Role of customs in development of inter-agency relationship
Wednesday, 5 December 2007
Rashid ul Ahsan Chowdhury
IN the current security-focused national environment, it is high time for Bangladesh Customs to rethink the balance between its traditional role of revenue collection and national security enforcement. It is because, as experts in customs matters, the customs administration is ideally placed to advise the government about the consequences of new international policies and trends in border security management. This is particularly so, as many of the new initiatives especially designed to promote trade security and facilitation have been developed within a customs-only body, namely the World Customs Organization. Therefore, Bangladesh Customs is in a position where it can demonstrate to the government the usefulness of these measures in achieving outcomes relating not only to security and trade facilitation, but also to the collection of revenues and border security enforcement generally. However, so far the customs administration has found it difficult to persuade the government and other national agencies to recognise the importance of customs' role in security and facilitation of external trade.
Although the government may not attach significant importance to Customs on the security aspects of border management and trade facilitation, it is very important for the customs administration to build and maintain relationship with other government agencies on these aspects at both the policy and operational levels. While the relationship with other national agencies at operational level has been somewhat effective, the customs administration has so far failed to create impact at the policy level. The Customs administration has to realise that in order to be informed and influential in the government, strong policy engagement is vital. In addition, the development of strong relationships between the customs administration and other government agencies is also the key to achieving overall government objectives. This is particularly true because the government is now seeking to increase administrative efficiencies and end bureaucratic rivalries.
For both customs and the government, there are many benefits from close cooperation. This cooperation is required to be developed with those agencies dealing in foreign affairs, foreign trade and trade negotiations, finance, health, fisheries, police, armed forces and quarantine. As chalked out by the World Customs Organization, these benefits at policy level may incorporate:
1. A whole-of-government approach to achieving outcomes including effective use of limited resources and the development of complementary policies and procedures. This will represent a fundamental shift in the way the government will operate. In such context, each agency will contribute to the entirety of government outcomes rather than individual agency targets;
2. A greater awareness amongst participants of agency roles and capabilities with a greater appreciation of what each department can bring to a whole-of-government response;
3. The development of departmental policies and procedures in consultation with all relevant government agencies to ensure that departmental expertise is utilised and the resulting policies and procedures are workable/enforceable across all government departments; and
4. A better ability to deal with new and emerging threats such as national security, cyber crime, drug smuggling, cross-border organised crime, illegal immigration etc. that does not fit clearly into the traditional model of the jurisdiction of any single agency.
At an operational level, greater cooperation can include increased sharing of information and intelligence, better co-ordination of operational activity and improved opportunities to joint activity. This will ensure a wider range of investigative and operational options to each involved agency. It will also improve the understanding of respective roles, powers and capabilities of the different agencies involved within the government.
There will surely be many benefits from wider cooperation between government agencies. There will be better and more cost-effective administration of trade and travel, improved interface with officialdom for members of the public and the business community, and simplified and more transparent process and procedures. Other spin-offs will be greater access to information and intelligence between agencies and access to pooled resources, technology, and training. In addition, there will be an increasing number of joint investigations and coordinated operational activity. Benefits will also occur as the agencies will spend less time "in-fighting" with other agencies. Effective cross-agency cooperation will contribute to an improved reputation with government, the business community and greater public confidence in both the customs and the government.
When relationship with other agencies will develop, customs' expertise in the border management spectrum will assume importance and accordingly the customs service will provide input to broader policy issues. Other agencies will actively seek input and advice on policy development, trade negotiations and technical barriers to trade and legislative changes that may affect the management of the borders. Through a clear policy focus and strong operational capability, the customs administration will be in a good position to respond rapidly to the changed security conscious environment. It will have the opportunity to demonstrate customs' role in the new security setting and the benefits of strengthened customs processes in relation to external trade and in protecting the key trade relationships. Customs will also be able to demonstrate how its role will fit within the wider government programme for security, and in particular its positive relationships with other agencies in the field. For example, installation of non-intrusive screening machines at the border points, as a part of trade security programme, will be an evidence of support for the customs' role within the security framework policy of the government.
The development of relationships with other government agencies should, however, be an ongoing process and should be facilitated through a variety of means. The first could be legislative relationship. The Customs should manage many of the border policies and legislations that involves risk management and administered by other government departments and agencies. Examples of these will include legislations on import restrictions, consumer protection, narcotics interdiction and immigration, which accord certain border enforcement powers to customs, too. To complement these legislative relationships, Customs has to develop working relationships with other agencies involved. Through these relationships, Customs will be able to work closely with other agencies to ensure the successful implementation of policies at the borders and to resolve any issue quickly. The working relationship will also allow Customs to utilise the expertise and resources of the relevant agencies in implementing their legislations effectively.
