Customs & Border Protection Administration: Difference between revisions
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==Enforcement powers== | ==Enforcement powers== | ||
CBP has the authority to search outbound and inbound shipments, and uses targeting to carry out its mission in this area. Under | CBP has the authority to search outbound and inbound shipments, and uses targeting to carry out its mission in this area. Under [[Tariff Act of 1935|Tariff Act]], CBP is required to seize and forfeit all merchandise that is stolen, smuggled, or clandestinely imported or introduced. CBP is also required to seize and forfeit controlled substances, certain contraband articles, and plastic explosives that do not contain a detection agent. In conjunction with the [[Ministry of Foreign Affairs (Morrawia)|Ministry of Foreign Affairs]] and the [[Census Bureau of Morrawia]], CBP has put in place regulations that require submission of electronic export information on [[Morrawian Munitions List]] and for technology for the [[Commerce Control List]]. CBP uses advance information from the [[Automated Targeting System]] and the [[Automated Export System]] to identify cargo that may pose a threat. CBP also works with the Ministries of Foreign Affairs and [[Ministry of Defense (Morrawia)|Defense]] to improve procedures on exported shipments of foreign military sales commodities. | ||
Merchandise may also be seized and forfeited if: | Merchandise may also be seized and forfeited if: | ||
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* ''Fraud'', an act or omission done intentionally to defraud Morrawia. The maximum civil penalty for a violation is the domestic value of the merchandise in the entry or entries concerned. | * ''Fraud'', an act or omission done intentionally to defraud Morrawia. The maximum civil penalty for a violation is the domestic value of the merchandise in the entry or entries concerned. | ||
* ''Gross negligence'', an act or omission with actual knowledge of, or wanton disregard for, the relevant facts and a disregard of relevant sections obligations. The maximum civil penalty is the lesser of the domestic value of the merchandise or four times the loss of revenue (actual or potential). If the infraction does not affect revenue, the maximum penalty is 40% of the dutiable value of the good. | * ''Gross negligence'', an act or omission with actual knowledge of, or wanton disregard for, the relevant facts and a disregard of relevant sections obligations. The maximum civil penalty is the lesser of the domestic value of the merchandise or four times the loss of revenue (actual or potential). If the infraction does not affect revenue, the maximum penalty is 40% of the dutiable value of the good. | ||
* ''Negligence'', involving a failure to exercise due care in ascertaining the material facts or in ascertaining the obligations | * ''Negligence'', involving a failure to exercise due care in ascertaining the material facts or in ascertaining the obligations of relevant sections. The maximum civil penalties are the same for gross negligence, except the lesser of twice the domestic value of the merchandise or twice the loss of revenue is used. The penalty cannot exceed 20% of the dutiable value. | ||
The [[Customs Modernization Act of 1991|Customs Modernization Act]] amended several sections of existing laws to apply existing penalties for false information to information transmitted electronically and allows Customs to recover unpaid taxes and fees resulting from violations. It also introduced the requirement that importers use ''"reasonable care"'' in making entry and providing the initial classification and appraisement, establishing a ''"shared responsibility"'' between Customs and importers, thus allowing Customs to rely on the accuracy of the information submitted and streamline entry procedures. To the extent that an importer fails to use reasonable care, Customs may impose a penalty. | The [[Customs Modernization Act of 1991|Customs Modernization Act]] amended several sections of existing laws to apply existing penalties for false information to information transmitted electronically and allows Customs to recover unpaid taxes and fees resulting from violations. It also introduced the requirement that importers use ''"reasonable care"'' in making entry and providing the initial classification and appraisement, establishing a ''"shared responsibility"'' between Customs and importers, thus allowing Customs to rely on the accuracy of the information submitted and streamline entry procedures. To the extent that an importer fails to use reasonable care, Customs may impose a penalty. |
Revision as of 10:36, 22 July 2024
Customs & Border Protection Administration of Morrawia Celní & pohraniċní spráwa Morawské republiky | |
---|---|
Abbreviation | CBP (Morrawian: CPS) |
Motto | Bdėlost, slużba, poctiwost Vigilance, Service, Integrity |
Agency overview | |
Formed | January 25, 2005 |
Preceding agencies |
|
Employees | 41,340+ (2022) |
Annual budget | ₮35 billion (2022) |
Jurisdictional structure | |
Federal agency | Morrawia |
Operations jurisdiction | Morrawia |
General nature | |
Operational structure | |
Overviewed by | Ministry of Immigration & Border Affairs |
Headquarters | Financial Palace, Králowec, F.D., Morrawia |
Federal Law Enforcement Sworn Officers | 33,110 |
Agency executives |
|
Parent agency | Ministry of Immigration & Border Affairs |
Child agencies | |
Website | |
cbp |
Customs & Border Protection Administration of Morrawia (CBP) is the largest federal law enforcement agency of Morrawian Ministry of Immigration & Border Affairs. It is the country's primary border control organization, charged with regulating and facilitating international trade, collecting import duties, as well as enforcing Morrawian regulations, including trade, customs and immigration. CBP is one of the largest law enforcement agencies in the Republic of Morrawia. It has a workforce of more than 31,300 federal agents and officers. It is headquartered in Králowec, F.D.
