New measures are being implemented to stop illegal ODS trade with customs officers playing a crucial role in making sure the new regulations live up to their potential. The following article describes what is being done by UNEP DTIE’s OzonAction to make sure that agents are ready to take on this challenge. Customs officers are often the first line of defence in the battle against illegal activity, such as illegal ODS trade. Stationed at international borders and ports of entry, these agents are in a prime position to catch smugglers and confiscate illegal ODS before it reaches the black market. For this reason, customs officers are an obvious and essential component in any country’s phase-out strategy. However, detecting illegal ODS trade is not easy for personnel in developing countries as they do not always have access to proper “know-how”, training or equipment. Additionally, smugglers have become very clever at disguising ODS and defrauding customs agents (see “A Master of Disguise”, page 12 and “The Tricks of Illegal Trade”, page 14). The challenge is to offer customs officers training that will help them both spot illegal activity and effectively use ODS monitoring and control mechanisms. This is a vital issue for Article 5 countries, where the freeze on CFC consumption took effect in 1999 and further control measures will soon be added. In these countries – most of which are not ODS producers and thus completely reliant on imports – CFCs are primarily used in the refrigeration and airconditioning servicing sector. This is why national phase-out plans in Article 5 countries usually include Refrigerant Management Plans (RMPs) with customs training being an essential component of RMPs since 1997. BUILDING A FRAMEWORK Following stakeholder consultations, UNEP DTIE’s OzonAction designed an overall concept for customs training which included the concept of a “Country Handbook on ODS Legislation and Import/Export Licensing System.” The Handbook, developed before training commences, is a compendium of OUT ON THE FRONT LINE: Training Customs Officers By requiring importers and exporters to register and apply for permits, customs officers and other officials have written records that show where and when ODS shipments move and who did the moving. Not only do these systems help countries collect data and monitor the whereabouts of ODS, but they also make it easier to control the ODS supply and thereby help countries meet their phaseout schedules. Moreover, licensing systems are extremely useful to customs officers, who ordinarily have to rely on customs codes that can be problematic in the case of ODS. The ability to track ODS movement in this fashion is a powerful weapon in the fight against illegal trade. In recognition of this fact, in 1997, at the Ninth Meeting of the Parties in Montreal, an amendment was introduced requiring all Parties to create an import and export licensing system for ODS (the Montreal Amendment). The systems were to be introduced by January 1, 2000, or three months after ratification of the Montreal Amendment, with some delays allowed for methyl bromide and HCFCs. The general concept was that all international transport of ODS must be approved in advance. Before any ODS can be moved into or out of a country, importers or exporters must apply for a permit that specifies the quantity of ODS, the countries involved in the transaction, what the chemicals will be used for and other important information. This kind of transparency, coupled with strong enforcement, will hopefully pre-empt smuggling attempts and help prevent illegal trade. LICENSING SYSTEMS: KEEPING TRACK OF ODS IMPORTS AND EXPORTS OzonAction Newsletter Special Supplement • Number 6 21 T H E G L O B A L R E S P O N S E T H E G L O B A L R E S P O N S E T H E G L O B A L R E S P O N S E country-specific regulations and is used as a complement to UNEP DTIE’s training manuals for customs officers. It has now become an essential element of customs training programmes. Both officer training and legislative enforcement are at the heart of UNEP’s customs training framework. Encompassing a wide variety of workshops and programs which are designed to compliment and reinforce each other, the aim is to create a corps of informed officers equipped to monitor and control ODS trade. At the regional level, UNEP’s workshops help countries develop licensing systems and draft legislation in accordance with the Montreal Protocol. Follow-up regional workshops are held in certain cases to see how new regulations are working and to devise any necessary corrective measures. Once a licensing system is in place, training customs officers becomes of paramount importance and country-specific national training programs are set up. At the national level, UNEP’s training programmes for customs officers unfold in a multi-phased process, which begins with a “trainthe- trainer” phase to create a new resource for future customs training (see “Customs Officers Training”, below). These national workshops focus on a specific country and help officials work with decision-makers and other stakeholders to gain support for ODS regulations. To make sure that the new legislation and licensing systems are working in concert with those of neighbouring countries, additional regional workshops are then held on the harmonization of ODS legislation to foster cooperation between customs and enforcement agencies within regions or economic zones. UNEP Training Framework Montreal Protocol awareness training Regional training on ODS import/export licensing systems Establishment of licensing system National customs training Regional co-operation and harmonization of efforts to prevent illegal trade in ODS National Regional Development of policies and legislation Regional follow-up on licensing systems RMP Training PREPARATION OF PHASE I and PHASE II (4 months) MONITORING AND EVALUATION REPORTING OF PHASE I and PHASE II PHASE I Implementation (1 month) (1 month) PHASE II Implementation (12 months) When it comes to tackling the problem of illegal ODS trade, each country must devise a strategy that suits its particular situation. In addition to its other customs training, UNEP has designed national training programmes that focus on the needs of specific nations. Seminar participants are involved in a vital give-andtake, resulting in recommendations, observations and proposed policy frameworks that address national issues and concerns. National Training Programmes for Customs Officers offer basic background information on ozone depletion issues, including an overview of the Montreal Protocol and its amendments and national phase-out strategies. They also provide in-depth enforcement training on subjects such as legislation and licensing systems, revised customs codes, monitoring and control systems for ODS and ODS-containing products and their implications for customs officers. Participants are also trained in the use of identification tools for ODS refrigerants. The training takes place in two phases. In Phase I, workshops are held for customs trainers and other key stakeholders (such as representatives from the ministries of justice or commerce) in order to “train-the-trainers.” The trained customs trainers are expected to train the other customs officials from the major ports of entry and to prepare a Montreal Protocol related training module to be included into the country’s on-going training curriculum for customs officers. The training programme includes on-going monitoring and evaluation. To date, 68 customs training programs have been approved by the Executive Committee of the Multilateral Fund, 48 of which will be implemented by UNEP. Seven countries have now completed Phase I of the training (Jamaica, Trinidad and Tobago, Guyana, Syria, Fiji, Bahrain and the Gambia) with close to 150 customs officers and stakeholders participating. 15 more Phase I training programmes should be finished by the end of 2001. Some countries, such as Jamaica, have moved on in the training and have trained 118 customs officers in Phase II.
Posted on: Thu, 27 Jun 2013 06:54:00 +0000
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