LETTER NEWS INTEGRATED BORDER MANAGEMENT. Quarterly newsletter December Project news and activities. - Country Profile: Belarus

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1 NEWS Quarterly newsletter December 2015 LETTER INTEGRATED BORDER MANAGEMENT IN THIS ISSUE: Dear Reader, - Project news and activities - Country Profile: Belarus - The Big Interview: Anti- Corruption - Fundamental Rights at the border As you will see from this edition of our newsletter, it has been a busy time for the Eastern Partnership Integrated Border Management Capacity Building Project. The project has delivered training events in Minsk, Kiev and Chisinau in recent months, while all project stakeholders gathered in Vienna at the end of November to review progress and plan a successful Our project implementers Frontex, WCO, IOM and ICMPD and the border and customs agencies from Armenia, Azerbaijan, Belarus, Georgia, Moldova and Ukraine seem to be working very productively together. The Vienna meeting allowed all parties to discuss ways project implementation could be improved even further. Many thanks to our partners in Belarus for hosting us in late September, and also for providing us with material for our country profile for this edition of the newsletter. We would like to take this opportunity to wish our friends in all the border and customs agencies in the Eastern Partnership region a very happy Christmas and peaceful New Year. Ronan Goggin, Editor eapproject@frontex.europa.eu

2 December 2015 Issue no. 3 THE PROJECT PARTNERS: AN INTRODUCTION Frontex The need to coordinate the border-management activities of an enlarged European Union was what led to the creation, in 2004, of Frontex whose full title is the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union. Essentially, Frontex helps border authorities from different EU countries work together. It is tasked with reinforcing and streamlining cooperation between national border authorities. The World Customs Organization (WCO) The World Customs Organization (WCO), established in 1952 as the Customs Co-operation Council, is an independent inter-governmental body whose mission is to enhance the effectiveness and efficiency of customs administrations. Its headquarters are in Brussels, Belgium. Today, the WCO represents 180 customs administrations across the globe that collectively process approximately 98% of world trade. The International Organization for Migration Established in 1951, IOM is the leading inter-governmental organisation in the field of migration and works closely with governmental, intergovernmental and non-governmental partners. With 157 member states, a further 10 states holding observer status and offices in over 100 countries, IOM is dedicated to promoting humane and orderly migration for the benefit of all. It does so by providing services and advice to governments and migrants. IOM OIM The International Centre for Migration Policy Development (ICMPD) The International Centre for Migration Policy Development (ICMPD), established in 1993 by Austria and Switzerland, is an international organisation headquartered in Vienna working in migration-related fields. Specifically, ICMPD works in the fields of irregular migration and return, trafficking in human beings, border management and visa, asylum, migration and development, and legal migration and integration. 2 eapproject@frontex.europa.eu

3 Project News PROJECT PARTIES REFLECT ON PROGRESS IN VIENNA Senior representatives from the border and customs agencies of all six Eastern Partnership countries were among those that met in Vienna this week to take stock of progress of the EaP-IBM Capacity Building Project. The project s main implementer, Frontex, together with implementing partners World Customs Organization (WCO), International Organization for Migration (IOM), and the International Centre for Migration Policy Development (ICMPD) presented work undertaken since the inception of the project in July To date, the project has carried out 14 training activities in areas such as trade facilitation, trafficking in human beings, risk analysis, English language training, fundamental rights, and anti-corruption. A total of 171 border guard and customs officers from all six EaP countries attended these training programmes. The project was able to report that the project facilitated the translation of the Common Core Curriculum for border guards into four of the EaP languages, while training and risk-analysis equipment had also been procured. Importantly, the Vienna meeting allowed the project beneficiaries to communicate their needs in looking towards the next phase of project implementation, and all parties discussed and agreed ways to improve working methodology. The project beneficiaries also expressed their deep gratitude towards Frontex, WCO, IOM and ICMPD for the support given thus far. The EaP-IBM Capacity Building Project will carry out four training events in Chisinau, Warsaw and Tbilisi in December. CUSTOMS OFFICIALS IN BELARUS LOOK TO SIMPLIFY PROCEDURES From September, 15 senior representatives of the State Customs Committee of the Republic of Belarus participated in training on the Authorized Economic Operator (AEO) concept carried out by Frontex and the International Organization for Migration (IOM) within the framework of the Eastern Partnership Integrated Border Management (EaP-IBM) Capacity Building Project. The idea of the AEO concept is to allow businesses achieve a certain status if they fulfill certain standards (related to solvency, security and safety for example), which will ultimately allow them to trade more efficiently and quicker. The