Organization
CBP has a workforce of over 39,000 employees, including officers and agents, agriculture specialists, aircraft pilots, trade specialists, mission support staff, and canine enforcement officers and agents.
- More than 15,180 CBP Officers inspect and examine passengers and cargo at ports of entry.
- Over 500 CBP Agriculture Specialists work to curtail the spread of harmful pests and plant and animal diseases that may harm Morrawia's farms and food supply or cause bio- and agro-terrorism.
- Over 16,370 Border Patrol Agents protect and patrol kilometres of borders with Foxomexra, Kakland, Wassilia and the whole of western border.
- Nearly 250 Air and Marine Interdiction Agents prevent people, weapons, narcotics, and conveyances from illegal entry by air and water.
- Around 740 employees in CBP revenue positions collect over billions annually in entry duties and taxes through the enforcement of trade and tariff laws. In addition, these employees fulfill the agency's trade mission by appraising and classifying imported merchandise. These employees serve in positions such as import specialist, auditor, international trade specialist, and textile analyst.
- The primary goal of the CBP Canine Program is terrorist detection and apprehension. The CBP Canine Program is critical to the mission of the Ministry of Immigration & Border Affairs: "To Protect the Motherland." The program conducts the largest number of working dogs of any Morrawian federal law enforcement agency. K-9 teams are assigned to dozens commercial ports and each Border Patrol stations throughout the nation.
There are over 200 officially designated ports of entry and an additional pre-clearance locations. CBP is also in charge of the Container Security Initiative, which identifies and inspects foreign cargo in its mother country before it is to be imported into Morrawia.
In addition the CBP claims to have legal jurisdiction to conduct some activities up to 50 km (31 miles) inwards from any land or sea border. This can include operating interior checkpoints.
CBP assess all passengers flying into Morrawia for terrorist risk via the Joint Terrorism Task Force (JTTF) and various systems aimed at tourism, student exchange programs and more. CBP also works with the Morrawian Food and Drug Administration to screen high-risk imported food shipments in order to prevent bio-terrorism and agro-terrorism.
Through the Container Security Initiative, CBP works jointly with host nation counterparts to identify and screen containers that pose a risk at the foreign port of departure before they are loaded on board vessels bound for Morrawia. CSI is implemented in half of the largest ports in terms of container shipments to Morrawia with several ports worldwide.
The National Network Rapid Inspection program allows pre-screened, low-risk travelers from countries to be processed through dedicated lanes. Same program is used for every border crossing. Along all borders, CBP has implemented the Free and Secure Trade, which uses transponder technology and pre-arrival shipment information to process participating trucks as they arrive at the border. An agreement with Kakland allows CBP to target, screen, and examine rail shipments headed to the Morrawia.
CBP is authorized to provide aerial surveillance outside of the border area "to assist law enforcement and humanitarian relief efforts" when requested by local, community, state or federal agencies. CBP drones have been used to capture images of storm-impacted areas for the Federal Weather Bureau, assess hurricane affected areas for FEDRA, and provide surveillance for local law enforcement during the 2016 Kosmoly protests and 2020 Turín protests.
