Memorandum from HM Customs and Excise
INTRODUCTION
1. This memorandum sets out the response
of HM Customs and Excise to the questions on wildlife crime in
the Sub-Committee's announcement of this current inquiry. Customs
have a number of responsibilities at the frontier involving animals
and wildlife but we have confined this memorandum to those concerned
with the Convention on International Trade in Endangered Species
of Wild Flora and Fauna (CITES).
CUSTOMS' ROLE
IN RELATION
TO ENDANGERED
SPECIES
2. Customs enforce import and export controls
in relation to traffic to and from third countries in those species
(and their parts or derivatives) covered by EU Regulation 338/97.
Customs contribute to the multi-agency approach to prevent and
deter the illegal international trade in endangered species by:
— ensuring that declared trade is accompanied
by the correct documentation; and
— detecting illegal goods at import
or export and taking enforcement action including seizure and
confiscation of the goods and prosecution in appropriate cases.
3. Customs have contributed to a number
of initiatives on CITES enforcement, including work with the World
Customs Organisation, the EU CITES Enforcement Group, and the
Interpol European Wildlife Crime Sub Group, as well as supporting
Defra at the Conference of the Parties. Customs are members of
PAW—the Partnership for Action against Wildlife Crime, where
we have contributed to training and capability raising projects.
In addition to using intelligence internally, we work closely
with the National Wildlife Crime Intelligence Unit (NWCIU).
Question (1): What is the scale and impact
of wildlife crime?
4. Customs are aware of the demand within
the UK for exotic species of all descriptions and that some of
this demand is met by the smuggling of endangered species or high-value
derivatives. We publish current fraud risks and trends in our
internal guidance to front line Customs staff. We look to PAW
partners, though, and especially Defra and NWCIU, to produce risk
assessments of the scale and impact of wildlife crime, which in
turn inform our targeting.
5. Appendix A provides summary information
of seizures of endangered species by Customs in the last three
years. We provide statistical information on seizures to Defra
who, as the Management Authority for the UK, remit them to the
CITES Secretariat and the European Commission for publication.
The current areas of concern in respect of smuggling include:
— live reptiles, in particular chameleons
and tortoises;
— plants, including orchids and cycads;
— timber, the majority involving Ramin,
but we have also seized Big-leafed mahogany;
— medicines containing controlled animal
and plant species associated with the use of traditional East
Asian medicines;
Question (2): Is the framework of national
and European law and of international regulation robust enough
to deal with wildlife crime effectively?
6. From Customs' perspective there are two
principal legal provisions governing our activity. We consider
that these provisions are sufficient and robust enough to allow
us to exercise the proper level of controls. We share responsibility
for a third provision with the Police.
EU REGULATION 338/97
7. Council Regulation 338/97 (on the Protection
of Species of Wild Fauna and Flora by Regulating Trade Therein)
imposes import and export controls throughout the European Union
on all species (and their parts and derivatives) set out in the
CITES appendices. It also imposes controls on some additional
species that have been determined to require similar levels of
control, including invasive non-native species.
8. The species covered by the EU Regulation
are set out in four annexes to the Regulation:
Annex A All CITES Appendix I species; some
CITES Appendix II and III species for which the Community has
adopted stricter domestic measures; and some non-CITES species.
Annex B All other CITES Appendix II species;
some CITES Appendix III species; and some non-CITES species.
Annex C Most CITES Appendix III species.
Annex D Some CITES Appendix III species
for which the Community holds a reservation; and some non-CITES
species.
9. Any species in these annexes may only
be imported from or exported to third countries if the correct
permits or other documentation are presented to Customs at the
time of arrival or departure at the EU frontier. Many imports
involving the more endangered species also require a valid export
permit issued by the appropriate authority in the country of origin
or the country of re-export.
10. The Regulation enables Customs to treat
as a controlled item any product whose labelling or other papers
claim that it contains any part of an endangered species, without
having to employ scientific analysis to determine that the item
is actually present. This assists in the control of those traditional
East Asian medicines that purport to contain species such as tiger,
bear and leopard.
11. We are occasionally involved in action
against CITES goods arriving from other EU member states—which
is otherwise a matter for the Police. We intervene when there
is no way of legally importing those goods from outside the EU.
We then use Regulation 5 of Control of Trade in Endangered Species
(Enforcement) Regulations 1997 (COTES) to seize the goods, with
prosecution being brought under CEMA where we can prove that the
goods were smuggled into the EU (albeit through another member
state).
