Activities Assignment: Border Control, Security, and Law - S-CUS202

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Homework Assignment
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This assignment delves into various aspects of border control and security, referencing specific activities and regulations. It examines the roles of agencies like the Australian Customs and Border Protection Service, focusing on passenger processing, cruise ship procedures, and the application of Annex 9 of the International Civil Aviation Organization (ICAO). The assignment also explores organizational policies, including Advance Passenger Information (API) and Passenger Name Record (PNR) systems, and the positions of international bodies like the European Commission, World Customs Organization (WCO), and International Air Transport Association (IATA). Furthermore, it reviews risk assessment, profiling techniques, and the use of technology in border control, touching on topics like questioning techniques and the analysis of passenger data to enhance security. The assignment highlights the importance of international cooperation, data privacy, and the balance between security measures and passenger facilitation.
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Running head: ACTIVITIES ASSIGNMENT
ACTIVITIES ASSIGNMENT
Name of the Student
Name of the University
Author Note
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ACTIVITIES ASSIGNMENT
Table of Contents
ACTIVITY 2.1...........................................................................................................................3
BORDER AGENCY..............................................................................................................3
ACTIVITY 2.12.........................................................................................................................4
CRUISE SHIP PASSENGER PROCESSING.......................................................................4
ACTIVITY 2.5...........................................................................................................................5
ANNEX 9 EXERCISE...........................................................................................................5
ACTIVITY 3.16.........................................................................................................................6
EUROPEAN COMMISSION POSITION ON THE TRANSFER OF PASSENGER DATA
TO THIRD COUNTRIES......................................................................................................6
ACTIVITY 3.6...........................................................................................................................7
ORGANIZATIONAL POLICIES.........................................................................................7
ACTIVITY 4.15.......................................................................................................................10
REVIEW EXERCISE..........................................................................................................10
ACTIVITY 4.8.........................................................................................................................11
REVIEW - RISK ASSESSMENT.......................................................................................11
ACTIVITY 5.5.........................................................................................................................12
RESEARCHING TRAVELLERS’ PERCEPTIONS..........................................................12
ACTIVITY 6.12.......................................................................................................................13
REVIEW OF LEGISL ATION - PERSONAL SEARCH...................................................13
ACTIVITY 6.4.........................................................................................................................14
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VIDEO – QUESTIONING TECHNIQUES........................................................................14
ACTIVITY 7.2.........................................................................................................................15
OFFICER NOTES...............................................................................................................15
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ACTIVITY 2.1
BORDER AGENCY
The “Australian Customs and Border Protection Service” is the “Australian federal
government agency” who are mainly in charge of the maintaining the “security and integrity”
of the “Australian boarder”. It helps in lawful movement of the “international travellers and
good” keeping in mind the “safety security and commercial” of the people of Australia.
The “Australian Customs and Border Protection Service” main responsibility
includes to detect and protect 'suspected irregular entry vessels and objectionable material'
which is involved in smuggling of people along with 'illegal foreign fishing vessels' with the
help of the “custom marine unit”. They also responsible to prevent “cross border terrorism”.
They coordinated with many other government agencies like the “Australian Crime
Commission, Australian Federal Police, Attorney-General's Department, Department of
Agriculture, Fisheries and Forestry, Department of Defence, Department of Foreign Affairs
and Trade, Department of Immigration and Border Protection and the Office of Transport
Security”.
The “Australian Customs and Border Protection Service” includes uses a "big data
analysis ecosystem to monitor people and cargo entering and leaving Australia. This includes
the use of machine learning capabilities across a range of analytical platforms that draw
together multiple data sources to provide insight”.
The “Australian Customs and Border Protection Service” are present at the border.
(abf,gov , 2019)
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REFERENCE
abf.gov (2019). Home. Retrieved 31 July 2019, from https://www.abf.gov.au/
ACTIVITY 2.12
CRUISE SHIP PASSENGER PROCESSING
Cruise ships have to pass through various “customs, immigration and biosecurity
controls” while entering or leaving Australia. They have to get the clearance in order to enter
“an Australian Non-Proclaimed First port of Entry and/or to enter subsequent Ports of Call”.
All the cruise shops who wants to enter the or leaving Australia or to visit any other seaports
is required to have submit a “Marine Travelling Processing Committee (MTPC) application”
which includes “Tangalooma and Yorkeys Knob”. This is
If the ship operators requires the permit of the Marine Travelling Processing
Committee (MTPC), they are required to submit an application in written at “least thirty day
prior arrival and not more than two years two years in advance”. In the above-mentioned
application, all the details of the journey, the ship and the port intentions, which may include
the passenger manifesto, “shore exclusion and sail by / anchor only”, should be mentioned.
