by Renato D. Palgan
The Bureau of Customs has started only last year its x-ray inspection of container cargoes in the major ports of entry in the country. This method of conducting container examination using the linear accelerator source of radiation, however, began in the late 1990’s among the well-developed countries, and became a world-wide phenomenon right after the World Trade Center Tragedy in the U.S on September 11, 2002. Although addressing the terrorists threats is the primary objective on non-intrusive inspection of container cargoes by most well-developed countries, the Bureau of Customs uses its x-ray machines for revenue generation and detecting all forms of irregularities inside the container van, like what most developing countries in the Asia Pacific Region usually do, aside from addressing the usual challenge of cargo security. In this paper, however, I will focus my discussion solely on the viability of container x-ray machines of the Bureau of Customs in container cargo security in compliance with some international initiatives and agreements, while the use of container x-ray machines as a revenue enhancement tool will be discussed in a separate topic in the future.
A. The standards set by the ISPS Code
The International Ship and Port Facility Security (ISPS) Code is a mandatory, comprehensive set of measures to enhance the security of ships and port facilities. Adopted in December 2002 by various states, including the Philippines, it is aimed to eliminate, as much as possible, the perceived threats of ships and port facilities in response to the “9/11 attacks“ in the United States by providing a set of mechanisms in maritime security. As part of the security framework that reinforces the International Convention for the Safety or Life at Sea (SOLAS), the ISPS Code serves as a guidance document in container cargo aspect by providing standardized security measures appropriate to a particular port, depending on the level of its security risks. It is basically a risk management approach that a member country may need to adopt, or revise existing measures, consistent with international requirements and best practices. Thus, the Code provides several ways in reducing the vulnerabilities of the ship and port facilities to the risks associated with terrorism—and the employment of non-intrusive container inspection is one of the recognized security standards in ascertaining the actual contents of container with greater accuracy and in much lesser time of doing it, which is also in accordance with the principle of trade facilitation.
As mentioned earlier, the compliance of this Code is mandatory to the contracting member-states. And since the Philippine Government is a signatory to this international agreement, the Bureau of Customs is duty bound to comply the provisions of the ISPS Code which are within its sphere of control and supervision, and on this case, it has exclusive jurisdiction over container cargo inspection using its container x-ray machines.
B. The Container Security Initiative
The most important national legal document of the United States of America nowadays which have equally international significance and repercussions to its trading partners world-wide is the Container Security Initiative (CSI) of the United States Customs and Boarder Protection. The CSI outlines four basic strategies to ensure that all U.S.-bound container cargoes are safe and do not possess any security threats. Under the framework of container security, the following practices must be observed: 1) the use of intelligence and automated information to identify and target containers that pose a risk for terrorism, 2) the pre-screening of those containers that pose a risk at the port of departure before they arrive at the U.S. ports, 3) the use of detection technology to quickly pre-screen the containers that pose a risk, and 4) the use of smarter and tamper-evident containers.
Among the elements mentioned, the use of non-intrusive container inspection, which is a technology-based cargo examination, to pre-screen containers at the port of departure, is perhaps one of the most important factors that has relevance to the acquisition of container x-ray machines by the Bureau of Customs. Being one of the major trading partners of the United States, the Philippine government could certainly not afford to lose the U.S. markets simply because the Bureau of Customs do not have the necessary technology to pre-screen containers being required by the U.S. Customs. As indicated in the rationale of its existence under CMO 6-2007, the emergence of the X-ray Inspection Project is certainly in response to the trends, challenges and even calls of the time. And the use of radiation-based technology, such as x-ray machines, is the new era in container cargo inspection which will set the standard in determining whether or not the container cargo is security risk.
C. The WCO Resolution on Non-Intrusive Inspection of Cargoes
In June 2002, the World Customs Organization (WCO) passed a resolution that requires its 161-member affiliated nations to develop program in Customs procedures similar to that of the United States’ Container Security Initiative. This call received a positive response first by the member-states of the European Union. Today, all Customs administrations in the European Union and almost all countries in the Asia Pacific Region, except perhaps Vietnam and Cambodia, have non-intrusive container inspection system in all their major ports of entry.
Although it takes almost fiver years for the Bureau of Customs to implement the WCO Resolution, it has nevertheless put clearly its intention to comply the same resolution with the issuance of Customs Administrative Order No. 1-2002 in the early part 2002, also known as “Providing for the Use of X-ray Machines as Alternative to Actual Physical Examination to Further Speed Up the Examination of Shipments and the Movements of Cargoes in the Bureau of Customs”, that sets the stage for the acquisition of the state-of- the-art container x-ray machines in 2006.
D. Law on Maritime Cargo Scanning Requirements
Another U.S. law that has significant effect on the conduct of trade and commerce with the rest of the world is the law on maritime cargo scanning requirement which was passed by U.S. Congress in August 2007. It requires freight containers bound for U.S. to undergo x-ray or gamma ray inspection to ensure that the container vans are not used by terrorists to smuggle weapons or explosives materials. This new law on non-intrusive inspection of containerized cargoes, which will take effect in 2012, will replace the current method of risk management approach under the Container Security Initiative, wherein only selected containers get scanned based on intelligence reports, profiling and evaluation of cargo documents, as well as forwarded criteria of cargoes to the computers for possible matching of potential risks. With this new system, all foreign governments which have a trade relationships with the U.S. will be forced to install non-intrusive container inspection machines in their respective Customs administrations in order that their U.S. – bound export cargoes will be accepted, or else they have to transship their cargoes to other countries with non-intrusive inspection facility before exporting them to the U.S.A.
As mentioned earlier the Bureau of Customs has already set up the x-ray inspection system on containerized cargoes in the major ports of entry in the country last year. Of the thirty units of x-ray machines, they are distributed according to the volume of container cargo traffic of the port, and their deployment are the following: Port of Manila, Manila International Container Port, Port of Cebu, Port of Cagayan de Oro, Port of Davao, Sub-Port of General Santos, Port of Zamboanga, Port of Batangas, Port of Subic, Port of Clark, and soon to be open at the Port of La Union. All the Customs x-ray facilities in these major ports will surely have a major role to play in the coming years as the U.S. law on maritime cargo scanning become operational and effective. And the Bureau of Customs has the higher advantage for proper operational procedures on x-ray examination because of its experience in container x-ray inspection when the time finally arrives for strict implementation of the new U.S. law.
By and large, the whole discussion on some international initiatives and agreements concerning container cargo security only shows the importance of container x-ray machines of the Bureau of Customs in implementing the international framework which provides for the use of non-intrusive container cargo examination to combat terrorism and security threats effectively. It also emphasizes the importance of the acquisition of these state-of-the-art machines to meet our international commitment and obligations as well as for the enforcement of Customs laws.
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