1010001010101101010010101010110101001011101010100101110101010101010 1011010101010101101101010101010010101010101010101010110101001010101 0101110101101011001010101010101010101010100101010101010110101010100 the cip report CENTER FOR INFRASTRUCTURE PROTECTION VOLUME 9 NUMBER 6 and Homeland Security December 2010 In this month’s issue of The CIP Report, we highlight specific topics that affect the Postal and Shipping Sector. OSTAL AND HI pp ING P S The events that occurred in October 2010 underline the SECTOR importance of this Sector, especially during the holiday season. We feature an article from the President of The Mail Center Security ....................2 Berkshire Company, who provides recommendations to Smart Containers .........................3 mail centers to enhance their security. The President CENTER of the Cargo Intelligence and Security Association and for the Chairman of Powers Global Holdings discuss the INFRASTRUCTURE PROTECTION Piracy and Shipping .....................4 and capabilities of smart containers in protecting the HOMELAND SECURITY Air Cargo Security ........................6 global supply chain. Then, the impact of piracy on shipping and global trade is examined. Finally, we provide a brief overview Legal Insights ...............................7 and update on the events that occurred in October 2010, in which two toner- cartridges carrying explosive material were shipped to the United States from Yemen. This month’s Legal Insights analyzes the initiatives that have been launched by the United States Customs and Border Protection (CBP) to ensure secure and Editorial Staff efficient trade. Editors We would like to take this opportunity to thank the contributors of this month’s Devon Hardy issue. We truly appreciate your valuable insight. Olivia Pacheco Staff Writers We hope you enjoy this issue of The CIP Reportand find it useful and informative. Thank you for your support and feedback. M. Hasan Aijaz Shahin Saloom JMU Coordinators Ken Newbold John Noftsinger Publisher Liz Hale-Salice Mick Kicklighter Director, CIP/HS Contact: [email protected] George Mason University, School of Law 703.993.8591 Click here to subscribe. Visit us online for this and other issues at http://cip.gmu.edu The CIP Report December 2010 Mail Center Security: Handling With Care by Mark Fallon, President and CEO, The Berkshire Company “Want of care does us more damage the mail center to pick up mail or Letter bombs do not fit in a flat than want of knowledge.” packages. Furthermore, a service envelope. Therefore, if feasible, counter should be contructed to purchase an x-ray machine. An – Ben Franklin handle queries from customers (an x-ray machine can easily detect inexpensive and effective solution the components of a letter bomb. In July 2010, a package bomb is to put a table in front of mail All employees should be trained disguised as a box of chocolates was centers). on how to properly use the x-ray sent to an oil executive’s home in machine, and how to react if they Houston, Texas. In October 2010, The service counter and all doors detect a threat. terrorists shipped package bombs should be monitored by surveillance labeled as copier parts. During the cameras –— an excellent deterrent. It is crucial to communicate and month of November, Italy and However, surveillance cameras make post procedures on how to handle Greece saw an increase in the some people uneasy. Employees an envelope or a package that number of parcel bombs. should be informed that the contains a threat of a biological or cameras are used to help protect chemical agent, or an unidentified The proper response to these them from harm. Open, honest powdery substance. The United incidents is a renewed dedication to communication is essential for a States Postal Inspection Service uses preparedness. Security in mail security plan to be successful. the acronym “SAFE:” centers is always important, and the holiday season is no exception. Openness with employees should Safety comes first. Increased volumes of packages and a be easy because a background check Assess the situation before taking festive atmosphere can lead to a lax should have already been conducted action. attitude. Managers must take a before they were hired. If this has Focus your efforts on the hazard, proactive approach towards security not already occured, it is important avoiding contact and access. and awareness by reinforcing the to work with human resources to Evaluate the situation and notify basics, reexamining current plans, establish a screening process for all authorities. and increasing the amount of employees. If an outsourcing vendor training. The following is used, background checks on their The most important thing to recommendations are provided to staff should also