new perspectives on the customs supply chain security paradigm

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WCO Research and Strategies Unit New Perspectives on the Customs Supply Chain Security Paradigm Robert Ireland http://www.wcoomd.org/home_research.htm

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Atelier 7 - Robert Ireland This presentation is a brief history of the emergence of the Customs Supply Chain Security Paradigm, which at its heart was the customs contribution to counter-terrorism following 9/11. The “new perspectives” in the title are some concluding thoughts on where we are now. In essence, the Customs Supply Chain Security Paradigm is fading as a prioritized customs policy issue, even for the United States. Following the 9/11 attacks, the paradigm emerged consisting of new national customs policies and World Customs Organization (WCO) standards intended to communicate that international cargo ships would be deterred from being used as a conduit for the delivery of terrorists or terrorist attacks. This presentation traces the paradigm’s emergence and its upward trajectory which began with the launch of the two key US Customs programmes (C-TPAT and CSI), continued with the adoption of the WCO SAFE Framework of Standards to Secure and Facilitate Global Trade, and reached a climax with the US 100% container scanning law. It will discuss the major policy themes pushed by the US Government, namely advance cargo information submission requirements, customs risk management, non-intrusive cargo scanning equipment, and security-oriented Authorized Economic Operator (AEO) programmes. It will then describe where we are now, namely a downward trajectory with the de facto abandonment of 100% scanning and the US budget crisis which foretells fewer resources for the paradigm.

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Page 1: New Perspectives on the Customs Supply Chain Security Paradigm

WCO Research and Strategies Unit

New Perspectives on the Customs Supply Chain Security Paradigm

Robert Ireland

http://www.wcoomd.org/home_research.htm

Page 2: New Perspectives on the Customs Supply Chain Security Paradigm
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Cronin, Audrey Kurth (2009), How Terrorism Ends, Princeton: Princeton University Press.

The Term Terrorism:

• Political Nature

• Non-State Character

• Does not abide by international laws or norms

• The deliberate killing of civilians

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U.S. response to 9/11

• Offensive actions• Military-oriented

• Defensive actions• Passengers (especially aviation)• Immigration• Customs (especially maritime cargo)

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Early post- 9/11 U.S. Customs security measures

C-TPAT (2002)CSI (2003)

24 Hour Rule (2003)National Targeting Center (2001)

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Michel Foucault. Discipline and Punish: The Birth of the Prison (1995) “On the whole, therefore, one can speak of the formation of a disciplinary society in this movement that stretches from the enclosed disciplines, a sort of social 'quarantine', to an indefinitely generalizable mechanism of 'panopticism‘”

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Originally adopted June 2005

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SAFE Framework: 2 Pillars & 17 Standards

• Pillar 1: Customs-to-Customs network arrangements:– Advance electronic information, risk assessment, scanning at place of

export (11 Standards)

• Pillar 2: Customs-to-Business Partnerships:– Authorized Economic Operator (AEO) Programme – Validate secure

businesses and offer benefits (6 Standards)

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SAFE Framework 4 Core Elements

• Submission of advance electronic information• Risk Assessment• Scanners

• AEO

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CSI• Submission of advance electronic information• Risk Assessment• Scanners

C-TPAT

• AEO

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US CBP staffing levels: OFO and Border PatrolSource: CBP, Office of Congressional Affairs

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WCO Research and Strategies Unit

New Perspectives on the Customs Supply Chain Security Paradigm

Robert Ireland

http://www.wcoomd.org/home_research.htm