Roles and Responsibilities of CBP and the USCG in Port Security

 

Roles and Responsibilities of CBP and the USCG in Port Security

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Roles and Responsibilities of CBP and the USCG in Port Security

Introduction

Primarily, port security revolves around taking defense measures, enforcing laws and treaties and counterterrorist activities within the maritime domain. It also includes protecting seaports and inspecting cargo going through ports. Globally, the International Maritime Organization is responsible for governing port security regulations. Additionally, a number of United States rules are concerning facts in global port security programs such as the Container Security Initiative[1]. In the United States, the Customs and Border Protection (CBP) and the US Coast Guard (USCG) are charged jointly with the responsibility of undertaking port security. Both are subsections of the Homeland Security department. Dealing with port security is a responsibility that requires undertaking intricate measures and applying decisive strategies

Risk Overview

The container shipping industry has vulnerabilities matching equally to terrorist attacks. The United States maritime consists over 350 river and seaports that include more than 3,500 passenger and cargo terminus. The US and international economies rely on commercial shipping due its high reliance and effectiveness in transporting goods. In particular, the United States handles approximately 20 percent of maritime world trade. The amount of trade going through the US and the rest of world creates possible targets for terrorism and other threats to security. With the high volume of maritime traffic, there is major concern for passenger and cargo hijackings and pirate attacks[2]. Additionally, there is need for accountability for the millions of containers shipped worldwide. Attacks on the maritime system such as ports can have devastating effects on the global trade and economy.

Cargo containers represent a major cause for concern in terms of vulnerability and security. The US deals with massive inventory of containers and this presents USCG and CBP with difficult tasks in securing, tracking and inspecting. A major obstacle in this exercise revolves around cost: the cost of carrying out container inspections and the cost of delays from these inspections. A large container ship is capable of ferrying more than 3000 containers. Such a large shipment makes it impossible to carry out thorough inspections without disrupting shipment[3]. An excess of six million containers enter the United States in a year. Only two percent of these containers undergo inspection.

Terrorists can and may take advantage of the deficiencies in the shipping industry. Potential threats include transportation of terrorist and smuggling of dangerous weapons. Studies established that detonating a nuclear bomb at a major seaport would kill about five hundred thousand to one million people. The container shipping industry is a major attraction outlet for terrorist attacks. Common knowledge holds that security measures for most ports do not have major effect on the movement of goods. As such, this allows the exploitation of the system for terrorism[4]. Container shipment is a combination many parties: the exporter, importer, forwarder, freight, broker, inspectors, dockworkers, and truckers among others. Whenever a container is handled by any of these parties, potential vulnerability of integrity and security comes into play.

The impact of such attacks on the US and global economy would be devastating. An example of such impact is the labor-management conflict that closed down ports along the United States west coast. The closure of these ports cost the US economy an estimated one billion dollars daily for the first week. It rose exponentially after this period. Many global manufacturing companies apply just-in-time model for distribution to allow low carrying costs and savings. The shipping industry is subject to this model since its reliability and speed allow precise shipment of new inventory. Even though this method is cost effective, it has compromised security options because shipment is under a tight schedule and cannot afford delays from inspections[5].

USCG and CBP Security Involvement

Even though there are many agencies sponsored by the government to participate in port security, state and local governments are mostly responsible for providing that security. Under a protective principle in the US constitution, all states are granted jurisdiction for prescribing and enforcing laws against acts that compromise state interests. Such interests include national security. In addition to law enforcement, some ports are allowed to enact their own police forces. The U.S. Customs and Border Protection and the Coast Guard are federal agencies involved in port security. Primarily, the Coast Guard plays the role of evaluating, inspecting, and boarding, commercial ships once they enter US territory[6]. This serves to help counter terrorist threats and protect US ships.

Customs and Border Protection (CBP)

Primarily, the CBP is responsible for guarding approximately 8000 miles of US land board shared with Mexico and Canada. It also plays the role of safeguarding 2,000 miles of coast waters surrounding the coast of Southern California and the Florida Peninsula. The agency together with the US Coast Guard safeguards about 90,000 miles of maritime border. CBP agents, Air and Marine agents and other officers secure this vast terrain using a vast array of technology. The CBP officers protect US ports at official points while patrol agents thwart illegal entry between ports of entry[7]. The CBP Air and Marine office commands the largest global law enforcement air force. It patrols US seas and land borders to prevent drug smugglers and terrorists from accessing the nation.

Every year, an excess of 11 million containers arrive at the US seaports. 11 million more containers arrive by truck and 3 million by rail. CBP is responsible for investigating the contents of these containers and ensuring the proper collection of all revenues. Fostering safe and legitimate safe travel is another key goal of CBP. Engaging in this responsibility encourages passenger security through the effective assessment of risks. SENTRI and NEXUS US are programs trusted to accelerate CBPs goals[8].