be required. remember when dealing with a mail improve mail center preparedness. bomb, or biological or chemical Employees must be trained to agent threat is: do not panic. Rash It is essential that mail centers recognize a suspicious package or actions can lead to even more review security plans and make envelope. The characteristics of a harmful consequences. Bombs sent certain that it includes measures to potential hazard include: through the mail do not usually protect employees from harm and have ticking timers, and biological safeguard the mail that is handled. • No Return Address agents do not spread rapidly on Also, the physical layout of mail • Excessive Postage their own. If a mail center receives centers should be examined. Mail • Misspelled Words a suspicious package, cordon off the centers should also ensure that all • Protruding Wires area and follow the established access points are secured from • Strange Odor procedures: unauthorized entry. In addition, • Oily Stains/Discoloration on non-mail operations employees Wrapper should be prohibited from entering • Excessive Tape or String (Continued on Page 9) 2 The CIP Report December 2010 The Private Sector’s Contribution to Security and Efficiency by Ed Harrison, President, Cargo Intelligence and Security Association, and Dr. Jim Giermanski, Chairman, Powers Global Holdings Most supply chain executives multiple legislative acts of different 1999. This Convention developed understand that smart containers nations, to include changes in the guidelines for the use of advanced can detect something, but little U.S. Federal Rules of Civil electronic transmission of more is known or appreciated. In Procedures with respect to the information to Customs’ fact, not all smart containers have qualification and use of electronic computerized systems, including the same levels of intelligence. The evidence as part of a chain of the use of electronic exchange of smartest type tells who supervised custody. information for export and import its stuffing, what is in it, where it is transactions.1 leaving from and where it is going, Recently Alan Bersin, who is carrying it, where it is at any Commissioner, U.S. Customs and This was the first organizational given time, where it is and should Border Protection (CBP), U.S. step moving the global supply chain not be, and whether an authorized Department of Homeland Security toward the “electronic age.” It was person opens it at destination. It (DHS), before the Senate soon followed by a series of will also signal any unauthorized Commerce, Science and agreements and laws further access en-route and say where Transportation Committee, defining the use and that access took place. The least supported the importance of implementation of electronic data: intelligent container usually can tell technology: you if its doors were opened en- 1. U.S. Trade Act of 2002 as route. We are operating in the age of amended by The Maritime integrated global supply chains, and Transportation Security Act; There is also the issue of our approach to this environment government and non-government must be equally comprehensive and 2. UN Commission for Europe compliance. To comply with most global. While inspections and Recommendation 33-Single programs today a smart container operations at our ports are a key Window (2004); consists of an end-to-end, door-to- component of our strategy, to fully door, origin-to-destination security meet our responsibilities, we must 3. U. S. Customs and Border and supply chain optimization identify and stop threats before they Protection’s (CBP) Customs Trade system that meets or exceeds the arrive at American ports. This Partnership Against Terrorism requirements and benefits of World requires that we secure the flow of (C-TPAT); Customs Organization (WCO) cargo at each stage of the supply chain Standards; the United Nation’s — at the point of origin, while in 4. The U.S. Automated (UN) Single Window concept, transit, and when it arrives in the Commercial Environment and through which electronic data flows. United States. E-Manifest Systems; Smart containers also meet the requirements of security programs This move toward technology is also 5. Kyoto Convention ICT such as the Customs Trade internationally supported. The first Guidelines (Information and Partnership Against Terrorism support for an “electronic” supply Communication Technology) 2004; (C-TPAT); the Authorized chain actually began with the (Continued on Page 10) Economic Operator (AEO); and Revised Kyoto Convention of 1 http://www.wcoomd.org/home_pfoverviewboxes_tools_and_instruments_pfrevisedkyotoconv.htm. 3 The CIP Report December 2010 Piracy in Africa and the Shipping Industry Introduction decelerated in 2008, expanding by Africa, they also supply