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The Impact of the Application of International Air Cargo Security Regulations in South Africa

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The Impact of the Application of International Air Cargo Security Regulations in South Africa THE IMPACT OF THE APPLICATION OF INTERNATIONAL AIR CARGO SECURITY REGULATIONS IN SOUTH AFRICA by EITAN MANUEL DAMIAN NEVO submitted in accordance with the requirements for the degree of MAGISTER TECHNOLOGIAE in Security Management at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: Prof. AdeV MINNAAR CO-SUPERVISOR: Prof. CJ MORRISON 2015 © University of South Africa 2015 INDEX COPYRIGHT DECLARATION…………………………………………………………… ii DECLARATION FORM……………………………………………...…………………….iii ACKNOWLEDGMENTS………………………………………………...………………... iv LIST OF ABBREVIATIONS.…………………….………….…………...……………….. v ABSTRACT ………………………………………………………………………….……..vii EXECUTIVE SUMMARY.…………………………………..………………………...……xi TABLE OF CONTENTS………………..………………………………………………… xii i © University of South Africa 2015 COPYRIGHT DECLARATION All rights reserved jointly by the University of South Africa (UNISA) and E.M.D. Nevo. In terms of the Copyright Act 98 of 1978, no part of this material may be reproduced, be stored in a retrieval system, be transmitted in any form or be published, redistributed or screened by any means (electronic, mechanical, photocopying, recording or otherwise) without prior written permission from UNISA. However, permission to use in these ways any material in this work is derived from other sources must be obtained from the original source. For academic and research purposes original information may be used and referred to so long as it is properly referenced and the source acknowledged as such. ii © University of South Africa 2015 DECLARATION FORM Student number: 4343-470-3 I, Eitan MD Nevo, declare that this dissertation: THE IMPACT OF THE APPLICATION OF INTERNATIONAL AIR CARGO SECURITY REGULATIONS IN SOUTH AFRICA Is my own work and that all the sources that I have quoted have been indicated and acknowledged by means of complete references. 23 February 2015 SIGNATURE (E.M.D. NEVO) DATE iii © University of South Africa 2015 ACKNOWLEDGEMENTS First and foremost I wish to thank my wife, Lindy. For the patience and support over the lonely evenings and weekends she endured, due to my studies and being ‘in the zone’ and ‘on the line’. I also wish to deeply thank Professor Minnaar and Professor Morrison for their guidance, patience and the many hours over lunches and coffee, setting me on the right course in this study. Without you this would have taken much longer, I am in your debt. I thank my company, Bidvest Magnum, for the time afforded me to complete this research, and the support I received from top management over the last two years. My heartfelt thanks and deep gratitude to the South African Civil Aviation Authority (SACAA) for allowing me to conduct this research, as well as the many colleagues and friends, herewith referred to as ‘respondents’, for sharing their time and insights with me. I hope you will all find this research helpful and interesting. Lastly, but not least, to my family back home and my close friends for the love, support and unwavering belief in me. iv © University of South Africa 2015 LIST OF ABBREVIATIONS AASA Airlines Associations of South Africa ACI Airports Council International ACS Air Cargo Security or Aviation Coordination Services ACSA Airports Company South Africa ACSEC Air Cargo Security AEO Authorized Economic Operator AIID Accident and Incident Investigation Division (SACAA) ATNS Air Traffic and Navigation Services ATSA The Aviation and Transportation Security Act AVSEC Aviation Security CBP US Bureau of Customs and Border Protection CCSF Certified Cargo Screening Facilities C-TPAT Customs-Trade Partnership Against Terrorism CAA Civil Aviation Authority CAPEX Capital Expenditure CATS Civil Aviation Technical Standards CCTV Closed Circuit Television CT SCAN Computer Tomography Scan CCSP Certified Cargo Screening Program CDCAA Chief Directorate, Civil Aviation Authority DGR Dangerous Goods Regulations DHS Department of Homeland Security DO Designated Official DOT Department of Transportation ECAC European Civil Aviation Conference EDS Explosive Detection System ETD Explosive Trace Detection EU European Union FAA Federal Aviation Administration FCA Firearms Control Act FedEx Federal Express FF Freight Forwarding (Company) GAO Government Accountability Office GH Ground Handling (agent) GSA General Sales Agent GSP Ground Service Provider HBS Hold baggage Screening IATA International Air Transport Association ICAN International Commission for Air Navigation ICAO International Civil Aviation Organisation IED / IID Improvised Explosive Device / Improvised Incendiary Device IFALPA International Federation of Airline Pilots Associations v © University of South Africa 2015 INTERPOL International Police JHB