In terms of effective targeting, CBP assesses all passengers and cargo entering the US for terrorist risks. The agency is able to identify risks using the Passenger Information System technology to prevent US access to people who pose threats.  Additionally, CBP applies advance information and the 2002 Trade Act to achieve the same objective on containers. These initiatives are enhanced by synthesizing information to establish tactical targeting. By using risk management techniques, the agency is able to identify suspicious containers and individuals prior to their arrival. The Automated Commercial Technology has allowed effective management of risk. Modernization of CBP enhances border while optimizing legitimate trade. CBP also inspects food shipments to prevent agro and bio terrorism. The US Food and Drug administration work hand in hand with the CBP to achieve this objective[9]. Through the 2002 Bioterrorism Act, the FDA and CBP are able to counter bio-terrorist threats on the US food.

CBP is also responsible for initiating new programs that help in countering terrorist efforts by establishing the Container Security Initiative (CSI), and the custom trade partnership against terrorism. The CSI is made up of four sub divisions: applying automated information and intelligence to target and identify containers that seem risky and use adequate technology to pre-screen these containers. Under CSI, Customs and Border Protection is able to improve security of cargo shipments. Consequently, this agency receives benefits from the federal government.

USA through the CBP collaborates with other countries to mitigate insecurities in the ports. This was made possible in 2002 by the Container Security Initiative. This initiative is a strategy designed to protect and secure the US against terrorism emanating from the maritime supply chain. CBP stations work with officers from 60 foreign seaports to identify and inspect shipments before they reach the United States. More than 70 percent of maritime cargo destined for the US goes through a CSI (counter security initiative) port where it goes through screening[10].

CBP engages Mexico and Canada in joint initiatives. These include the 30-Point Plan and Smart Border Declaration with Canada and the Boarder Accord with Mexico. SENTRI allowed low risk travelers from Mexico to undergo screening in a prompt manner. Similarly, Nexus allows CBP to identify and screen low risk travelers from Canada. Moreover, CBP has employed the Free and Secure Trade program along both borders. This program utilizes pre-arrival shipment data and transponder technology to screen trucks as they enter the border, expedite trade and better secure the US borders[11].

In May 2009, CBP launched an arrangement with the Dutch government known as FLUX. This arrangement allows US citizens with Global Entry to apply for Privium. Reciprocally, Dutch citizens with Privium may apply for Global Entry. Additonally, an agreement with Canada permits CBP to screen and inspect rail shipments destined for the US. CBP also has connections in Mexico and Canada that coordinate border security issues. CBP patrol agents, Canadian Mounted Police and the FDA have joined forces to form 15 integrated border enforcement teams. These teams work to thwart smuggling between the United States and Canada. The teams concentrate on criminal dealings such as drug smuggling, human trafficking, and contraband.

Process the massive amount of shipment entering the United States every year has led CBP to seek help from the private sector as well. The Trade Partnership against Terrorism is an initiative managed jointly by a government business initiative. It is designed to strengthen border security and the overall supply chain while facilitating compliant trade. Currently, more than 9,500 companies are working with CBP. Additionally, CBP is responsible for managing the Trade Data Initiative. The program plays the role of obtaining information on US bound goods earliest possible when they are in the supply chain.

Such information raises CBPs chances of identifying suspicious containers and undertakes necessary inspections. Because of the high magnitude of CBPs responsibility, it is essential to deploy advancement detection technology. Deploying inspection technology increases the effectiveness of screening and inspection practices. CBP does not depend on any single inspection or technology process. Rather, agents and officers employ numerous technologies in vast combinations to increase the likelihood of detecting nuclear or terrorist weapons. CBP also plays the role of searching outbound and inbound shipments. Targeting strategy is the exercise applied in this area. CBP collaborates with the State Department to establish regulations[12]. CBP also works with the Department of Defense to improve procedures of shipment in the US ports.

The U.S. Coast Guard USCG

            USCG has played a continuous part in every chief US conflict since 1790 to current day, including providing troops on D-Day, in World War II, extensive patrols, and bombarding shores during the Vietnam War. Maritime operations, transportation security, coastal security, and law enforcement detachments are some of the major roles USCG plays. In October 2007 for example, the USCG joined the US Marine Corps and Navy to adopt a maritime strategy termed the Cooperative Strategy that raised concern for preventing war[13]. This strategy tabled a course for the US armed forces to work collectively and prevent regional crises, both man made and natural. Section 2 of Title 14 USC gives the Coast Guard authority to enforce federal law. Such authority enforces power to all warrant officers and Coast Guard officers. Unlike other branches of the US armed forces that are prevented from acting in a capacity of enforcing law, the Coast Guard is exempt from this restriction[14].

