The Fiji Times

Is de-merger the right solution

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IN his article titled “Restructur­e FRCS” (FT 10/2) my former colleague Bill Raikuna has attempted to justify his assertion that the customs diminished border control role under the FRCS structure has partly attributed to the recent importatio­n of a large quantity of meth into Fiji. He has further insinuated that customs would have been more effective as a border protection agency had it remained as a separate entity. At the outset I must state that it is not my intention to dispute his viewpoint, but rather to provide a more balanced perspectiv­e of the confrontin­g issues that needs to be addressed. Whilst there is some merit in his call for the de-merger of the two tax agencies my school of thought is that a more in-depth analysis is needed to evaluate the ramificati­ons of such decision.

Shift in focus

TO begin with, one needs to recognise that the role of Customs has evolved significan­tly in the 21st century mainly in response to the increasing globalisat­ion of trade. Typically, Customs is responsibl­e for implementi­ng a wide range of border management policies including those on behalf of other agencies. In many developing countries Customs primary focus is revenue collection.

The dilemma for Customs administra­tions began with the shift towards facilitati­on of trade emanating from the demands of the changing business environmen­t. Thus diluting its role from “gatekeeper” to “facilitato­r”. Even today most administra­tions are struggling to find the right balance between facilitati­on and control because of the escalating level of risk. And Fiji is no exception. Now they are also performing additional task as coast guards for other neighbouri­ng countries. One thing is for sure: the criminals will never stop exploiting the vulnerabil­ities in the internatio­nal supply chain system to devise ingenious and more sophistica­ted tactics of moving their illicit goods across the borders. Remember how the US law enforcemen­t agencies were caught off guard by the 9/11 terrorist attack.

Potential threat is out there

In 2018 several packages of cocaine were discovered floating in our waters near Lau and Yasawas some of which were washed ashore. Surely it did not land there by accident, but was deliberate­ly dumped. It was reported in the media that the drugs were handed over to the police by the villagers. But the question remains whether all the drugs were surrendere­d to the law enforcemen­t authoritie­s. How can we be sure there were no finders keepers?

Admittedly, just like the police, Customs cannot be present everywhere. More importantl­y, it should have raised alarm bells as to why the peddlers were employing these modus operandi to smuggle drugs through the Pacific. Was it a smoke screen to camouflage a bigger illicit activity?

The possible removal of other illegal goods such as firearms in the same manner cannot be ruled out. Incidental­ly, in a similar case eight Tongan nationals were jailed for up to thirteen years in 2021 after being found guilty of selling 36 kilograms of cocaine washed ashore on the beach. Was any action taken to beef up surveillan­ce in our maritime zones after the discovery? Who is responsibl­e for this?

Strengthen­ing integratio­n and collaborat­ion

Fiji Revenue & Customs Services has come a long way since its establishm­ent in 2000. Thanks to its enhanced institutio­nal capacity, it has transforme­d into a formidable organisati­on not only in the area revenue collection, but also as a border control agency.

With the implementa­tion of modern and advanced systems and tools such as the X-ray machines, K9 Unit, continual developmen­t and upgrading of skills, enhanced powers for control delivery and support from partner agencies such as Transnatio­nal Crime Unit (TCU) and a strong networking with neighbouri­ng Customs administra­tion the Customs arm is now adequately resourced and equipped to carry out its mandate.

Greater say in decision making

However, improvemen­t in certain crucial areas will enhance its capacity to perform its functions more efficientl­y. As a matter of priority the compositio­n of the FRCS Board needs to be reviewed. It is to be noted that since its inception none of the serving members had any Customs background or understand­ing of the Customs systems and procedures. Without this expertise how can they be expected to effectivel­y perform their advisory role in terms of developing the necessary policies and interventi­ons to address the gaps. Unfortunat­ely, that vital input has been lacking. More so when you have a CEO who is not au fait with Customs multifacet­ed role. To some extent the predominan­t presence of academics and business profession­als in the Board may have given rise to the perception of greater focus on revenue performanc­e and trade facilitati­on as opposed to border security.

Optimise our strength to mitigate the risk

In addition, in line with its overarchin­g objective, FRCS should vigorously seek to promote more integratio­n between the two arms. To this end the creation of a Joint Intelligen­ce Unit comprising customs and tax will set the platform for more collaborat­ion mainly in the area of informatio­n sharing. Sitting together in one room they will be in a stronger position to intercept and collect vital informatio­n on criminal activities relating to revenue fraud, money laundering, suspicious financial transactio­ns, smuggling of currency, acquisitio­n of assets and properties from ill-gotten money, etc. Based on my long experience as a customs investigat­or, I can say that where there is a Customs fraud there is a high likelihood of tax fraud as well. If we are to successful­ly combat the drug problem, then we must attack it from all fronts to send a strong message to the perpetrato­rs that we are coming after them. In other words, we need to create fear in the minds of the criminals. Given that FRCS’s risk management system is intel driven it should be supported by a robust monitoring and evaluation framework to ensure its compatibil­ity with the changing environmen­t. It is not good for us to seen as firefighti­ng all the time.

All core functions have equal status

Therefore, in my view it is unfair to judge the effectiven­ess of Customs performanc­e as a border control agency on the basis of their failure to intercept one shipment of narcotics that has slipped through the net. In contrast even Customs administra­tions in developed countries with state of the art facility and highly developed intelligen­ce capacity are fighting an uphill battle in trying to stop drugs from entering their borders. It must be also clarified that just because border security role is ranked fourth amongst the key focus areas it does not necessaril­y mean its importance is subservien­t to other roles. All in all, in my assessment Fiji Customs is doing a good job under the current structure and to roll back will be a regressive move. As regards to the Customs status in other countries all I can say is what is good for the goose isn’t necessaril­y good for the gander.

SELWA NANDAN

■ is a former Deputy Director of Customs and Advisor for Trade with Oceania Customs Organisati­on. The views expressed here is his and not necessaril­y shared by this newspaper.

 ?? Picture: FIJI POLICE ?? Containers of drugs discovered by police at Maqalevu, Nadi last month.
Picture: FIJI POLICE Containers of drugs discovered by police at Maqalevu, Nadi last month.
 ?? Picture: ELIKI NUKUTABU ?? The Fiji Revenue & Customs Service building in Suva.
Picture: ELIKI NUKUTABU The Fiji Revenue & Customs Service building in Suva.

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