Workshop 2010 of the Asian Network for Prevention of Illegal Transboundary Movement of Hazardous Waste

Border Control Activities and Challenges for Tackling Illegal Transboundary Movement of Hazardous Wastes January 27 – 29, 2010 Yokohama, Japan Outline of the Presentation

1. a. Five-Year Strategic Plan (2008-2012) b. Vision and Mission c. Strategic Goals d. Territorial Jurisdiction Collection Districts e. Electronic to Mobile Import Assessment (E2M IAS) 2. Environmental Protection Unit (EPU) Enforcement and Security Service (ESS) a. Creation b. Duties and Functions c. Personnel Complement d. Coverage e. Authority Outline of the Presentation

3. Enhancement Programs with Partner Agencies a. Megaports Initiative Project b. X-ray Inspection Project c. Philippine Customs Intelligence System (PCIS) d. Coast Watch South (CWS) e. Inter-Agency Technical Working Group on Border Crossing f. Philippine Border Management Project (PBMP) g. Nationwide Port Operations and Law Enforcement Organizational Network for a Strong Republic (The Network) h. Strategic Partnership on Immigration, Customs, Quarantine Enforcement (SPICQE) BUREAU OF CUSTOMS

FIVE - YEAR STRATEGIC PLAN 2008 -2012

ISO 9001:2008 (Quality Management System) ISO 27001:2005 (Information Security Management System ““A customs administration which is among the world’s best that every Filipino can be proud of. ““ To enhance revenue collection;

To provide quality service to stakeholders with professionalism and integrity; To facilitate trade in a secured manner;

To effectively curb smuggling; To be compliant to international best practices and standards. Strategic Goals Strategic -Continuing top priority top -Continuing WELFARE -Organization is only -Organization only is as good as the people who comprise it.The competence, integrity and welfare of its personnel are critical factors in achieving success in fulfilling mission its and realizingits vision. 1) ENHANCED REVENUE COLLECTION REVENUE ENHANCED 1) 2) DEVELOPED DEVELOPED 2) PERSONNEL COMPETENCE AND ne s s 9/11, of . radigm for for radigm nal trade trade nal Strategic Goals Strategic BOC is a law enforcement agency, isit the first li isBOC aenforcement law agency, corresponding corresponding internally originated threats. defense against externally originated trade related economic and terrorist threats and the last line of preventing the export of - of this balance has solidified into a new operating pa operating a newinto solidifiedhas balance this secured trade facilitation administrations:customs 3) SECURED TRADE FACILITATION TRADE SECURED 3) event by the impetus Given globalization.to led has ENFORCEMENT STRENGTHENED 4) -The evolution and exponential growth of internatio of growth exponential and evolution -The ctivity ctivity ards ards on type type of are in the the in are Strategic Goals Strategic

5) IMPROVED WORK ENVIRONMENT ENVIRONMENT WORK IMPROVED 5) work that also form part of securing personnel welf personnel securing of formpart also that work workplace. -A crucial support component in organizational produ organizational in component support crucial -A stand recognized there thatare internationally such to according environments workfor specifications Port of Aparri Port of San Fernando Port of Subic Port of Clark Port of Legaspi Port of MICP NAIA Port of Tacloban Port of Batangas Port of Port of Port of Port of Surigao

Port of Zamboanga Port of MICP- 01 September (R) @ PORTS POM - 01 September ‘09‘09‘09 CMO 27 -2009: Implementing E2M IAS Imports and Assessment System

Lodgment Overview Clearance Consumption/Warehousing/ Transshipment/Informal Entries E- Manifest ASYCUDA Licensing Shipping Lines/ System Process: & Clearance Client • Selectivity Airlines submits Profile • License System BOC-VASP e-Manifest Registration verification Gateway System License Selectivity Database & Hold and Importer Files Alert System Import Entry Declaration On Line BAP Payment Release System System Applies Selectivity Document/Cargo Inspection

Authorized Agent Banks BOC Payment Application System Triggers BOC-BAP Acknowledges Release Payment Payment Message Gateway Importers/Brokers Exports Processing System Overview Automated Bonds Management System (ABMS) Automated Export Documentation System (AEDS) Warehousing/ Transshipment Consumption Entries Entries