Taking specifically about Specific Annexure J, which talks about the in context of the
Passenger Manifesto, the customs officers are required to submit a details list of the
passenger. According to the law, the custom officers are required to submit the details of the
travelers, irrespective of the citizenship or nationality of the passengers. The customs
department shall appoint customs officers who shall be responsible for all the formalities
related to the passengers. Australia is in compliant of the Specific Annexure J. This Annexure
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is mainly applied in order to prevent cross border terrorism and to maintain safety and
security of the country. (abf, 2019).
REFERENCE
abf. (2019). Requirements for cruise ships entering Australia. Retrieved 31 July 2019, from
https://www.abf.gov.au/entering-leaving-australia/Pages/requirements-cruise-ships-
entering-aus.aspx
ACTIVITY 2.5
ANNEX 9 EXERCISE
Annex 9 refers to the “International Civil Aviation Organization” which primarily
focus on the “Standards and Recommendation Practice on the facilities” which was adopted
by the council in the year 1949 in the month of March dated 25th. The Chicago Convention
provides (Article 37) for the Council of ICAO to make standards and recommended practices
dealing with a wide range of matters concerned with the safety, regularity and efficiency of
air navigation”.
The various rules and regulation regarding the travelers includes that the minor
passengers who are 18 years of age are required to travel with an adult who not necessary not
be their parents or guardians, an advance passengers information (API) where all the details
of the passengers are collected and transferred to the Border control Agencies electronically
before the arrival or departure of the passengers. Regarding the aircraft, all the operators and
the staff should be well qualified for the job and may more.
The Border control Point is mainly responsible for the movement of goods, services
and people across the neighboring countries. Taking specifically about the working of the
Border control, they are mainly responsible for the smoothing traveling of the passenger
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across the borders through properly enforced rules and regulations. They are mainly
responsible for the verifications of the documents like the passports , visa and any other
appropriate documents of identity. As per the border force, all the commercial passenger
airlines operating internationally in and out of Australia would be required to submit all the
details of the passengers and the staff using the “Advance Passenger Processing (APP)
system”. Filling up the APA system helps the authorities to complete the required procedure
in order to check whether they have the permission to travel abroad. This helps in maintain
the security and reducing the risks. (Kazda & Caves, 2015)
REFERENCE
Kazda, A., & Caves, R. E. (Eds.). (2015). Airport design and operation. Emerald Group
Publishing Limited.
ACTIVITY 3.16
EUROPEAN COMMISSION POSITION ON THE TRANSFER OF
PASSENGER DATA TO THIRD COUNTRIES
1. The three parameters are-
Firstly, Due to the increase in cross border international terrorism, the analysis of PNR has become
all the more important for the border security. Secondly, Due to latest advancement in the
technology, the access and analysis of PNR data have become possible by the border security. Lastly,
due to increase in the number of the international travelers, “the electronic processing of data in
advance of the arrival of passengers largely facilitates and expedites security and border control
checks”.
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2. The two imperative necessities are-
First, the commission needs to get the full details about the way that the third world will use the PNR
data. Second, through intensive and continuous conversation between the EU and the third world
country requesting PNR data.
3. If the European Union does not provide an appropriate legal basis for the transfers to the third
countries, the member states might face the difficulty in requesting the PNR data from the air
carries those are operating from that third country.
4. Talking about the transfer of PNR data to the third world country, I would prefer the
option 3 where a legal system would be created which would provide the legal base
for the transfer of data. This option would not only help in immediate transfer of data
under prescribed conditions but also “ensure legal certainty for the air carrier” and
hence reduce the risk of being fined by the third world counties.
REFERENCES
Fahey, E. (2013). Law and Governance as Checks and Balances in Transatlantic Security:
Rights, Redress, and Remedies in EU-US Passenger Name Records and the
Terrorist Finance Tracking Program. Yearbook of European Law, 32(1), 368-388.
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ACTIVITY 3.6
ORGANIZATIONAL POLICIES
The movement of information can be from the airline authorities to the border control
authorities can be transferred by two different techniques- Advance Passenger Information
(API) and Passenger Name Record (PNR).
During the Check In, the API Data are generally generated. In the year 1993, the API
guidelines were formed by the “WCO in association with the International Air Transport
Association (IATA)”. Later International Civil Aviation Organization(ICAO) was also
incorporated , and all the three organization together “published the WCO/IATA/ICAO
Guidelines on Advance Passenger Information in 2003, 2010 and 2013”.
The guidelines mainly includes new rules and regulations related to the “new
provisions to address issues such as security, data protection, mutual administrative
assistance” using the ‘Interactive API’ for the passengers at the airport.
