U.S. Customs and Border Protection and the U.S. Department of Commerce recently  signed a Memorandum of Understanding to provide certain export validation information to the Mexican government for purposes of mutual border protection, export control, and the detection and deterrence of revenue fraud.

    The United States and Mexico share a common land border that sees cross-border trade worth nearly $250 billion every year. Under the U.S./Mexico Smart Border Accord signed by President Bush and Mexico President Fox in 2002, CBP and the Mexico Customs General Administration agreed to pursue measures to enhance the national security interests of each country, while not interfering with legitimate trade.

    “Revenue fraud, the security of commerce moving along our southern border with Mexico, and the security of the transportation networks between the two countries are issues of concern to both the governments of Mexico and the United States,” said U.S. Customs and Border Protection Commissioner Robert C. Bonner. “I am convinced that one of the most effective tools to prevent fraud and the movement of contraband south of the border is the mutual validation of information.”

    Federal law limits access to export information by other agencies and departments, except in specific, controlled instances or programs. U.S. Customs and Border Protection formally requested and was granted access to certain export information for the purposes outlined above.

    This information will be limited in content and scope, under strict controls, and access to the information within the respective customs authorities will be limited. No company-specific data is involved. The purpose is to investigate anomalies or discrepancies. To validate information on an indicated anomaly, no raw data will be exchanged by Mexico Customs and CBP — only an indicator that the data matched or did not match what CBP has on file. Under the MOU, CBP has authority to work in this manner with Mexico only. No other country is involved in this agreement.

Ruling praised

    Bonner recently hailed the U.S. Supreme Court ruling upholding CBP officers and agents’ authority to disassemble and thereby search a vehicle’s gas tank for terrorist weapons, drugs, and other contraband, without the need to obtain a warrant or probable cause.

    Bonner, a former federal judge, called the unanimous opinion, “a forceful and reasoned reaffirmation of U.S. Customs and Border Protection’s border search authority which is a cornerstone in our nation’s ability to prevent terrorists and terrorist weapons from entering this country.”

    The case involved the inspection of a station wagon driven by Manuel Flores-Montano at the Otay Mesa port of entry near San Diego, Calif. A Customs inspector, utilizing his border search authority, searched the vehicle’s gas tank by disassembling it, and found 37 kilograms of marijuana. Flores-Montano was indicted on drug trafficking charges.

    A federal judge ruled and was upheld by the U.S. Court of Appeals for the Ninth Circuit in San Francisco that the seized marijuana could not be used as evidence in the case, and that the search of the gas tank violated the Fourth Amendment.

    The U.S. Supreme Court reversed the Ninth Circuit’s ruling. Chief Justice Rehnquist, in is opinion stated that “the government’s interest in preventing the unwanted entry of person’s and effects is at its zenith at the international border,” an opinion strongly seconded by Bonner.

    “Now, more than ever before in our history, the need to secure our borders is basic to the safety of the United States. Terrorist weapons and terrorists have to come here to harm us, and Customs and Border Protection has the mission to stop them. “The Supreme Court’s strong opinion reaffirms the broad legal authority we need to accomplish our mission,” Commissioner Bonner stated.

Hi tech inspections

    Bonner recently unveiled new highly sophisticated radiation portal monitors to better prevent terrorists or others from attempting to smuggle radiological materials used in nuclear and radiological dispersal devices (e.g., dirty bombs) through U.S. seaports. CBP is rapidly deploying these devices to all major U.S. seaports.

    In addition to the radiation portals, other sophisticated equipment is used by CBP in its layered enforcement strategy. This technology includes large-scale non-intrusive inspection (NII) technology, x-ray type machines that can scan an entire sea container within 2 to 3 minutes, personal radiation detection devices and radiation isotope identifiers that can pinpoint the source and nature of radiation. These radiation detection devices are important in detecting and identifying radioactive materials moving through a port of entry.

    “The best way to prevent a terrorist attack is by preventing terrorists or terrorist weapons from entering our country in the first instance. The recent terrorist attacks in Madrid drive home the increased need to secure our borders against terrorist penetration. The new highly sophisticated radiation detection devices U.S. Customs and Border Protection is deploying in our seaports are a major step in ensuring that our border and our country are more secure,” said Bonner.

    The radiation portals being deployed at the seaports enhance CBP’s already formidable radiation detection capabilities. Shortly after becoming Commissioner of the U.S. Customs Service, Commissioner Bonner required the use of Personal Radiation Detection devices (PRDs) to be worn by all Customs inspectors with frontline responsibility. On March 1, 2003, upon the creation of U.S. Customs and Border Protection, merging together all legacy Customs, Immigration and Agriculture inspectors, Bonner directed that all CBP inspectors with frontline responsibility be equipped with PRDs. Additionally since 9/11, CBP has more than doubled the number of PRDs in its arsenal; it now has more than 9,400.