Asycuda Process: Exporter files Export •Selectivity Dec thru VASP •License verification BOC Bonds Charges Bond Database Importer Files Bond info thru VASP Cancels Bond

Pre-Load Raw Materials Liquidation System (RMLS) Inspection

Non-Warehousing type •Inventory Entry List •Withdrawal BOC Raw Inventory Entry list Mat Warehousing type Warehouse Operator Finished Product Database Uses Automated • Report Liquidates Raw Inventory Mgt. System Materials Goods/Article Exported Passenger Baggage Entry System Overview Lodgment Assessment Passenger Selectivity Baggage System Entry System BOC Examiner Payment encodes Payment declaration into PBES Assessment Notice Application System payment

Release Official Receipt

Examiner Releases Passenger Fills Baggage after payment up declaration Customs Memorandum Order No. 21-2008 Amended Rules and Regulations on the Treatment of Imported Articles Declared as Off-Quality 1. This Order seeks to prevent abuses in the use of words and/or phrases such as stocklots, sideruns, cull rolls, seconds, mill lots, off-grade, B-grade, C-grade, used, second-hand, off-specs, sub-standard, off-quality, overruns, sweepings, overflow, recycled, waste-waste, reconditioned, refurbished, re-fashioned, surplus, scrap, scrap metals, metal waste, cut-up, bath-roll, odd lengths, unbranded or analogous terms in describing imported articles in the commercial invoice and/or entry declaration for purposes of avoiding payment of the proper duties and taxes. Customs Memorandum Order No. 21-2008

2. To protect the interest of the Government by collecting in the proper duties and taxes due on imported articles passed - off as sub-standard or off-quality but to be sold as brand new / prime quality in the market. 3. To protect the health and safety of the consumers against prohibited, sub-standard and/or hazardous products . Environmental Protection Unit

This Unit was first established on September 6, 1996 pursuant to the instruction of the then Commissioner of Customs Guillermo L.. Parayno, Jr. and embodied under Customs Special Order No. 12-96 its creation was brought about by the pressing concerns on environmental safety by the member countries of the World Trade Organizations (WTO) and the World Customs Organization (WCO). The members of the Unit were selected from the officers and men of the Enforcement and Security Service (ESS) and directly under the Office of the Director, ESS. Its functions include the monitoring, surveillance, detection and spot checking of hazardous and recyclable materials. Customs Special Order No. 12-1996 –Establishment of an Environmental Protection Unit (EPU) under the Office of the Director, Enforcement and Security Service, Intelligence and Enforcement Group Duties And Functions

1. Monitor the processing of all importation of waste products and/or recyclable products; 2. Conduct spotcheck on all importation of waste product and/or recyclable products in coordination with the Environmental Management Bureau (EMB), Department of Environmental and Natural Resources (DENR); 3. Conduct surveillance, detection and/or apprehension on all importation of waste products and/or recyclable products without proper clearance from EMB, DENR and/or without payment of duties and taxes to the government; 4. Coordinate/participate in all activities regarding Environmental Protection conducted by other government agencies and non-government organizations whether local or foreign based institutions; 5. Shall effect proper coordination with the District Collector of Customs and/or other concerned offices; 6. Shall develop the capability to strictly enforce Sec. 2529 of the Tariff and Customs Code; and 7. Perform such other functions as may be directed by the Director, ESS and/or higher authority. 8. The Personnel to be assigned to this Unit shall be sourced from the different divisions of the Bureau who shall be covered with the appropriate Customs Personnel Order. 9. The Director, ESS shall endeavor to establish Environmental Protection Units in all Principal Ports and Subports of Entries for the effective enforcement of environmental laws/regulations. EPU Operatives

Central Office • Major Nicomedes P. Enad – Chief • A/Capt. Rodolfo Gonda, Sr. – Assistant Chief • Lt. Angelito S. Cruz – Operations Officer • SA I Carmelito Mantal – MICP Operative • SA I Albert Orcine – MICP Operative • CSM Jaime Javier – POM Operative • SA I Michael Joseph Dayrit – POM Operative • SA I Allan Diancin – Liaison Officer EPU Operatives Outports