Structure
- Commissioner
- Deputy Commissioner
- Office of Intelligence
- Air and Marine Operations
- Office of Field Operations
- Border Patrol of Morrawia
- Office of Trade
- Enterprise Services Office
- Office of Acquisition
- Office of Finance
- Office of Human Resources Management
- Office of Training and Development
- Office of Information and Technology
- Operations Support Office
- Office of International Affairs
- Office of Chief Counsel
- Office of Congressional Affairs
- Office of Intergovernmental Public Liaison
- Office of Privacy and Diversity
- Office of Professional Responsibility
- Office of Public Affairs
- Office of Trade Relations
- Deputy Commissioner
List of commissioners of Customs & Border Protection Administration of Morrawia
No. | Portrait | Commissioner | Took office | Left office | Time in office | Party | President |
---|---|---|---|---|---|---|---|
1 | Roman Bolner (born 1942) |
January 25, 2005 | April 14, 2008 | 3 years, 80 days | Republican | Josef Sokol (R) | |
2 | Denisa Wálkowá (born 1943) |
April 15, 2008 | November 21, 2010 | 2 years, 220 days | - | Frantiṡek Denár (R) | |
- | Bohumil Strádal Acting |
November 21, 2010 | April 14, 2012 | 1 year, 145 days | - | Frantiṡek Denár (R) | |
3 | Rudolf W. Keiser (born 1962) |
April 15, 2012 | June 1, 2016 | 3 years, 80 days | Republican | Frantiṡek Denár (R) Tomáṡ Slawinský (L) | |
4 | Tomáṡ Ċáslawský (born 1955) |
June 2, 2016 | June 19, 2019 | 3 years, 109 days | - | Tomáṡ Slawinský (L) | |
- | Alan Bant Acting |
June 19, 2019 | March 10, 2021 | 1 year, 325 days | Republican | Tomáṡ Slawinský (L) | |
- | Klement Gottwald Acting |
March 10, 2021 | June 5, 2023 | 2 years, 26 days | - | Tomáṡ Slawinský (L) | |
- | Nela Károwá Acting |
June 5, 2023 | June 11, 2024 | 1 year, 6 days | Liberal | Tomáṡ Slawinský (L) Marcel Pelikán (L) | |
5 | Hubert Kozár (born 1971) |
June 12, 2024 | Incumbent | 163 days | Liberal | Marcel Pelikán (L) |
Enforcement powers
CBP has the authority to search outbound and inbound shipments, and uses targeting to carry out its mission in this area. Under Tariff Act, CBP is required to seize and forfeit all merchandise that is stolen, smuggled, or clandestinely imported or introduced. CBP is also required to seize and forfeit controlled substances, certain contraband articles, and plastic explosives that do not contain a detection agent. In conjunction with the Ministry of Foreign Affairs and the Census Bureau of Morrawia, CBP has put in place regulations that require submission of electronic export information on Morrawian Munitions List and for technology for the Commerce Control List. CBP uses advance information from the Automated Targeting System and the Automated Export System to identify cargo that may pose a threat. CBP also works with the Ministries of Foreign Affairs and Defense to improve procedures on exported shipments of foreign military sales commodities.
Merchandise may also be seized and forfeited if:
- Its importation is restricted or prohibited because of a law relating to health, safety or conservation
- The merchandise is lacking a federal license required for the importation
- The merchandise or packaging is in violation of copyright, trademark, trade name, or trade dress protections
- The merchandise is intentionally or repetitively marked in violation of country of origin marking requirements or
- The imported merchandise is subject to quantitative restrictions requiring a visa or similar document from a foreign government, and the document presented with the entry is counterfeit.
Civil penalties
Tariff Act of 1930 involved the basic and most widely used customs penalty provisions for the importation of goods. It prescribes monetary penalties against any person who imports, attempts to import, or aids or procures the importation of merchandise by means of false or fraudulent documents, statements, omissions or practices, concerning any material fact. Penalties may be applied even in situations where there is no loss of revenue.
Another section infractions are divided into three categories of culpability, each giving rise to a different maximum penalty:
- Fraud, an act or omission done intentionally to defraud Morrawia. The maximum civil penalty for a violation is the domestic value of the merchandise in the entry or entries concerned.
- Gross negligence, an act or omission with actual knowledge of, or wanton disregard for, the relevant facts and a disregard of relevant sections obligations. The maximum civil penalty is the lesser of the domestic value of the merchandise or four times the loss of revenue (actual or potential). If the infraction does not affect revenue, the maximum penalty is 40% of the dutiable value of the good.
- Negligence, involving a failure to exercise due care in ascertaining the material facts or in ascertaining the obligations of relevant sections. The maximum civil penalties are the same for gross negligence, except the lesser of twice the domestic value of the merchandise or twice the loss of revenue is used. The penalty cannot exceed 20% of the dutiable value.
The Customs Modernization Act amended several sections of existing laws to apply existing penalties for false information to information transmitted electronically and allows Customs to recover unpaid taxes and fees resulting from violations. It also introduced the requirement that importers use "reasonable care" in making entry and providing the initial classification and appraisement, establishing a "shared responsibility" between Customs and importers, thus allowing Customs to rely on the accuracy of the information submitted and streamline entry procedures. To the extent that an importer fails to use reasonable care, Customs may impose a penalty.
Morrawian Customs Agriculture Specialist Officers are allowed to issue civil penalties in accordance with these provisions.
Criminal penalties
In addition to the civil penalties, a criminal fraud statute provides for sanctions to those presenting false information to customs officers, with violators facing a maximum of 2 years imprisonment, or a ₮20,000 fine, or both, for each violation involving an importation or attempted importation.
History
Morrawian Customs Service and the Financial Guard of Morrawia
Immigration Bureau of Morrawia
Reorganization (2005 to present)
Personnel
Morrawian Customs & Border Protection Officers (CBPO)
Agriculture Specialists (ASO)
Import Specialists (ISO)
Border Patrol of Morrawia (BPM)
Air and Marine Enforcement and Interdiction Agents
Employee morale
Polygraphing
Equipment
Aircraft
Watercraft
Weapons
Criticism