Johannesburg KC Known Consignors K9 Canine - refer to a dog / Sniffer Dog MANPADS Man Portable Air Defence Systems MEDDS Mechem Explosives and Drug Detection System MOP Memorandum of Procedures NASC National Aviation Safety Committee NASP National Aviation Safety Program (security) NATA National Air Transportation Association (US) NDoT National Department of Transport OEM Original Equipment Manufacture OJT On the Job Training OPEX Operating Expenditure ORTIA / OR Tambo Oliver Reginald Tambo International Airport OSO Office of Security Operations PETN Pentaerythritol Tetranitrate (Explosive material) RA Regulated Agent RASCO/RASCARGO Remote Air Sampling for Canine Olfaction REST Remote Explosive Scent Tracing SA South Africa SA-CATS South African Civil Aviation Technical Standards SAA South African Airlines SACAA South African Civil Aviation Authority SADC Southern African Development Community SAPS South African Police Service SARP/SARPs Standards and Recommended Practices SARS South African Revenue Service SIM Subscriber Identification Module TSA Transportation Security Administration TWA Trans World Airlines UK United Kingdom UPS United Parcel Services USA United States of America vi © University of South Africa 2015 ABSTRACT This research project, within the context of security risk management in general and aviation security in particular, aimed to explore the impact of the application of international and local air cargo security regulations on South Africa, with specific reference to the regulations of the International Civil Aviation Organisation (ICAO), as well as the European Union (EU) and the United States of America (USA). In South Africa, since the early 2000s, the South African Civil Aviation Authority (SACAA) has been the lead agency for dealing with and managing the needs for air cargo security. This oversight by SACAA culminated in 2009 with the promulgation of the SACAA Regulation commonly known as Part 108. Accordingly the primary research focus was on the impact Part 108 has had on the air cargo industry in South Africa. In addition, it compared the South African regulations with those of the USA and EU regulations; explored the compliance of the various roleplayers; sought to understand the enforcement of the regulations; and examined the effectiveness of the available security and screening methods. Furthermore, the research attempted to determine whether these regulations had any effect on preventing or deterring crime in the air cargo sector. Key terms: Aviation Security (AVSEC); Air Cargo Security (ACSEC); terrorism; international air cargo security regulations; South African Air Cargo Security Regulations; Part 108; South African Civil Aviation Authority (SACAA); cargo screening; air cargo crime. vii © University of South Africa 2015 EXECUTIVE SUMMARY This research project, within the context of security risk management in general and aviation security in particular, aimed to explore the impact of the application of international and local air cargo security regulations on South Africa, with specific reference to the International Civil Aviation Organisation (ICAO), as well as European Union (EU) and United States of America (USA), regulations. Since the events of 11 September 2001 (the so-called 9/11) bombing attacks, as well as the 29 October 2010 incident, referred to as: ‘The Cartridge Plot’, air cargo security has begun receiving some of the attention it actually deserves. Air cargo security has been referred to as ‘the ugly step-child’, hinting that Aviation Security (AVSEC) and air safety take precedence over Air Cargo Security (ACSEC) with the former somehow more important than the latter (Hoffer, 2008: 148). Air cargo security does not even have its own acronym. In this study the researcher coined the term ACSEC – Air Cargo Security – similar to AVSEC (Aviation Security) but still different, unique and specialised. Air cargo deserves this special treatment, since on one hand it contributes major revenues to the air industry, yet on the other hand, it presents various challenges with regard to its overall safety and security. Realising the potential challenges faced by aviation security in general and air cargo security in particular, ICAO formulated strict rules and regulations whereby each contracting state must establish a ‘civil aviation authority’ to handle each country’s aviation responsibilities, including aviation and air cargo security. In South Africa, since the early 2000s, the South African Civil Aviation Authority (SACAA) has been the lead agency for dealing with and managing the needs for air cargo security. This oversight by SACAA culminated in 2009 with the promulgation of the SACAA Regulation commonly known as Part 108. Part 108 of the Civil Aviation Regulations was operationalised as from the 1 July 2009. Part 108 places certain responsibilities and duties, in terms of cargo security on,
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