1. A/SA II Salvador Clarin – San Fernando District Office, Port of San Fernando, La Union 2. A/SA II Paul Oandasan – Port Irene - Aparri District Office, Cagayan Valley 3. A/SA II Danilo de los Reyes – Subic District Office, Port of Subic 4. CMEM Rustom Miralles – Clark District Office, Port of Clark 5. SA I Reynaldo Abaya – Batangas District Office, Port of Batangas 6. SA I Rafael Dagot – Puerto Princesa Sector Office, Subport of Puerto Princesa, Palawan 7. SA II Herminio Eno – Legaspi District Office,Port of Legaspi 8. SA I Melissa Aldana – Iloilo District Office, Port of Iloilo 9. A/SA II Andie Catre – Cebu District Office, 10. SA I Robert Monteño – Mactan Sector Office, Mactan International Airport 11. SA I Joey Young – Tacloban District Office, Port of Tacloban 12. A/SA II Anselmo Morales, Jr. – Surigao District Office, Port of Surigao 13. A/SA II Abdila Maulana – Davao District Office, Port of Davao 14. CMEM Pedro Tejada – Zamboanga District Office, 15. A/SA II Amante - Cagayan de Oro District Office, Port of Cagayan de Oro 16. A/SA II Marcela Judy Teaño – NAIA District Office 17. A/SA II Eugenio Monforte, Jr. – Limay – Mariveles District Office Authority of EPU

Under the TCCP as amended, the Bureau is mandated to enforce/implement all other laws, rules and regulations within its jurisdiction. These includes:

1. Section 101 – Prohibited Importations – under letter K” all other articles and parts thereof, the importation of which is prohibited by law, rules and regulations issued by competent authority.

2. Section 3514 – Words and Phrases Defined – under par. 10” Tariff and Customs laws” includes not only the provisions of this Code and regulations pursuant thereto but all other laws and regulations which are subject to enforcement by the Bureau of Customs or otherwise within its jurisdiction.

3. Section 2529 – Other Offenses – A vessel shall be fined in an amount hereafter fixed for; Multilateral Environmental Agreements (MEAs) 1. Montreal Protocol on Chemicals Substances that deplete the Ozone Layer 2. Basel Convention – prohibit the transboundary movements of toxic, hazardous wastes/substance materials 3. Stockholm Convention or Treaty on Persistent Organic Pollutants (POPs) 4. Prior Informed Consent (PIC) or the Rotterdam Convention 5. Convention on International Trade of Endangered Species of Wild Fauna and Flora or CITES 6. Forest and Law Enforcement Governance 7. Nuclear and Radioactive Materials (Weapon of Mass Destruction) Republic Act 6969 “Toxic Substances and Hazardous and Nuclear Wastes Act”

The main objective is to protect the public and the environment from risk or potential dangers in the use of or exposure to chemicals from long -term damage brought about by careless handling or disposal of hazardous wastes. This law regulates the use, movement, storage and disposal of toxic chemicals, hazardous and nuclear waste in the . Toxic chemicals, substances and wastes – Lead Agency – Department of Environment and Natural Resources (DENR) - Environmental Management Bureau (EMB)

Nuclear, other radioactive materials and wastes – Lead Agency – Department of Science and Technology (DOST) - Philippine Nuclear Research Institute (PNRI) Memorandum of Agreement Bureau of Customs, Department of Finance Environmental Management Bureau, Department of Environment and Natural Resources 1. Designation of Liaison Offices:

EMB-DENR Philippine Ozone Desk Environmental Quality Division BOC Environmental Protection Unit, ESS 2. Creation of EMB -BOC Liaison Committee