The second could be signing of Memoranda of Understanding. To formalise some working relationships, the Customs can sign Memoranda of Understanding (MOU) with a number of agencies whose work nature is relevant to Customs. These departments could be Export Promotion Bureau, Immigration & Passport, Agriculture, Fisheries, Energy, Narcotics, Commerce, Police and the BDR. Signing of MOUs will be useful in outlining areas of responsibility, providing a mechanism for dealing with issues of information exchange and in addressing any disagreement that may arise. Cooperation may occur on a number of levels, from joint operation to consultation on policy and legislative issues.
The third could be participation in Inter-Agency Groups. Participation in inter-agency groups and forums could be useful in developing relationships and mutual understanding. These inter-agency groups will include those which will be established on ad-hoc basis to examine particular issues, and also standing inter-agency committees and permanent inter-agency groups. The first two committees will have the authority to make policy and policy implementation decisions on those issues which cross agency jurisdiction. The third group will offer Customs with opportunities to influence the policy process; make Customs concerns heard; and also allow an opening to provide technical input and maintain and enhance networking relationships.
In order to achieve its goals, the Customs administration should also seek to develop relationships with the top level of other government agencies. The use of high-level inter-agency groups will encourage the top management to take a collegiate approach to achieving outcomes, and will provide a secondary benefit of discouraging non-productive competition between government agencies. These types of forums and relationships will provide an opportunity for agencies to discuss and address issues at a strategic level. For example, through inter-agency cooperation, an "External Relations and Defense Network" can be convened to provide framework to improve cooperation and collaboration across government departments dealing with issues that have an external focus. The network and its sub-groups can meet regularly to advance coordination on specific crosscutting issues, such as bilateral or regional relationships. Another example could be setting up of permanent inter-agency groups at an operational level such as on drug intelligence, illegal trafficking in human beings, wildlife protection and border enforcement. These should be jointly staffed by interested agencies and responsible for coordination of joint responses in intelligence gathering and enforcing existing rules and regulations.
There will of course be many challenges to enhanced cooperation. These challenges will include the need to overcome traditional bureaucratic rivalries, a requirement to find out appropriate legislative framework and to clearly assess possible costs and resource involvement together with the need to ensure that information exchange is not hampered by legislation. It will also be necessary to ensure that there is willingness on the behalf of operational staff and policy makers to try and better understand the position and roles of other agencies. It is important to be involved in strategic development as well as to have the capability to meet increased operational expectations.
However, in developing and maintaining inter-agency co-operation some ground rules are required to be adhered to. The first rule is Tolerance. It must be acknowledged that agencies, despite their similarities, will be different and will have different approaches when faced with the same set of circumstances. These differences should be tolerated. These differences actually will not be impediments to progress, but rather will be important learning tools, enabling issues to be dealt with from a different perspective. The second rule is Respect. Each agency has a different role to play and each is equally important no matter whether it has more or less staff. If agencies are disrespectful of smaller or less important agencies, they will not reap the benefits of a cooperative approach.
The third ground rule is Understanding. Initially relationships may require some considerable adjustment. When forming the relationships, agencies must realise that there may be problems at first, but they should also be aware that these problems will fade as time passes. The fourth rule is Support. Any relationship or cooperative arrangement requires constant attention. Relationships, while sanctioned by agreements, are only strengthened by personal commitment of all those involved. It is important to remember that the good efforts of the many can be undone by the thoughtless efforts of the few. The fifth rule is Time. Developing relationships and ensuring cooperation would be a long and ongoing process. These must be developed over the long term and immediate results should not be expected. The essential element of all these ground rules is the development of "Trust" between the parties.
Finally, it has to be understood by the customs administration that cross-government relationships may be important for all agencies, but they are especially crucial for the Customs to help manage and secure emerging patterns of trade in goods and passenger movements. Such relationships need to be at both policy level and the operational level. Making a real contribution to policy to achieve wider government outcomes has now become very much necessary and is as important as effective and efficient operational performance. Therefore, the Customs administration of Bangladesh should give highest priority to relationship building with other agencies in order to ensure a positive role in trade facilitation and national security enforcement.
