Good Practice Guide Ch 5 System and Method of Examination

CHAPTER 5 SYSTEM AND METHOD OF EXAMINATION

Table of contents Section I:

General

Section II:

Health & safety

Section III: Examination of containers and their contents Section VI: Examine of exterior of the container Section V:

Examine of the goods

Section VI: Examine of internal side of the container Section VII: Action if irregularities are detected

EUROPEAN COMMISSION GOOD PRACTICE GUIDE

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CHAPTER 5 - SYSTYEM AND METHOD OF EXAMINATION

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Section I General The physical examination of containers and their cargo should always be carried out methodically and thoroughly. Examining officers should always follow set procedures when examining containers, the method (door check – partial or full unloading) can vary according to the reason for exam. These reasons can be: • Random check: e.g. - statistically selected percentage - local parameters - officers decision •

Special criteria:

e.g. - risk analysis - nature, quantity, origin or value of the goods - country whence consigned - high freight cost, etc

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Previous history:

e.g. - known containers - suspect operations, etc

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Intelligence: authorities,

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information “tip-offs” from other Customs or other national and international agencies.

When a container is first produced for examination the following procedure should be adopted.     

How many people are required? Is a dog available? Is there relevant documentation (Bill of lading, import-export or transit declarations)? Is a specialist required(locksmith, engineer, etc)? What equipment is necessary to carry out the exam (X-ray, probe, etc)?

Once this is established a person should be nominated no minated to complete a notebook. Ideally this is the person who has selected the examination – but that person may not always be available.


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The notebook should contain a complete record of the examination in which the following details should be recorded: -

Date Time Place Persons present (after writing Officers names it may be helpful to show initials in brackets for use in main context) Container number Vessel and date of arrival Description of entered/manifested goods Condition of container, noting visible sings of damage, repair etc. Seal number(s) Every event that happens during the examination.

Officers should be nominated for the operation of equipment, such as X-ray van, camera, bolt-croppers etc. N.B: Goods in containers should normally be removed and be repacked by the appropriate company or wharfinger on behalf of the importer. Only in exceptional circumstances (i.e. for anti-smuggling purposes) and with management approval should this be done by Customs officers.

If nothing is found during the examination, the container should be repacked by the wharfinger and resealed as soon as possible.


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Before commencing work, you should familiarise yourself with Health and Safety guidelines and be aware of the dangers of exposure from contaminants e.g. dust. Your line manager should already have assessed the risk and will advise you on what safety precautions are necessary.

Section II Health & safety Health and Safety is paramount. Officers should be wary of other obstacles in sheds, i.e. tugs, forklifts, etc. Shed floors should be clean and there should be adequate space to store goods removed from containers and for use of X-ray equipment.

Be aware of fumigation stickers and signs of same in container, particularly from Far East- vent container if any doubt.

The appropriate personal equipment, hard hats, gloves, goggles etc, should be at hand and utilised as necessary. When handling goods consideration should always be given to health and safety. Wear protective clothing, particularly gloves.

Section III Examination of containers and their contents EACH EXAMINATION SHOULD BE UNDERTAKEN SYSTEMATICALLY AND THOROUGHLY WITH THE EXPECTATION OF DISCOVERING DRUGS, PROHIBITED OR UNCUSTOMED GOODS AND OTHER IRREGULARITIES. IF THIS PROCEDURE IS NOT FOLLOWED THEN THE WHOLE EXAMINATION COULD BECOME VALUELESS.

For this reason the following method can be used: 

Before the container doors are opened, officers should compare the marks, numbers and seal(s) of the container with the shipping documents. Take these documents with you when controlling the container.


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CHAPTE R 5 - SYSTYEM AND METHOD OF EXAMINATION

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Officers must be vigilant in the initial examination of the door, locking pins and handles in case of signs of tampering. Be sure that the doors can not be opened without damaging or breaking the seal(s).

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Take a Polaroid/video record of the container with seal(s) intact. Polaroids should be dated, initialled and timed.

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If padlocked consider using a locksmith if no key available, although in practice it is possible to force open a padlock.

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Before the container doors are opened a drugs/cigarettes detector dog could be put around the container exterior. Follow the handler’s directions to get the best performance from the dog, as they vary v ary in their method of approach.