AEO concept also forms a part of the World Trade Organization Trade Facilitation Agreement. The EU Customs Code provides the standards to be met, while national customs administrations then award AEO status, which is recognized across the EU. The main aim of this training was to share best European practices related to relationship between the business community and customs. Over the three days in Minsk, customs experts from the Czech Republic and Poland provided detailed information on AEO, dealing with topics such as legislation, criteria, benefits and implementation, and focusing on the experiences in those countries. The training also served as a useful platform for discussion and practical work. Although Belarus is part of the Eurasian Customs Union, Belarussian officials were nevertheless keen to learn about EU norms and practices as they look to improve and simplify their own customs procedures. In the near future, customs officials from Ukraine and Armenia are also due to benefit from AEO training thanks to the EaP-IBM Capacity Building Project. eapproject@frontex.europa.eu 3

4 December 2015 Issue no. 3 Project News DETRIMENTAL EFFECT OF CORRUP- TION THE FOCUS OF KIEV TRAINING Border-guard and customs officers from all six Eastern Partnership countries this week travelled to Kiev for an EaP-IBM Capacity Building Project anti-corruption training, during which speakers from Frontex, the World Customs Organization and the Organization for Security and Cooperation in Europe addressed the scourge of corruption, outlined its characteristics, and presented techniques used to fight the phenomenon. At the opening of the three-day training event on Tuesday, 27 October, the Head of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM), Mr Kalman Mizsei, spoke to participants about EUAM which launched operations in Ukraine at the end of 2014 and of the importance of the reform process in the country. Representatives from the Polish Border Guard Service, National Anti-Corruption Centre of Moldova and Ukrainian border and customs services also shared with participants steps those agencies have taken to address corruption. Tackling corruption is a key part of a country s reform process in general, and of the development of a modern Integrated Border Management system in particular. As Ms Sigfríður Gunnlaugsdóttir, international affairs manager at Iceland Customs and the current Chair of the WCO Integrity Sub-Committee, explained during the training: It is not that border guard or customs officers are less ethical than other people, but because of the nature of their work, which puts them into direct contact with clients and goods and money, this makes customs and border-guard work CUSTOMS HEARS NEEDS OF BUSINESS AT IPR WORKSHOP Frontex and the World Customs Organization teamed up in Chisinau from 1-3 December to deliver a customs workshop and capacity building on Intellectual Property Rights IPR to customs representatives from all six Eastern Partnership countries. The aim of the (EaP-IBM Capacity Building Project) training event was to provide information on procedural rules for customs authorities to enforce IPR, and to provide examples of best practices in terms of customs cooperation with Rights holders. Customs authorities from Eastern Partnership countries also took the opportunity to share their experiences in the field of IPR. Sixteen customs officers from EaP countries participated in the event, while the State Agency on Intellectual Property of the Republic of Moldova presented the main requirements for customs services envisaged in the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS). During the workshop, Rights holders such as Unilever, Hugo Boss, P&G, Chanel, LVMH Watches & Jewellery, and Tommy Hilfiger, showed participants the security features of their products, and how to distinguish counterfeit from original products. Customs officials also particularly vulnerable to corruption. Corruption has a detrimental effect on the security of our public institutions and on society in general. It is also very costly to society because it channels money away from legitimate bodies and government revenue. So corruption means that everybody is worse off. Ms Gunnlaugsdóttir said that capacitybuilding initiatives such as the training in Kiev were a vital part of building awareness around the fight against corruption. She also said that while political will was needed in order to tackle corruption, that on it own would not be sufficient. In order to truly change behaviour, she said, political will needed to go hand in hand with greater awareness among the general public that corruption should not be tolerated. Three areas were pinpointed transparency, the regulatory framework, and human-resource management that border and customs agencies should focus on in order to improve their anticorruption efforts. had the opportunity to take stock of cooperation taking place both among customs services of EaP countries, and among Rights holders. 4 eapproject@frontex.europa.eu

