2008 Program Update

On April 28, 2008, the North American Export Committee (NAEC) met with Department of Homeland Security Customs and Border Protection (DHS/CBP) Supervisors Philip Warker and Carla D'Onofrio. Supervisor Warker has been assigned responsibilities dealing with Outbound Containers and Manifests for United States Ports of Entry. Supervisor D'Onofrio has been tasked with Outbound Operations/Land Ports. Though new to their respective duties, both are well versed with operational experience and familiar with DHS/CPB policy and procedure "know how".

Mr. Warker and Ms. D'Onofrio were welcomed by NAEC Chair Jim Spiller during opening ceremonies and recognized for their interest in attending the 2008 NAEC Summit in Sacramento, California. During the (2) two day summit, vital information was collected by both Warker and D'Onofrio to assist them in understanding the plight of many law enforcement agencies along both land and sea ports in working with DHS/CBP Port Directors.

The (2) two day summit allowed Mr. Warker an opportunity to engage in valuable conversation with various representatives from varying law enforcement agencies to discuss particular challenges while working at or near federal ports of entry. In addition, Mr. Warker and Ms. D'Onofrio presented new directions for their departments while engaging in a "question and answer" session with Summit attendees. Mr. Warker found it quite appealing that the augmentation of personnel at ports of entry would be very close at hand once an understanding of issues is realized. Mr. Warker commented on delays by their agency due in large part to the lack of manpower in some areas.

Two goals that were identified by both DHS/CBP Supervisors and Summit attendees were 1) the collection of comments both good and bad from law enforcement and NAEC members that would document concerns that need to be addressed by Mr. Warker and/or Ms. D'Onofrio dealing with department personnel and 2) an invitation by Mr. Warker to NAEC Board members to assist in drafting positive and fruitful initiatives that would in conjunction with DHS/CBP policy produce a collaborative and encompassing mission statement and possibly a working MOU for agency review and acceptance. NAEC' expectation is that DHS/CBP would view law enforcement officers as a viable element and would be willing to deputize these officers to allow free access onto land and sea ports of entry for random outbound checks of containers, vehicles and persons.

Both Warker and D'Onofrio were interested in reviewing the MOU presented years ago by Miami Dade Metro Division and then NAEC Chair Greg Terp. The MOU was to be sent to Mr. Warker for comments and further discussions.

Mr. Warker reassured NAEC members and attendees that this would not be the last time that DHS/CBP personnel would be present for NAEC activities. The effort and discussion that was produced by their attendance was received as a very positive step in attempting to understand both concerns and legislative limitations as they currently stand. The earnest is now on NAEC Board members, NAEC associates and law enforcement to show the ability and commitment that were so long voided of answers.

Model Memorandum of Understanding - MOU

MEMORANDUM OF UNDERSTANDING BETWEEN MIAMI- DADE POLICE DEPARTMENT AND CUSTOMS AND BORDER PROTECTION REGARDING THE DESIGNATION OF EMPLOYEES OF MIAMI-DADE POLICE DEPARTMENT AS CBP OFFICERS.

1. Purpose

The Miami-Dade Police Department and Customs and Border Protection (CBP) agree that effective enforcement of the laws regarding auto theft requires close cooperation and coordination between the two agencies and have therefore entered into this agreement to govern the use of CBP officer designation by certain employees of the Miami-Dade Police Department.

2. Agreement

There may be instances when it may be desirable for certain employees of the Miami-Dade Police Department to be able to perform certain Customs duties.  Pursuant to 19 USC 1627a, and delegation order 88-02, CBP authorized to designate persons as CBP officers to perform any of the duties of a CBP officer.

The two agencies, have therefore, entered into an agreement as follows:

A. CBP agrees:

1. To designate certain employees of the Miami-Dade Police Department as CBP officers (excepted) without additional compensation to perform stolen vehicle interdiction duties.
2. To provide the designated employees appropriate training in CBP laws, policies and procedures.
3. To issue a designation form as described in A1 above to each qualified employee of the Miami-Dade Police Department.

B. The Miami-Dade Police Department agrees:

1. To advise CBP of each situation in which the Miami-Dade Police Department proposes to use a CBP officer designation.
2. That CBP officer designation to employees of the Miami-Dade Police Department, will be used only in situations when there has been specific advance approval by CBP and only to the extent approved by CBP and for the duration of the specific law enforcement activity for which the approval was granted.
3. To therefore report in writing to CBP the results.
   To advise the CBP of each court proceeding in which the validity of CBP search, seizure or arrest authority has become an issue, and to permit CBP to provide legal memoranda or other assistance in such cases when desired by CBP.
4. To follow CBP directives and instructions applicable to CBP Officers concerning Customs search, seizure and arrest authority.

B. Both agencies:

1. Recognize that any abuse of the CBP officer designation may lead to the revocation of such designations by the CBP.
2. Agree to exchange implementing instructions prior to issuance.
3. Agree to meet from time to time to review this agreement.