CUSTOMS AND
EXCISE MANAGEMENT
ACT 1979
12. General Customs requirements in relation
to imports and exports are common throughout the EU and are set
out in Council Regulation (EEC) No 2913/92 of 12 October 1992
establishing the Community Customs Code. Customs enforcement powers
are mainly derived from the Customs and Excise Management Act
1979 (CEMA), which sets out the principal offences and sanctions
in the event of an illegal import or export. The most relevant
provisions are:
Section 49: makes imported prohibited and
restricted goods liable to forfeiture;
Section 68: makes prohibited and restricted
goods at export liable to forfeiture, and creates offences in
relation to their export;
Section 139: powers to detain or seize goods
liable to forfeiture;
Section 141: powers to seize goods packed
or found with goods liable to seizure;
Section 167: offences in relation to false
or reckless declarations or documents;
Section 170: offences in relation to the
import of prohibited and restricted goods.
13. Customs have powers to restore seized
goods on terms determined by the Commissioners of Customs and
Excise. Persons convicted on indictment of being knowingly concerned
in the smuggling of CITES-listed endangered species are liable
to a penalty of up to seven years imprisonment and/or an unlimited
fine.
14. In appropriate cases we have also made
use of the Proceeds of Crime Act 2002 enabling a court to issue
a confiscation order for monetary assets earned through criminal
activity. In order to do so, we need to establish on balance of
probability the amounts of money gained by such unlawful activity
rather than legitimate activities.
Question (3): Do responsible bodies who deal
with this type of crime have sufficient resources and powers to
do so? Do they treat wildlife crime with proper and due gravity?
Customs Approach
15. Customs apply checks on a risk-assessed
and targeted basis in relation to all prohibitions and restrictions
that we enforce at the frontier. The main endangered species risks
concern smuggling, misdescription as non-endangered species, and
the use of false or inaccurate permits (for example, excess of
numbers specified on permits or breaches of the stipulated conditions).
Our objectives are to:
— ensure that prohibited goods (particularly
Annex A listed species without permits) are detected and seized
on entering the UK;
— ensure that restricted goods (ie
other Annex species) are identified on entering or leaving the
UK and, if not accompanied by a valid permit, are detained and
seized as appropriate; and
— maximise the deterrent effect by
confiscation and prosecution together with appropriate publicity.
16. We discharge our role by:
— using our computerised import and
export freight systems to highlight if controlled species or their
parts or derivatives are being traded commercially;
— profiling and targeting unlicensed
shipments of controlled species;
— detecting unlicensed goods and seizing
where warranted and seizing smuggled goods;
— dealing with claims against forfeiture,
only restoring seized goods in those cases where valid permits
are obtained and presented; confiscation in itself can be effective
since in many cases, in addition to the cost, endangered specimens
are highly prized and difficult to replace;
— detecting illegal goods in transit
to other EU member states or third countries and taking enforcement
action or arranging controlled deliveries if requested by the
appropriate enforcement authorities of the intended country of
destination;
— considering for investigation and
prosecution cases involving the commercial use of endangered species
listed in Annexes A or B, or in circumstances where a deliberate
or organised attempt has been made to evade or breach the regulations
for commercial gain;
— providing intelligence to NWCIU with
our CITES Intelligence staff acting as a point of contact for
information and intelligence from Defra, NWCIU and NGOs such as
TRAFFIC; and working up packages from information received to
enable detections to be made or past breaches prosecuted;
— disposing of seized goods—any
live specimens are, subject to health requirements, found the
most suitable homes with zoos, bird parks or specialist keepers,
and confiscated parts and derivatives are either destroyed or
donated to museums, zoos etc for scientific or educational use;
and
— working with Defra and NGOs such
as WWF and others to raise public awareness of the controls through
participating in joint media events.
17. Identification of species can be highly
complex and the presence of some fauna, especially if live, can
pose a number of practical problems. We have developed a specialised
training package dealing with key issues such as species identification
and the safe handling of live specimens. We also developed, in
partnership with a private contractor, a species identification
CD-Rom, called "Green Parrot", which contains high quality
images of species and derivatives with diagnostic features highlighted
to assist identification. This is also in use by a number of other
agencies.
Customs' Resources
18. Customs' objectives and the Government's
key priorities are set out in our Public Service Agreement. The
two main objectives are to collect the right revenue at the right
time from indirect taxes, and to reduce crime and dependency by
detecting and deterring the smuggling of illegal drugs and other
prohibited and restricted goods.