The USCG runs the National Response center (NRC). The NRC is a sole governmental contact point for reporting oil, chemical, radiological, biological pollution into the US territory and environment. The USCG through the NRC maintains agreements with several federal entities to make decisions regarding incidents. The NRC also takes suspicious activity or terrorist reports and maritime security violation reports.

Search and Rescue (SAR) is among the major roles of the US Coast Guard. The National Search and Rescue Initiative mandate the USCG with the responsibility for SAR operations in the US and international territorial waters. SAR within the US is the responsibility of the US Air Force. Inshore rescue operations are normally conducted using 25-foot, 26-foot, and 40-foot boats. Helicopters are also used in both inshore and high seas. Search and rescue operations on large scale are less frequent. Nevertheless, they normally involve many vessels and aircraft covering a large area. For example, Rescue swimmers and helicopters participated in a 36-hour exercise to rescue 6 crew members from the Bow Mariner tanker than exploded and sank in Chincoteague Virginia.

Coast Guard personnel are also responsible for inspecting commercial vessels, responding to pollution, investigating marine casualties, and licensing merchant mariners[15]. Coast Guard officials also develop recommendations for transiting hazardous cargo by ship. This agency is also responsible for inspecting commercial boats ferrying passengers for hire. Vessels ferrying more than seven passengers is required to present a certificate of inspection; this implies that the vessel is free from narcotics, has adequate fire fighting and life saving equipment, and its machinery is in good condition. The initiatives mentioned above are methods of ensuring that the US maritime is safe. The USCG is also responsible for upholding recreational boating safety. Through the US Coast Guard Auxiliary, safety checks are carried out on recreational boaters across the country[16]. Qualified inspectors look for proper registration, loaded fire extinguishers, and devices to relay distress calls.

USCG also coordinates maritime security missions. Soon after the 9/11 attacks in 2001, the USCG established restrictions on traffic in the nation’s territorial waters. Vessels weighing more than 300 tons are required to file notice ninety-six hours prior to arriving in American waters. Vessels with liquefied natural gas are not allowed to access American waters without escort and are forbidden to anchor near major cities. The USCG patrols key harbors and waterfronts to capture foreign merchant vessels. The Coast Guard beefed up its patrols in waters near Washington and New York. Maritime security patrols are high in particular events such as national political conventions, the Super Bowl, and Independence Day celebrations. Coast Guard helicopters enforce flight restriction zones temporarily[17].

In particular, the 9/11 attacks required the US government to undertake new initiatives in maritime security efforts. The Coast Guard is in the beginning stages of implementing an approach designed to improve quality of shipping and information relay to enhance proper evaluation of threats. This provides more time for efficient recognition of vessels. It also allows proper flow of legal shipping vessels. In conjunction with the Navy, the Coast Guard plays the role of developing awareness on maritime weaknesses[18]. This is facilitated by information gathered by intelligent government agencies.

Primarily, the USCG is responsible for providing security to 360 US ports and 90,000 statute miles of waterways. The Coast Guard commander (Port Captain) is accorded legal power over shipping in US waters. The port captain can declare security crackdowns on inland waters where commercial vessels are supposed to report their movement to a Coast Guard Station. In 2006, the United States launched the Shiprider program, wherein twelve Mounties from Windsor and sixteen Coast Guard Officers from Michigan ride in their counterpart’s vessels[19]. The intention is to facilitate seamless enforcement of law.

Moreover, the USCG is an outstanding agency in maritime drug interdiction. It shares this responsibility with the CBP. The USCG coordinates its sea activities with the Royal Netherlands Navy, Royal Navy, and US Navy. Coast Guard missions in particular were responsible for seizing about 52 percent of cocaine seized in 2002. For example, USCGC Hamilton that operated north of the Galapagos seized 6,000 pounds of cocaine from a vessel attempting to smuggle it into the US[20]. The Hamilton released a helicopter that shot at the vessel’s engine and disabled it.

In case of warfare, the US president can order the Coast Guard to act under operational orders of the Navy Department. In other situations, Coast Guard security units are often required to go overseas to guard ports and other assets. Additionally, the USCG works hand-in-hand with the US Naval Coastal Warfare to oversee defense measures in inshore areas and foreign littoral combat[21]. In 2002, USCG provided several 34-meter patrol boats deployed in the Persian Gulf to undertake Maritime interception operations to support Iraqi freedom[22]. In addition to the patrol boats, USCG also provided a supporting unit in the war against terror.

Conclusion

The wake of the 9/11 attacks in 2001 led the Congress to decide that enhancing security in the nation’s boarders was a vital component of countering future terrorist attacks. Prior to 9/11, boarder security was the responsibility of many diverse federal departments such as the Justice, Transportation, Treasury, and Agriculture departments. Congress hence saw it fit to relieve these departments off boarder responsibility and hand it to Customs and Border Protection (CBP) and United States Coast Guard (USCG)[23]. Ultimately, these two agencies have managed to establish necessary security in US boarder regions. As discussed, they each adhere to their respective roles and responsibilities and to a certain extent share their obligations.