5 Project News ENGLISH LANGUAGE ONLINE TOOL PROVES A SUCCESS IN CHISINAU Staff from the Border Police of Moldova gathered in Chisinau at the end of November in order to receive training and guidance on English-language training tools for border guards at airports that have been developed by Frontex. This was the second such session organised for national trainers via the EaP-IBM Capacity BORDER OFFICIALS TRAINED ON FUNDAMENTAL RIGHTS IN MINSK Border officials from all six Eastern Partnership countries last week travelled to Minsk, Belarus, for Fundamental Rights training delivered by Frontex within the context of the Eastern Partnership Integrated Border Management (EaP- IBM) Capacity Building Project the first time Frontex has delivered Fundamental Rights training in third countries. The International Organization for Migration (IOM), an EaP-IBM project partner, also played a central role in carrying out the three-day training, which was opened by the Head of the Delegation of the European Union to Belarus, Ambassador Andrea Wiktorin. Fundamental Rights is a vital albeit horizontal aspect of border-guard work that concerns itself with fair treatment of people that cross borders, whether they are regular or irregular travellers. In principle its content is similar to international human rights, but Fundamental Rights refers to a specific piece of EU legislation the Charter of Fundamental Rights of the European Union, which is part of the EU treaties and entered into force in This training is about raising standards, raising awareness, said Petra Hacin Valic, a Slovenian police officer and one of the main trainers in Minsk last week. Fundamental rights are the basis of everything in border-guard work; it is about treating other human beings with respect. Transparency of procedures and information, humane and transparent detention and separation procedures, interviewing techniques, proper treatment of families, children and unaccompanied minors, were among the key topics addressed during the training. Experts in Fundamental Rights from both Frontex, including the project team and Building Project, the first one taking part last April in Baku, Azerbaijan. The language-training programme, developed by the Frontex Training Unit, is an online-based tool that is tailored for the needs of border guards, and includes real-life situations and video recordings, exercises and vocabulary to aid learning. In a train the trainers approach, the participants at the Chisinau event can now pass on the knowledge gained during this session and deliver training within the Moldovan Border Police themselves. In Chisinau, EaP-IBM Capacity Building trainers from Germany and Slovenia introduced participants to the methodology of the programme, instructed them how to operate and navigate the system, before working-group sessions allowed participants to delve more deeply into using the tool for themselves. Thankfully, the Moldovan participants reported that the online English-language training tools was easy to use, and looked forward to training Moldovan border guards at airports, for whom they said the tool would prove extremely beneficial. Fundamental Rights Officer, and IOM were in Minsk to share their expertise with participants all of whom were given the Fundamental Rights Manual, a set of guidelines for trainers that has been developed and published by Frontex as part of its capacity-building efforts. The EaP-IBM Capacity Building project team will conduct a second Fundamental Rights training event in eapproject@frontex.europa.eu 5

6 December 2015 Issue no. 3 FUNDAMENTAL RIGHTS WITH INMACULADA ARNAEZ Can you tell me a little bit about your own professional background? - I am a Spanish lawyer and I specialize in human rights, international law, and international relations. I ve worked on human rights issues for over 17 years, mainly in Balkan countries and also in Latin America, central Asia and the Caucasus. I previously worked with the United Nations and the Organization for Security and Cooperation in Europe, and I ve worked with Frontex in Warsaw for the past two and a half years. What is Fundamental Rights and why is it important in the world of border management? - Fundamental Rights have basically the same content as human rights, except that human rights are universal, and fundamental rights refers to a specific piece of EU legislation the Charter of Fundamental Rights of the European Union that entered into force in The Charter of Fundamental Rights includes principles and obligations that give guarantees to all persons within the territory of the EU, irrespective of their legal status. This is very important for the work of border guards because many of those rights in the Charter apply to people crossing borders, even when crossing the border irregularly. Can you give me some specific examples of these Fundamental Rights (for border guards)? - Fundamental Rights are guaranteed by law to everybody. One of the principles is that all rights are equally important. The rights are not ranked. For border guard work, another important right is that of human dignity, meaning all people crossing the border should be treated in a fair, respectful and non-discriminatory manner. The right to seek asylum is also very important for border guards, as is the right to life. The right to security and liberty, the right not to be sent to a country where life and freedoms would be endangered, and the prohibition of degrading and inhuman treatment all these are examples that are very relevant for border guards. Do all of the Member States of the European Union agree on what Fundamental Rights are, and do they apply them equally? - Yes, because the Charter of Fundamental Rights of the EU is part of European law, it is a treaty that all member states have signed, therefore they are all bound by the Charter. When there are violations of the Charter, the Court of Justice of the European Union can condemn such violations. Why should border guards care about Fundamental Rights? - Because when a border guard violates fundamental rights, it is endangering the legality of the entire state the obligation to respect fundamental rights is carried by the state. Fundamental rights also apply to border guards, to guarantee