19. To do this HM Customs & Excise is
organised into two main areas of activity: Business Services and
Taxes (BST) and Law Enforcement (LE). It is Customs LE that combats
revenue evasion and the smuggling of a wide range of prohibitions
and restrictions, and maintains frontier security.
20. To fulfil these law enforcement responsibilities,
Customs deploy resources across the UK on an intelligence-led,
flexible and mobile basis. Experience demonstrates that fixed
teams of officers at every port and airport, on routine duty patterns,
are not the most efficient or effective way to tackle modern smuggling.
Flexible mobile teams allow Customs to deploy in larger numbers,
less predictably and with greater impact, to any area of the UK,
wherever intelligence identifies a risk. This makes things much
more difficult for the smugglers, who are less able to know what
to expect.
21. All front-line Customs staff dealing
with imports and exports include CITES restrictions among their
responsibilities and are provided with guidance on how to tackle
a detection involving a CITES-listed item.
22. Customs established a dedicated specialist
CITES Enforcement Team (CET) at Heathrow Airport in 1992. This
team co-ordinates and undertakes profiling and enforcement action,
providing technical advice to other Customs staff and to police
and NWCIU on a 24-hour basis. It has now developed considerable
expertise in this field and takes the lead on a number of the
activities set out in this memorandum.
23. Customs also have dedicated intelligence
and investigation officers who have built up expertise in CITES
regulations. Criminal investigations in CITES cases often pose
a number of complex practical problems.
24. Customs have brought together CITES
intelligence activity in the Customs Intelligence and Research
Team (CIRT) who ensure that intelligence is received and co-ordinated
in one place. Their role is to progress and disseminate intelligence
appropriately, working closely with the CITES Enforcement Team
and police, NWCIU and other internal and external parties as each
case requires. Prior to this, intelligence co-ordination was the
responsibility of a small network of CITES Wildlife and Endangered
Species Officers (CWESOs), based in each of our regions. Current
arrangements allow for more efficient links between the CITES
Enforcement Team, CIRT, the remaining CWESOs who act in an anti-smuggling
role and our enforcement partners.
25. Customs have worked closely with NWCIU
since its inception and have made a significant contribution to
their intelligence packages. We have agreed to pilot the secondment
of an intelligence officer to the unit who will take up post shortly.
Question (4): Is there sufficient dialogue
and co-operation across Government and amongst the various bodies
responsible for dealing with this type of crime?
26. Customs play an active role in PAW,
the Partnership for Action against Wildlife Crime, in a number
of ways. CITES training is delivered to Customs staff jointly
with the Police. Our CET have worked in partnership with the Royal
Botanical Gardens to produce enforcement material to aid capacity
building in other agencies and countries. We have contributed
to PAW publications such as the Guide to Combating Wildlife Crime.
As members of its Steering Group we have been able to work closely
with PAW partners such as Defra, ACPO, RSPB and TRAFFIC in a number
of areas to ensure that enforcement is joined up. We are also
actively involved in several of the PAW Sub Groups working on
publicity, training and improved enforcement. Active involvement
in PAW has built on years of already effective links with groups
such as the RSPB and TRAFFIC, who have on occasion been directly
involved in supporting our enforcement staff in dealing with the
smuggling of wildlife.
27. Customs have also made our specialist
training and awareness raising material available to other Customs
authorities either directly or as part of initiatives led by the
World Customs Organisation or TRAFFIC. We have provided input
into training workshops in several overseas countries, most recently
in Slovenia, Poland and Estonia. We made a major contribution
in developing the Traditional East Asian Medicine Guide for Enforcers,
on behalf of the CITES Secretariat.
28. At operational levels we have developed
close links with Police Wildlife Crime Officers (PWCOs), enhanced
through contact at PAW events and our annual joint conference.
We look to identify enforcement projects involving serious offences
and which would benefit by being tackled jointly. Where there
is any likelihood of a Customs interest in a police case we provide
advice and attend the enquiry if it is appropriate. CET regularly
provide advice to PWCOs on species identification, legislation,
confiscation and disposal of live animals. Our intelligence team
ensures that all relevant information is made available to NWCIU,
who act as a conduit for information received from regional police
forces and others. We also liaise with the CITES team at the European
Commission's anti-fraud unit, OLAF, who forward any relevant intelligence
received from other Member States.
June 2004
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