3. Publication of a Customs Handbook and Desk Book for Customs Officers

4. Acquisition of resources such as equipment, manpower training, expertise, information and others.

5. Exchange of information such as import data or suspicious shipments. 6. Training of Customs Officers in the Monitoring and Control of Ozone Depleting Substances and Other Multilateral Environmental Agreements (Phase I – 1 & Phase II – 9) – 332 customs personnel 7. Donation of thirty (30) units of Refrigerant Identifier by UNEP thru EMB -DENR, Deed of Donation signed on April 28 , 2003 8. Customs Memorandum Circular # 75-2003 – was issued by BOC to circularize nationwide the list of accredited and registered importers of CFC 11 and 12 (six importers – PARII member). 9. Customs Memorandum Order # 29-2004 dated October 14, 2004 – Guidelines in the Application and Use of Refrigerant Identifier/Analyzer in Testing Suspicious Shipments of Ozone Depleting Substances (ODS) and its Alternatives and ODS Using/Containing Products and Equipment. 10. Customs Personnel Order # B-197-2005 dated April 20, 2005 – Assignment and designation of ESS officers and men as operatives in the Environmental Protection Unit in concurrent capacity and in addition to their present duties and functions in their respective District Offices covering the 15 Collection Districts nationwide . 11. Draft of Expanded MOU between BOC and DENR – under review in the Office of Secretary, DENR 12. Customs Memorandum Circular# 112-2005 dated May 11, 2003 based on the EMB Memorandum Circular# 2005-03 dated April 19, 2005 Re: List of Alternatives to Ozone Depleting Substances. United Nation Environment Program UNEP)/World Customs Organization (WCO)/Regional Intelligence Liaison Office– ASIA Pacific (RILO-AP) - Project on Combating Illegal Trade of Ozone Depleting Substances (ODS) PROJECT SKY HOLE PATCHING PHASE 1 Participants: MEMBER COUNTRIES IN THE ASIA PACIFIC REGIONS (Customs -Ozone Officers, RILO Contact Persons and UNEP/ROAP-CAP) PROJECT SKY HOLE PATCHING PHASE 2 It includes the implementation of the provisions of Basel Convention (Cross-Border Illegal Shipments of Hazardous and other wastes). Presidential Decree No.1144

FPA rules & regulations #1 series 1977 Pursuant to Presidential Decree No. 1144 promulgated on May 30, 1977, the Fertilizer and Pesticide Authority hereby Promulgates and adopts the following rules and regulations to govern the importation, manufacture, formulation, repacking, distribution, sale, storage, and use of pesticide in the interest of improving agriculture production, protecting public health and enhancing environmental quality

Methyl Bromide Technical Advisory Committee (MBTAC) 1. Fertilizer Pesticide Authority (FPA) 2. Philippine Ozone Desk, Environmental Management Bureau POD-EMB 3. Bureau of Plant Industry (BPI) 4. Bureau of Post Harvest Research and Extension (BPHRE) 5. National Food Authority (NFA) 6. Land Bank of the Philippines (LBP) Republic Act No. 9147 (Wildlife Resources Conservation and Protection Act)

Department of Environment and Natural Resources (DENR) Department of Agriculture (DA) and Palawan Council for Sustainable Development (PCSD) Issued Joint Administrative Order No. 01 s. 2004 The implementing rules and regulations (IRR) which prescribes the procedures and guidelines for the effective implementation of this Act. CITES Management Authority Protected Areas and Wildlife Bureau (PAWB) Department of Environment and Natural Resources CITES Scientific Authority Bureau of Fishery and Aquatic Resources (BFAR) Department of Agriculture Memorandum of Agreement (MOA) to abate Illegal Trade of Wildlife August 22, 2005 Government Agencies • Protected Areas and Wildlife Bureau (PAWB) • National Bureau of Investigation (NBI) • National Capital Region Police Office (NCRPO) • Criminal Investigation and Detection Group (CIDG) • Philippine Ports Authority (PPA) • Philippine Coast Guard (PCG) • Manila International Airport Authority (MIAA) • Bureau of Animal Industry (BAI) • Bureau of Domestic Trade (BDT) • Department of Education - National Capital Region (DepEd-NCR) • Bureau of Customs (BOC) Non Governmental Organization

1. My Zoo Volunteer Group Foundation (MYZOO) 2. Herpetological Society of the Philippine (HSP) 3. Philippine Avicultural Federation (PAF) 4. Haribon Foundation for the Conservation of Natural Resources (HARIBON) 5. Conservation International -Philippines (CI -Phils.)