The writer is Advisor to the Tax Ombudsman, Office of the Tax Ombudsman
IN the current security-focused national environment, it is high time for Bangladesh Customs to rethink the balance between its traditional role of revenue collection and national security enforcement. It is because, as experts in customs matters, the customs administration is ideally placed to advise the government about the consequences of new international policies and trends in border security management. This is particularly so, as many of the new initiatives especially designed to promote trade security and facilitation have been developed within a customs-only body, namely the World Customs Organization. Therefore, Bangladesh Customs is in a position where it can demonstrate to the government the usefulness of these measures in achieving outcomes relating not only to security and trade facilitation, but also to the collection of revenues and border security enforcement generally. However, so far the customs administration has found it difficult to persuade the government and other national agencies to recognise the importance of customs' role in security and facilitation of external trade.
Although the government may not attach significant importance to Customs on the security aspects of border management and trade facilitation, it is very important for the customs administration to build and maintain relationship with other government agencies on these aspects at both the policy and operational levels. While the relationship with other national agencies at operational level has been somewhat effective, the customs administration has so far failed to create impact at the policy level. The Customs administration has to realise that in order to be informed and influential in the government, strong policy engagement is vital. In addition, the development of strong relationships between the customs administration and other government agencies is also the key to achieving overall government objectives. This is particularly true because the government is now seeking to increase administrative efficiencies and end bureaucratic rivalries.
For both customs and the government, there are many benefits from close cooperation. This cooperation is required to be developed with those agencies dealing in foreign affairs, foreign trade and trade negotiations, finance, health, fisheries, police, armed forces and quarantine. As chalked out by the World Customs Organization, these benefits at policy level may incorporate:
1. A whole-of-government approach to achieving outcomes including effective use of limited resources and the development of complementary policies and procedures. This will represent a fundamental shift in the way the government will operate. In such context, each agency will contribute to the entirety of government outcomes rather than individual agency targets;
2. A greater awareness amongst participants of agency roles and capabilities with a greater appreciation of what each department can bring to a whole-of-government response;
3. The development of departmental policies and procedures in consultation with all relevant government agencies to ensure that departmental expertise is utilised and the resulting policies and procedures are workable/enforceable across all government departments; and
4. A better ability to deal with new and emerging threats such as national security, cyber crime, drug smuggling, cross-border organised crime, illegal immigration etc. that does not fit clearly into the traditional model of the jurisdiction of any single agency.
At an operational level, greater cooperation can include increased sharing of information and intelligence, better co-ordination of operational activity and improved opportunities to joint activity. This will ensure a wider range of investigative and operational options to each involved agency. It will also improve the understanding of respective roles, powers and capabilities of the different agencies involved within the government.
There will surely be many benefits from wider cooperation between government agencies. There will be better and more cost-effective administration of trade and travel, improved interface with officialdom for members of the public and the business community, and simplified and more transparent process and procedures. Other spin-offs will be greater access to information and intelligence between agencies and access to pooled resources, technology, and training. In addition, there will be an increasing number of joint investigations and coordinated operational activity. Benefits will also occur as the agencies will spend less time "in-fighting" with other agencies. Effective cross-agency cooperation will contribute to an improved reputation with government, the business community and greater public confidence in both the customs and the government.
When relationship with other agencies will develop, customs' expertise in the border management spectrum will assume importance and accordingly the customs service will provide input to broader policy issues. Other agencies will actively seek input and advice on policy development, trade negotiations and technical barriers to trade and legislative changes that may affect the management of the borders. Through a clear policy focus and strong operational capability, the customs administration will be in a good position to respond rapidly to the changed security conscious environment. It will have the opportunity to demonstrate customs' role in the new security setting and the benefits of strengthened customs processes in relation to external trade and in protecting the key trade relationships. Customs will also be able to demonstrate how its role will fit within the wider government programme for security, and in particular its positive relationships with other agencies in the field. For example, installation of non-intrusive screening machines at the border points, as a part of trade security programme, will be an evidence of support for the customs' role within the security framework policy of the government.
The development of relationships with other government agencies should, however, be an ongoing process and should be facilitated through a variety of means. The first could be legislative relationship. The Customs should manage many of the border policies and legislations that involves risk management and administered by other government departments and agencies. Examples of these will include legislations on import restrictions, consumer protection, narcotics interdiction and immigration, which accord certain border enforcement powers to customs, too. To complement these legislative relationships, Customs has to develop working relationships with other agencies involved. Through these relationships, Customs will be able to work closely with other agencies to ensure the successful implementation of policies at the borders and to resolve any issue quickly. The working relationship will also allow Customs to utilise the expertise and resources of the relevant agencies in implementing their legislations effectively.