The world customs organizations (WCO) is an international Organization who are
mainly responsible for the customs matter and has the goal of simplification of customs
formalities and promotion of an effective means of customers control. It mainly includes
transfer of passengers and commercial goods and services. Due to the increase risk of cross
border terrorism and organized crime, customs has to increase their control over the
passengers in order to catch the offenders and to reduce the risk of global terrorism. The need
to catch the offenders along with the need to increase the air traffic of the passengers have
resulted in the decrease in the resources of both customs and the other board of controlling
agencies. In addition, due to this there has been a delays and increase in the pressure on the
authorities of the airport catering to a decrease in the passenger volume. The use of Advance
Passenger Information (API) in the context of the world customs organizations (WCO) helps
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the member of the customs to deal with the issue of the depleting resources and helps in
increasing the passenger volume (Weerth, 2016).
The Advance Passenger Information (API) is considered as an important technique in
order to increase the “border integrity, while maintaining facilitation for low risk
passengers, which benefit Customs and other Border Control Agencies, Carriers,
Airport Authorities (and other passenger facility operators) and Passengers themselves”.
IATA stands for International Air Transport Association. It is a private organization, a
trade association that promotes collaboration within the “world`s scheduled airlines to ensure
safe, secure, reliable and economical air services” with the help of the consulting services that
is offered by the International Air Transport Association (IATA) to the different airline
industry. The International Air Transport Association (IATA) is an internationally recognized
organization that represents of about “240 scheduled carriers that is responsible for about
83% transportation of passenger around the world by air”. Through Advance Passenger
Information (API), the International Air Transport Association (IATA) would mainly try and
focus on the “enhancing and streamlining the control processes applied in respect of arriving
and departing of the international passengers in the customs, immigrations and other border
controls”. The Advance Passenger Information (API) would help in removing unnecessary
paper work procedure required during the international travel along with the removal of
passengers manifest as written documents (Tyler, 2016).
The International Civil Aviation Organization (ICAO) is an intergovernmental
organization, which was founded in the year 1994 by the Convention on International Civil
Aviation (Chicago Convention). ICAO acts as “medium for establishment of standards and
recommended practices by all the 191 contacting states” in the area of the security, safety
aviation environment protection and facilitation. Through the API system in ICAO,
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“unnecessary delays by facilitating border clearance formalities” could be avoided, along
with the adoption of the “international standard customs and immigration procedures”.
REFERENCES
Tyler, T. (2016). IATA Annual Review 2016.
Weerth, C. (2016). Recent Developments in the World Customs Organization. In European
Yearbook of International Economic Law 2016 (pp. 787-799). Springer, Cham.
ACTIVITY 4.15
REVIEW EXERCISE
Answer 1: Targeting or selecting is the process by which the Security Official identify the
risk passenger or baggage. The two steps involved are the risk assessment stage where the
high risk areas of the port along with deciding upon the strength and weakness of the security
system. The second step involved in the profiling stage, the official may drew a picture of
what a smuggler or smuggling method may look like.
Answer 2: Duty free shops sites do not count as reliable source of information for developing
the profile.
Answer 3: In the Activity 4.10 in the profiling section, the seizure report of the passengers
was created because the authority had their doubt or suspicion on that passenger. The above-
mentioned seizure report in the Flight TG666 only the males were mentioned. Therefore, no
females pose a treat.
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Answer 4: The different areas that need to be changed in a stolen genuine passport may
include the name, the date of birth, the personal description if required, and list of
dependents.
Answer 5: The smuggler may use cash for the payment of airline tickets to avoid any paper
trail. If the smuggler has used credit card for payment, the details of the card holder could
easily be traced back by the police officials.
Answer 6: Other than the ticket, in the official documents the mode of payment in cash was
recorded.
REFERENCE
Robertson, D., Middleton, R., & Burton, A. M. (2015). From policing to passport control.
Keesing Journal of Documents & Identity, 46, 3-8.
ACTIVITY 4.8
REVIEW - RISK ASSESSMENT
Answer 1: “Risk assessment” in simple terms helps to study “what can go wrong, how
likely it is to happen, what the potential consequences are, and how tolerable the identified
risk is”. And as a part of the activity, the resulting risk which was found could be the
process As part of this process, the resulting “determination of risk” can then be converted
into qualitative and quantitative manner”. “Risk Management” is an vital part of an overall
“risk management strategy that aims to “introduce control measures to eliminate or reduce"
the different probable “risk related” consequences.
Answer 2: Three benefits of developing a “Risk Management” includes-
1. It identifies risks that are not apparent.
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