving such shipments.

Compliance and enforcement of multilateral environmental agreements(MEAS) within the enforcement chain by customs officers. Communication of alerts through RILO-ESA. Automation and Risk Management Strategies of Supply Chain Management Training and Knowledge management of Customs frontline enforcement Officer. Referrals to the Customs Lab and use of the CEN HS. Enforcement of CITES, through Lusaka Agreement Task Force.

LATF is a law enforcement institution which is also the Secretariat of the Lusaka Agreement on Cooperative Enforcement Operations Directed at Illegal Trade in Wild Fauna and Flora.
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Challenges

It is recognised that customs officers are in the frontline of a countrys defence against transboundary illegal trade and therefore need the knowledge, capacity and tools to enable them to best fulfil their important role as the protectors of the environment.

Capacity and knowledge gap in environmental crime interdiction. Tools and equipment. lack of interagency coordination of effort.

General weaknesses in customs controls and systems- Porous nature of our borders:- with so many entry points it is not possible to adequately police all entry points

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Proposed strategies

Increased efforts to cooperate and exchange secure information among all players. Information exchange may include: Development in the activities and projects that are of mutual interest interest Training materials, manuals, etc. Development in the activities and projects that are of mutual current situation, emerging trends Customs analysis and seizure reports Information on traders, persons involved in illegal trafficking Information on issuance of import/export permits Coordinated release of information to the public --- critical for bringing down demand and deterrence of smugglers

Use intelligence driven enforcement and policing to dismantle the environmental crime networks since environmental crime occurs hand in hand with other offences e.g. passport fraud, corruption etc.

Enhance the capacity of customs officers to monitor and control environmental crime through regular training on the same.

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Proposed strategies contd

There is very little time for Customs frontline officers to detain any suspicious consignment for verification. Assistance via official channels may not be available in a desired time frame. Informal consultation and assistance from experts and other Customs colleagues in terms of identification, and whether a certain consignment is controlled by the MEAs would greatly facilitate rapid decision making on the ground

Collaboration to develop the publicprivate partnership needed to identify and address this challenge and develop MOU by all state agencies in this field.The MOU may incorporate.

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Proposed strategies contd

Core elements of a MOU between Customs and other agencies governing MEAs and E C crime enforcement: 1. Purpose. 2. Target legislation (s) in question. 3. Mutual consultation and representation 4. Training activities 5. Communications and information exchange 6. Technical assistance 7. Handling of seized/detained goods 8. Entering into force, modification and termination 9. Signatures and date 10. Disputes settlement and review 11. Annexes (if any

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