Before the container doors are opened a drugs/cigarettes detector dog could be put around the container exterior.


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Section IV Examine of exterior of the container Start with the doors and go right round the container. Look for the following indications: - unusual prefix; - incorrect number and digits; - type of container involved compared to the goods - new paintwork or mastic; - signs of repair; - tampering; - renumbering of the container container (the presence of several several layers of film over a number, are factors which should arouse suspicion); - new plates welded In most cases the owner of the container can be ascertained from the prefix by referring to the container BIC codes. The roof exterior must only be examined using a properly constructed gantry. Also look for regular scorch marks on the exterior paintwork as this is a good indication of interior welding. IN ORDER TO FULFIL ITS ROLE PROPERLY, A CONTAINER MUST BE IN GOOD CONDITION. A CONTAINER IN POOR CONDITION IS NOT NECESSARILY BEING USED FOR FRAUDULENT PURPOSES. IT MAY BE MAKING ITS LAST JOURNEY. HOWEVER, IT MAY ALSO HAVE BEEN PURCHASED CHEAPLY FOR USE IN A FRAUDULENT OPERATION.


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Section V Examine of the goods. After a general examination of the exterior of the container, the seal(s) can be removed from the right hand door. Care should be taken when removing the seal, position and number should be noted. A metal strip or wire type seal must be cut through as near to the locking box or lead plomb as possible, as with care the seal can be rejoined. On no account should either type of seal be ripped off as this may indicate ind icate signs of interference. With expertise it is also possible to refix bolt seals, and to gain access to the container without removing the seal.

Once the seal has been removed: 

Keep the seal together with the connected documents (proof).

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the doors should be opened with caution as the load inside may have shifted and be leaning against a gainst the doors. Consider the use of straps.

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After the doors have been safely opened a photograph/video of the load should be taken to ensure that the goods can be repacked in the same way after examination.

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The presence of unusual odours odou rs (e.g. naphthalene) capable of masking the odour of drugs.

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It is also important to establish the condition of some cargo before examination in case there is a later claim for damages etc.

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Officers should always handle the load carefully to avoid damage. d amage. If at any time damage occurs or is noticed then a photographic record and notebook record should be made and the Dock Company and Shipping Agent notified.


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With the doors open before the load is removed a Health and Safety assessment is required. Checks should be made for any warning notices related to contents. (e.g. dangerous materials, inflammables etc.)

All cargo should be removed from the container where possible. The container should be discharged using appropriate equipment e.g. Sovex, X-ray, forklift, bale-clamp etc. The correct equipment makes your job easier to carry out. Officers should verify if the shipment is economically viable.

Example of a non economically viable shipment: Rotten grapefruits in cartons normally used for textiles can be an indicator that other goods are hidden in the shipment.


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Check the number of cartons/sacs ca rtons/sacs against the manifest or import entry. Packages in excess of declared must be regarded as suspicious.

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Be vigilant for unusual markings, bandings, different colours or numbers of packing patterns etc as these may be indicators that something is concealed within the load. Also be aware of any marked changes in weight of cartons and packages.

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If the shipment consists of canned fruit or cans with a liquid, officers ought to shake them so they can hear the liquid in the cans.

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When the shipment consists of wooden beams or wooden statues, officers should be vigilant for traces of glue on the wood.

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Sacs and barrels can be examined with a probe.

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When strong suspicions arise, officers can use a boring-machine to drill holes in the cargo.

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When sampling, take from different areas of load.

WHEN EXAMINING CONTAINERS AND THEIR CONTENTS: USE YOUR OWN SENSES OF SIGHT, SMELL, TOUCH AND HEARING, THESE ARE INVALUABLE


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PROBE

When strong suspicions exist officers can drill holes in the cargo.

Officers can use a probe for examination of barrels.

Traces of glue on wooden statues can indicate that the statues are hollowed-out.


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Drugs or other goods are often hidden in or amongst the cargo, especially containers holding foodstuffs or dirty cargo which makes examination and the use of drugs detector dogs difficult.

example of a container holding cargo which makes examination and the use of detector dogs difficult.