Creation of Task Force Wildlife (TFW) – to abate Illegal Trade of Wildlife in Manila. Final Draft of Manual of Operations for Wildlife Law Enforcement Designations of Wildlife Enforcement Officers (WEOs) ASEAN-Wildlife Enforcement Network (ASEAN-WEN) Forest Management Bureau DENR DENR Administrative Order No. 99-46 : Revised regulations governing the entry and disposition of imported logs, lumber, veneer, plywood, other wood based panels, poles and piles, pulpwood and wood chips

Amending regulations 1. DAO 2000-14 2. DAO 2000 -20 3. DAO 2001-22 4. DAO 2003-17

DAO 2003-24 : Implementing rules and regulations of Republic Act No. 91-75 otherwise known as (The Chainsaw of Act 2002) Nationwide Workshop to Draft Manual on Forest Law Enforcement with due Diligence Mechanism – for standardization of Forestry Protocols Asia Forest Law Enforcement and Governance Interpol (ICPO) “Operation Chainsaw” MEGAPORTS INITIATIVE PROJECT Goals of Joint Cooperation – Strengthen port security in the Philippines – Provide long-term security benefits to Philippine seaports – Protect health and safety of Philippine citizens from accidental or intentional exposure to radiation – Strengthen the security of the international maritime trading system Equipment

• Types of Equipment typically provided: – Fixed-Radioactive Portal Monitors • Vehicle monitors

TSA Personal Radioisoto – Handheld Survey Radiation pic Meter Detectors Identifiers • Personal Radiation (pagers) (RIID) Pagers • Survey meters • Radioisotopic Identifiers Equipment —Vehicle Monitor Equipment-Communications System

Central Alarm Station

Bureau of Customs XXX-X---rayray Inspection Project Bureau of Customs XXX-X---rayray Inspection Project Deployment of X-ray Machines to Field Offices in the Different Ports of Entry: •Port of Manila •South Harbor - 5 units •MICP - 4 units •Port of Subic - 2 units •Port of Clark - 2 units •Port of San Fernando, La Union** - 1 unit •Port of Batangas* - 4 units One (1) unit is relocatable •Port of Cebu - 4 units •Port of Cagayan de Oro - 2 units •Tagoloan •Port of Davao - 3 units One (1) unit is relocatable •General Santos - 2 units •Port of Zamboanga - 1 unit 30 units in All *Deployed but not yet operational **For deployment and still in PPA Warehouse, Batangas Philippine Customs Intelligence System (PCIS) Project

This is a JICA funded project which was focused on how BOC can best manage its stakeholders with the introduction of modern risk management systems. Risk- based control and management system is a must under the Revised Kyoto Convention. BOC has recently established Risk Management Office in compliance with such requirement paving the way for the implementation of PCIS in the future. Japanese experts from Nagoya Customs conducted Stakeholder’s Management Workshop.

LEGEND: SEA LANES EXISTING CWS PROPOSED

BONGAO TINAKA

• NSC organized an IATWG on Border Crossing chaired by PN to ensure interface between PBMP and Coast Watch South

• Held organizational meeting last 29 March 07 Philippine Border Management Project (PBMP)

Trade Related Technical Assistance (TRTA) European Union (EU) International Organization for Migration (IOM) Philippine Border Management Project (PBMP) The project is funded by the EU and implemented by IMO in partnership with the following government agencies : Bureau of Immigration, Bureau of Customs, Department of foreign affairs, National Intelligence Coordinating Agency, Philippine Center for Transnational Crime and National Economic Authority. The PBMP project has four modules targeting five pilot sites namely, Laoag, Manila, Cebu,Davao,and Zamboanga. Philippine Border Management Project (PBMP) This three-year project is expected to facilitate (1)the promotion of best international border management standards; (2) the efficient sharing of intelligence information among border management agencies through a secure linked IT system; (3) the prevention of the circulation of false identity documents and (4) the marked increase of the capacity of border management senior and technical staff through training activities Philippine Border Management Project (PBMP) The Modules: 1.1.1.Border Management Best Practices Review and Analysis It involves the review and analysis of current data on established border management best practices in other countries including appropriate legislation and policies with Philippines’ own respective mechanisms. 2.2.2.Information Sharing –––Integrated Data Migration System (IDMS) and Common Database Development This module intends to strengthen and upgrade the Philippines’ interagency border control information management through the establishment, maintenance and use of an integrated and secure IT data management systems or IDMS. Philippine Border Management Project The Modules: (PBMP) 3. Document Integrity – Technology Applications and Awareness-Raising This module focuses on technology applications improvement activities and awareness-raising campaign via multi-media information dissemination to reach relevant officials across the country who prepare and authenticate original documents essential o establish personal identity. 4. Education and Training This module addresses the unique conditions of the different levels of border control officials by seniority as well as between agencies dealing with common concerns. MEMORANDUM OF AGREEMENT NATIONWIDE PORT OPERATIONS AND LAW ENFORCEMENT ORGANIZATIONAL NETWORK FOR A STRONG REPUBLIC (THE NETWORK) 1. Bureau of Customs (BOC) 2. Philippine Coast Guard (PCG)