they have a safe place to work. It is about fair and basic treatment of people, so border guards should treat people crossing borders in the same manner they would expect to be treated themselves. Do criminals and other people illegally crossing borders also enjoy fundamental rights? - Yes, the principles of fundamental rights cover everybody when European law is applied. There are a small number of rights in the Charter that only apply to European nationals, however. For example, the right to vote is a right only held in one s own country. Inmaculada Arnaez What are the challenges? - Capacity and resources is a challenge, because of the number of people crossing borders, for example with the current situation in Europe. And the overall increase in movement of people around the world represents a challenge in terms of their identification and registration. Provision of protection to children crossing borders is another huge challenge, especially when they are unaccompanied. At the moment there is insufficient consideration and means to deal with the specific vulnerabilities of children on the move. When I next cross a border, what things will demonstrate to me that Fundamental Rights are in place? As a regular traveler, the process of border control, passport control, should be smooth, fair, transparent, informative and efficient; they should explain to you what the process is; information should be provided at border crossing points explaining clearly procedures, publishing the rights and obligations of travellers. In summary, there should be a balance between ensuring security when they identify you and ensuring protection and fundamental rights of people crossing borders. 6 eapproject@frontex.europa.eu

7 INTEGRATED BORDER MANAGEMENT IN THE EASTERN PARTNERSHIP REGION: THE BELARUS EXPERIENCE Capital: Minsk Population: 9,481,000 Area: 207,595 square km Borders with: Latvia, Lithuania, Poland, Russia and Ukraine The total length of the state border of Belarus is 3,617km, 1,250km of which it shares with the European Union. The country is geographically located at the crossroads of some main transit routes. The State Border Committee is a governmental body that forms part of the national security system and heads the border service system. Within its mandate the State Border Committee implements the state border policy, ensures border security, and coordinates the activities of state bodies and other organisations in this area. The agency fights illegal migration, organised crime, terrorism, smuggling, customs and other offences threatening border security. The Coast Guard ensures protection of water sections of the border that stretch for 400km along the Dnepr, Sozh, Western Dvina, Neman and Goryn rivers. There is a Border Guard Service Institute in Minsk, which is responsible for training of personnel for border service authorities of Belarus, and a Dog Training Center in Smorgon, which trains dogs to search weapons and ammunition, drugs and explosives, alongside the police. Radiation security is ensured on the border by special laboratories. The border guard service of the Republic of Belarus aims to create an effective and integrated system to counteract crossborder risks and challenges. This is a complex system of interaction between various services to ensure the most comfortable crossing of the border by regular travellers, while preventing illegal crossings and transportation of illegal goods. 21 million people and over 6.5 million vehicles cross the border through Belarusian border checkpoints every year. There are 83 checkpoints located on the state border. The current level of automation at the Belarusian border checkpoints and border control quality comply with European standards. There is a single automated border control system operating at all border crossing checkpoints that is used to check documents, read passport data and to check it against databases. Up to 34,000 persons with false, forged or illegal documents are detected annually with the help of this system. Meanwhile, border guards prevent about 2,000 cases of illegal cross-border movements of goods annually. Fifteen checkpoints will be equipped with the electronic queue booking system in the near future to ensure more comfortable crossing the border and reduction of queues. Belarus was the first CIS country to install the surveillance system Voron on its perimeter border, which works on the basis of laser and neurocomputing technology. Belarusian border guards cooperate with many international organisations such as the European Commission, the United Nations Development Programme (UNDP), the United Nations High Commissioner for Refugees, the International Organization for Migration, the International Atomic Energy Agency, and the Organization for Security and Cooperation in Europe. The most significant results of this work include the fully completed demarcation of the Belarusian-Lithuanian and Belarusian- Latvian borders, beginning of the demarcation of the border with Ukraine, creation of modern detention facilities for illegal migrants and centers for asylum seekers, and improving the effectiveness of border surveillance on the green and blue state borders. The State Customs Committee (SCC) of the Republic of Belarus has been actively implementing the two services principle at the border over the last few years, which means the transfer of vehicle inspection function as well as certain functions of sanitary, quarantine, veterinary and phytosanitary control to the customs authorities, consequently leading to a reduced number of inspection authorities at the border and to the optimization of the