Remember drugs and other goods can be hidden in any areas where there is space, i.e. louvre doors, hollow items etc. The packing case/material is frequently used for concealing goods. In order to make detections of drugs or other goods in freight it is not enough to accept the item produced for examination by a wharfinger. An extended turnout and examination of the cargo and packing cases is essential. This may entail opening each individual carton or item in a container. If the size is suitable use a mobile X-ray van (when available) on the cargo. ca rgo.

If the size of the packages is suitable a mobile X-ray van can be used. EUROPEAN COMMISSION GOOD PRACTICE GUIDE

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Such concealments as those illustrated in the following photographs have been detected by the careful in-depth examination of the cargo, although the examples show drugs, remember they also readily lend themselves to concealment of cigarettes and other goods. EXAMPLE 1.

External view of a container (a photograph should be taken of the stowage of cargo, this will assist when repackaging the container.

Consignment of sailing dinghies. EUROPEAN COMMISSION GOOD PRACTICE GUIDE

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Outer hull removed to reveal drugs attached to hull bottom.


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EXAMPLE 2.

Example of a bulky consignment making examinations time consuming and difficult.

External view of container. Note it is not on pallets to increase difficulty of its removal from the container and discourage examination.


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Oven dismantled to reveal metal trays inside interlocking spaces.


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Metal trays removed to reveal concealments.


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EXAMPLE 3.

Another example of a bulky and difficult consignment of heavy engineering to examine.

Drum removed from outer casing with assistance of a fork lift.


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Side of drum removed and concealment identified inside.

Amount of cannabis revealed.


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EXAMPLE 4.

A “Cold Find” of compressed herbal cannabis in tins of “Ackees” and emphasises the need for the examining officer to be aware that things are not necessarily always what they seem. Apart from the lack of serial numbers on the dummied tins, there is no difference in size or appearance to the genuine article.

50 cases Village Pride Ackees.


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Example of one case showing contents as 24 x A2 size tins.

Cardboard case opened showing tins of Ackees – two layers of twelve tins.


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Top layer removed showing middle two tins on bottom row without serial numbers on top.

Content of tins – tins without serial numbers contain com pressed herbal cannabis.


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Total number of tins (100) in consignment without serial n umbers.

Section VI Examine of internal side of the container FLOOR:

This can only be properly p roperly examined when the container is empty. Look for: - a raised floor ; - new screws; - new mastic ; - plates welded underneath;


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This example shows a container laid on its side revealing the normal lifting points and crossmembers

Crossmembers removed showing false floor.

When containers are placed on skeletal trailers or maafis it is ideal for examinatin of the container floor.


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Container raised on Fork Lift revealing rev ealing welded plates

BASE OF CONTAINER

WELDED PLATES

If the container is not on a skeletal maafi, the container will have to be lifted for a complete examination. DO NOT GO UNDERNEATH !!!

Not only floors of containers but also floors of crates should be checked because they can have a false bottom to (see photo).


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ROOF AND WALLS:

Any insulating space may be utilised. Look for: - new rivets ; - new screws ; - fresh paint or new mastic;

NEW MASTIC

Plug any holes drilled. From the inside the locking blocks should be visible in the top corners

BULKHEAD

BULKHEADS:

Measure and compare the exterior and interior lengths. From the inside the locking blocks should be visible in the top corners. The absence of these may indicate a false bulkhead. Count the number of ribs from inand outside starting from the ventilation rosters.

From the inside the locking blocks should be visible in the top corners


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The absence of the locking blocks may indicate a false bulkhead.

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REFRIGERATED CONTAINERS AND REFRIGERATED UNITS:

The panels on the outside of a refrigerated container, which give access to the refrigerated unit should be removed to see that no n o goods are hidden inside the unit. ENSURE THE UNIT HAS BEEN SWITCHED OFF, BEFORE MAKING ANY EXAMINATION

Panels on the outside of refrigeration unit removed. Packages of cocaine revealed.

Also both sets of the top panel pane l of the refrigerated unit, on the internal side of the container, can be unscrewed to have h ave access to the refrigeration unit

Upper set of the top panel of the refrigerated unit on the internal side removed. Packages of cocaine revealed.


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Access to refrigerated unit on the internal side of the container. Packages of cocaine revealed.