The second could be signing of Memoranda of Understanding. To formalise some working relationships, the Customs can sign Memoranda of Understanding (MOU) with a number of agencies whose work nature is relevant to Customs. These departments could be Export Promotion Bureau, Immigration & Passport, Agriculture, Fisheries, Energy, Narcotics, Commerce, Police and the BDR. Signing of MOUs will be useful in outlining areas of responsibility, providing a mechanism for dealing with issues of information exchange and in addressing any disagreement that may arise. Cooperation may occur on a number of levels, from joint operation to consultation on policy and legislative issues.
The third could be participation in Inter-Agency Groups. Participation in inter-agency groups and forums could be useful in developing relationships and mutual understanding. These inter-agency groups will include those which will be established on ad-hoc basis to examine particular issues, and also standing inter-agency committees and permanent inter-agency groups. The first two committees will have the authority to make policy and policy implementation decisions on those issues which cross agency jurisdiction. The third group will offer Customs with opportunities to influence the policy process; make Customs concerns heard; and also allow an opening to provide technical input and maintain and enhance networking relationships.
In order to achieve its goals, the Customs administration should also seek to develop relationships with the top level of other government agencies. The use of high-level inter-agency groups will encourage the top management to take a collegiate approach to achieving outcomes, and will provide a secondary benefit of discouraging non-productive competition between government agencies. These types of forums and relationships will provide an opportunity for agencies to discuss and address issues at a strategic level. For example, through inter-agency cooperation, an "External Relations and Defense Network" can be convened to provide framework to improve cooperation and collaboration across government departments dealing with issues that have an external focus. The network and its sub-groups can meet regularly to advance coordination on specific crosscutting issues, such as bilateral or regional relationships. Another example could be setting up of permanent inter-agency groups at an operational level such as on drug intelligence, illegal trafficking in human beings, wildlife protection and border enforcement. These should be jointly staffed by interested agencies and responsible for coordination of joint responses in intelligence gathering and enforcing existing rules and regulations.
There will of course be many challenges to enhanced cooperation. These challenges will include the need to overcome traditional bureaucratic rivalries, a requirement to find out appropriate legislative framework and to clearly assess possible costs and resource involvement together with the need to ensure that information exchange is not hampered by legislation. It will also be necessary to ensure that there is willingness on the behalf of operational staff and policy makers to try and better understand the position and roles of other agencies. It is important to be involved in strategic development as well as to have the capability to meet increased operational expectations.
However, in developing and maintaining inter-agency co-operation some ground rules are required to be adhered to. The first rule is Tolerance. It must be acknowledged that agencies, despite their similarities, will be different and will have different approaches when faced with the same set of circumstances. These differences should be tolerated. These differences actually will not be impediments to progress, but rather will be important learning tools, enabling issues to be dealt with from a different perspective. The second rule is Respect. Each agency has a different role to play and each is equally important no matter whether it has more or less staff. If agencies are disrespectful of smaller or less important agencies, they will not reap the benefits of a cooperative approach.
The third ground rule is Understanding. Initially relationships may require some considerable adjustment. When forming the relationships, agencies must realise that there may be problems at first, but they should also be aware that these problems will fade as time passes. The fourth rule is Support. Any relationship or cooperative arrangement requires constant attention. Relationships, while sanctioned by agreements, are only strengthened by personal commitment of all those involved. It is important to remember that the good efforts of the many can be undone by the thoughtless efforts of the few. The fifth rule is Time. Developing relationships and ensuring cooperation would be a long and ongoing process. These must be developed over the long term and immediate results should not be expected. The essential element of all these ground rules is the development of "Trust" between the parties.
Finally, it has to be understood by the customs administration that cross-government relationships may be important for all agencies, but they are especially crucial for the Customs to help manage and secure emerging patterns of trade in goods and passenger movements. Such relationships need to be at both policy level and the operational level. Making a real contribution to policy to achieve wider government outcomes has now become very much necessary and is as important as effective and efficient operational performance. Therefore, the Customs administration of Bangladesh should give highest priority to relationship building with other agencies in order to ensure a positive role in trade facilitation and national security enforcement.
The writer is Advisor to the Tax Ombudsman, Office of the Tax Ombudsman