Bureau of Customs Philippine Coast Guard By: Honorable Napoleon L. Morales By: Vice Admiral Wilfredo D. Tamayo Commissioner Commandant

Signed on 29 th day of September, 2008 in Manila. Photo taken during the signing of the Memorandum of Agreement establishing the NATIONWIDE PORT OPERATIONS AND LAW ENFORCEMENT ORGANIZATIONAL NETWORK FOR A STRONG REPUBLIC on the 29 th of September 2008 NATIONWIDE PORT OPERATIONS AND LAW ENFORCEMENT ORGANIZATIONAL NETWORK FOR A STRONG REPUBLIC (THE NETWORK)

The Bureau of Customs and the Philippine Coast Guard jointly establish, constitute and operationalize the NATIONWIDE PORT OPERATIONS AND LAW ENFORCEMENT ORGANIZATIONAL NETWORK FOR A STRONG REPUBLIC (The NETWORK) aimed at addressing common concerns of the parties, including but not limited to the following, namely: anti-smuggling operations, revenue collections and plugging some tax leaks, advancement of pro-environment goals, the prevention of the entry of anti-social goods as well as the complementation of the parties’ existing programs and projects. JOINT COASTAL COORDINATION DESK (JCCD)

A Joint Coastal Coordination Desk (JCCD) is hereby established to serve as Executive Office of the NETWORK to effectively implement the Memorandum of Agreement. It shall be composed of the members of the respective Technical Working Groups (TWG) of the parties. It shall be chaired by the Head of the respective Technical Working Group alternately on a quarterly basis. However, upon signing of the MOA, the Chairmanship of JCCD shall be lodged to the BOC until end of the last quarter of 2008 when the Chairmanship shall forthwith be passed on to the PCG. The JCCD shall be responsible for the drafting and formulation of rules and regulations related to the operation, monitoring and enhancement of the processes and systems relative to this Agreement. The MOA will allow the PCG to conduct searches, seizures, and arrests in conformity with the provisions of the Tariff and Customs Code of the Philippines (TCCP) to put to an end on smuggling and to ensure that smuggling activities will not prevail along the shore and in private wharves. On the other hand, BOC will be able to tap, enlist and utilize the capacities and capabilities of the Philippine Coast Guard through its mandate of maintaining maritime security in Philippine waters. MEMORANDUM OF Strategic PartnershipAGREEMENT on Immigration, Customs, Quarantine Enforcement (SPICQE) December 9, 2009 1. Bureau of Immigration (BI) 2. Bureau of Customs (BOC) 3. Bureau of Quarantine (BOQ) The Bureau of Customs has combined forces with the Bureau of Immigration and Bureau of Quarantine to strengthen its mandate by establishing a joint enforcement bureau to prevent the entry of smuggled goods and undocumented foreign nationals. The MOA is geared to address common concerns such as anti- smuggling operations, revenue collection, plugging tax leaks, trafficking in persons, entrance and clearance of vessels, alien documentation, verification, detention, entry and exclusion. These will include inspection of ocean going vessels, aircrafts, crews, passengers, and cargos for health purposes.

MABUHAY THANK YOU FOR YOUR ATTENTION

A Presentation of MAJOR NICOMEDES P. ENAD Chief Environmental Protection Unit Enforcement and Security Service Enforcement Group, Bureau of Customs ESS Central Office, BOC Complex, Port Area, Manila (+632) 527-4643, (+63919) 5959-719 [email protected]