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Be vigilant for the two columns beside the refrigeration unit on the inside of the container. The hollowed-out columns are a part of the normal construction of some refrigerated containers. In the columns packages cocaine have been found in the past.

View of the two columns beside the refrigeration unit on the internal side o f the container.

Check the outside of the container for condensation, indicating the absence of insulation. If a thermal imager is available then check the exterior for “cold spots” and the interior for “hot spots”. The gamma ray searcher unit is another very useful tool for examining containers of this type. Repairs patches to the roof and walls which may look new, can be checked by drilling out the pop rivets and cutting the mastic away to release the repair plate. Once removed, the insulation should be checked for possible concealed goods, by using a metal rod or wire to probe the insulation. The plate should be replaced by using mastic and pop p op rivets. Drillings of the floor, walls and roof linings should be carefully plugged afterwards, to prevent water seeping into the insulation. Care must also be taken with the sensitive evaporator coil, motor, etc, they are easily damaged and expensive to repair. EUROPEAN COMMISSION GOOD PRACTICE GUIDE

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TANK CONTAINERS: 

Check the tubes of chassis of the tank container to be sure that they are not hollowed-out. Tubes of chassis

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Look for new rivets in the cover-plates of the side wall and the two tops of the tank because the insulation can be removed and packages can be hidden in the empty space between the wall of the tank and the cover-plates.

Look for new rivets in the cover-plates.

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Try to gauge the inner-side of the tank container. If there is strong suspicion of false walls, the liquid in the tank container should be removed into another tank container. After cleaning of the tank container an examination of the inside of the tank is possible.

Try to gauge the inner-side of the tank.


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Section VII Action if irregularities are detected. THE AIM: To apprehend and successfully prosecute all offenders concerned in the illegal importation.

On making a detection of drugs/prohibited or uncustomed goods as a result of a container examination, the following action should be taken: 

Stop the examination immediately. The examining officer should notify the agency responsible for investigation immediately of the findings in line with local instructions. The officer should then wait to receive further instructions.

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The examining officer will still play an important part in the investigation in the following area. • Evidence: The investigators will probably require photographic evidence of the method of concealment. It is therefore crucial that examining officers do not tamper with the consignment without specific instructions from the agency. On discovery of a suspect drug concealment only a small sample of the substance should be removed for field testing. At this stage items should be handled by one person only wearing gloves as there may be a need for fingerprinting. The detecting officer and possibly other examining officers will be required to make witness statements. It is therefore essential that the notebook is maintained at the time of the examination so that the best evidence can be presented at any subsequent proceedings.

•

Removal/substitution of drugs: At some stage the investigators will probably instruct the examination officers to remove the drugs from the concealment. This is to be done with great care following national guidelines. It may be considered necessary to the investigation to “dummy up” the drugs with substitute material and packaging to resemble the drugs. It is wise to ensure that suitable materials are always available (bricks, wood, sand, plaster etc). EUROPEAN COMMISSION GOOD PRACTICE GUIDE

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TRANSPORTATION TO SECURE STORAGE

As soon as possible the drugs should be transported to the storage warehouse. It is recommended that the detecting d etecting officer (who will be exhibiting the goods in his witness statement) should accompany them in order to maintain the chain of evidence. SECURITY OF THE OPERATION

In view of the highly sensitive nature of operations it is imperative that any detection made is not discussed other than with those persons directly involved in the case. The examining officer should ensure that suitable arrangements are made for the security of goods and evidence pending pen ding the arrival of investigation staff. It is vital that only those who need to know are informed of the find. REMEMBER SOMEONE MAY BE WATCHING YOU.

IN CASES WHERE THE CONTAINER HAS BEEN APPROVED FOR TRANSPORT UNDER CUSTOMS SEAL, CARE MUST BE TAKEN TO AVOID BREACHING THE STANDARDS OF THAT APPROVAL, WHEN DRILLING OR OTHERWISE PHYSICALLY ALTERING THE STRUCTURE OF THE CONTAINER; IF SUCH A CONTAINER IS FOUND TO BE “INNOCENT” ANY REPAIR WHICH IS NECESSARY MUST BE MADE IN ACCORDANCE WITH THE CONTAINER CONVENTION RULES.


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Good Practice Guide Ch 5 System and Method of Examination

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