control procedure and the time of control. New software systems have been developed and customs personnel trained to perform these functions. Thus, starting January 1, 2014, the customs authorities at the state border crossing checkpoints have been assigned with the functions of full vehicle control as well documentary control over compliance with sanitary-quarantine requirements. Sanitary-quarantine control functions related to individuals were transferred to the border guard authorities. As a result of the implementation of the principle of two services at the border and after the vehicle control and sanitaryquarantine control functions have been transferred to the customs authorities, the overall time spent by a vehicle at a border crossing point was reduced by 15 minutes on average. The number of personnel of all the control agencies at border crossing points has been optimized, including by staff reduction. eapproject@frontex.europa.eu 7

8 December 2015 Issue no. 3 THE BIG INTERVIEW: ON ANTI- CORRUPTION, WITH MS SIGFRÍÐUR GUNNLAUGSDÓTTIR Sigfríður Gunnlaugsdóttir Can you tell me a little bit about your own professional background? - I have worked for Iceland customs as an international affairs manager since I am the current Chair of the WCO Integrity Sub-Committee, which explains my dealings with anti-corruption work. Before that I worked for ICEIDA, the Icelandic international development agency based in their Malawi office. My background is in humanities; I did a masters degree in comparative literature at the University of East Anglia in the UK and am currently working on an ML thesis at Reykjavík University focusing on trade facilitation and integrity. What is corruption and how does it manifest itself in the world of border management? - Corruption is the abuse of public power for private gain, according to most definitions. Why is it important to try to eradicate corruption? - Because corruption has a detrimental effect on development and on the security and safety of our public institutions, and on society in general. It is very costly to societies in the sense that it channels funds away from legitimate bodies and institutions and towards criminality. It is a threat to security because, in the customs sphere, you may be letting through cargo that is illegal. If taxes and fees are not adding to national revenue streams then everybody is worse off. Are customs and border-guard officers particularly vulnerable to corruption, and why? - Yes they would be, not because they are bad people or less ethical, but because of the nature of the work, which puts them into direct contact with clients and goods and money. They often have a monopoly on the relationship with the client nobody else can perform this function. In a way they are in a privileged position, in particular because so many of the goods they deal with are time-sensitive it is important for economic operators to move goods quickly. Border guards and customs officers often have to interpret varied and complex legislation, which creates opportunities for manipulation. Is corruption the fault of the individual or the system, of citizens or of the government? - I wouldn t necessarily want to speak in terms of fault. It s not an isolated problem, it is a bit of both. You could have a corrupt system but no corruption if people are behaving properly, but if you have a corrupt system or weak legislation it makes it more likely for corruption to flourish. It is something that must be handled both from a top-down and bottom-up point of view everybody has a stake and role to play in this issue. Is it more important to lead by example from the top down, or the bottom up, or does it matter? - Again, you have to have both. You must have strong political will, and to tackle it in a systemic way. It s not enough to tackle just customs, or just lower down in the customs chain, it must be tackled across the board. Capacity building is useful, but it is a never-ending battle. You must have the right frameworks, but this is pointless if nobody knows about those frameworks. So dissemination of information is vital. Capacity building and trying to influence a change of mindset is absolutely key if you want to succeed. Is it realistic to expect a world totally free from corruption? - Hopefully yes, but realistically probably not. But it depends on how you define corruption. We know the level of corruption varies from place to place. There are always things to improve, and that need to improve probably makes the world a better place because it keeps us on our toes, it keeps us alert. What are the main obstacles to tackling corruption? - Some of the main obstacles include, I think, a lack of political will, and awareness of the importance of anticorruption, because the best systems and legislation in the world don t matter unless there is an awareness among the general public. You need to reach everybody in order to roll out change properly. You need to get people on board in order to change behaviour. Political will on its own is not enough. Leading by example is also important you can t expect others to change their behaviour if you don t do so yourself. If I am dealing with either border guards or customs officers at the border, how would I recognize that there is no corruption present? - The thing about corruption is that it is hidden. But if you know what to expect, because things are transparent, codes of conduct are published, there is predictability, then that is a good indication that things are working properly. Predictability and transparency are key. PROJECT FUNDED BY THE EUROPEAN UNION 8 eapproject@frontex.europa.eu