 

Bibliography

David, Jack. United States Coast Guard. Minneapolis, MN: Bellwether Media, 2008.

Green, Michael. The United States Coast Guard. Mankato, Minn: Capstone Books, 2010.

Jones, Vivian Catherine, and Marc R. Rosenblum. U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security. 2013.

Larson, Eric V., and John E. Peters. Preparing the U.S. Army for Homeland Security Concepts, Issues, and Options. Santa Monica, CA: Rand, 2011.

Maxwell, Bruce. Homeland Security: A Documentary History. Washington, D.C.: CQ Press, 2012.

Payan, Tony. The Three U.S.-Mexico Border Wars: Drugs, Immigration, and Homeland Security. Westport, Conn: Praeger Security International, 2006.

Stana, Richard M. U.S. Customs and Border Protection’s Border Security Fencing, Infrastructure and Technology. [Washington, D.C.]: U.S. Govt. Accountability Office, 2010.

Stefoff, Rebecca. The United States Coast Guard. New York, N.Y.: Chelsea House Publishers, 2009.

United States. United States Coast Guard. [Washington, D.C.?]: U.S. G.P.O., Supt. of Docs, 2008.

[1] Jack, David. United States Coast Guard. (Minneapolis, MN: Bellwether Media, 2008), 13.

[2] Jack, David. United States Coast Guard. (Minneapolis, MN: Bellwether Media, 2008), 27

[3] Michael, Green. The United States Coast Guard. (Mankato, Minn: Capstone Books, 2010), 42.

[4] Richard M, Stana. U.S. Customs and Border Protection’s Border Security Fencing, Infrastructure and Technology. (Washington, D.C.: U.S. Govt. Accountability Office, 2010), 48.

 

[5] Richard M, Stana. U.S. Customs and Border Protection’s Border Security Fencing, Infrastructure and Technology. (Washington, D.C.: U.S. Govt. Accountability Office, 2010), 48.

[6] Rebecca, Stefoff. The United States Coast Guard. (New York, N.Y.: Chelsea House Publishers, 2009), 14.

[7] Eric V. Larson, and John E. Peters. Preparing the U.S. Army for Homeland Security Concepts, Issues, and Options. (Santa Monica, CA: Rand, 2011), 52

[8] Eric V. Larson, and John E. Peters. Preparing the U.S. Army for Homeland Security Concepts, Issues, and Options. (Santa Monica, CA: Rand, 2011), 64

 

[9] Bruce, Maxwell. Homeland Security: A Documentary History. (Washington, D.C.: CQ Press, 2012), 62.

[10] Vivian Catherine, Jones, and Marc R. Rosenblum. U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security. (Santa Monica, CA: Ryth, 2013) 79

[11] Bruce, Maxwell. Homeland Security: A Documentary History. (Washington, D.C.: CQ Press, 2012), 62.

 

[12] Tony, Payan. The Three U.S.-Mexico Border Wars: Drugs, Immigration, and Homeland Security. (Westport, Conn: Praeger Security International, 2006), 94.

[13] Rebecca, Stefoff. The United States Coast Guard. (New York, N.Y.: Chelsea House Publishers, 2009), 106.

[14] Michael, Green. The United States Coast Guard. (Mankato, Minn: Capstone Books, 2010), 73.

[15] Jack, David. United States Coast Guard. (Minneapolis, MN: Bellwether Media, 2008), 58

 

[16] Eric V. Larson, and John E. Peters. Preparing the U.S. Army for Homeland Security Concepts, Issues, and Options. (Santa Monica, CA: Rand, 2011), 88

[17] Tony, Payan. The Three U.S.-Mexico Border Wars: Drugs, Immigration, and Homeland Security. (Westport, Conn: Praeger Security International, 2006), 98

[18] Vivian Catherine, Jones, and Marc R. Rosenblum. U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security. (Santa Monica, CA: Ryth, 2013), 132

[19] United States. United States Coast Guard. ([Washington, D.C.?]: U.S. G.P.O., Supt. of Docs, 2008), 102

[20] Bruce, Maxwell. Homeland Security: A Documentary History. (Washington, D.C.: CQ Press, 2012), 85.

 

[21] Jack, David. United States Coast Guard. (Minneapolis, MN: Bellwether Media, 2008), 61

[22] Rebecca, Stefoff. The United States Coast Guard. (New York, N.Y.: Chelsea House Publishers, 2009), 132

[23] Vivian Catherine, Jones, and Marc R. Rosenblum. U.S. Customs and Border Protection: Trade Facilitation, Enforcement, and Security. (Santa Monica, CA: Ryth, 2013), 7

 

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