CHAPTER 13 MILITARY CUSTOMS ^INSPECTIONS

The Bureau of Customs, in May 1971, established stringent inspection policies and procedures designed to prohibit the introduction of illegal drugs and other contraband into the United States. These procedures were implemented for use in conjunction with the national antidrug campaign.

Much of the initial effort affecting Department of Defense (DOD) personnel had been concentrated only to the inspection of ships, aircraft, mail, cargo, baggage, household effects and to personnel departing from the Southeast Asia area. However, as the illegal drug problem increased to other parts of the world, it became apparent that the inspection procedures then in existence were ineffective. Accordingly, in February 1973, Customs Inspection Regulation DOD 5030.49-R was enacted. It extended the prohibitive restrictions to all ports of entry into the United States regardless of the foreign point of origin of travel. The combined efforts of the Bureau of Customs and DOD set the theme for the formal establishment of the Military Customs Inspection Program.

Master-at-Arms personnel can expect to be assigned customs inspection duties at some time during their career. Therefore, MAs must know and understand their responsibilities and all applicable laws concerning these duties. The MA must also be aware of the differences in the various laws that govern customs inspections specifically, other related inspections, and search procedures. This is extremely important. For example, if illegal drugs were obtained in an illegal search, they would not be admissible as evidence in a court of law. A major difference in the laws is pointed out in the U.S. Court of Military Appeals decision in the case of U.S. v. Rivera, 4 M.J. 215 (CMA 1978) decided 20 Feb 78. Quoted in part:

The U.S. Court of Military Appeals has upheld the validity of random searches of personnel entering American military installations and enclaves from foreign soil so long as the searches are conducted at the entry point and are limited in scope. In the case of United States v. Rivera, 4 M.J. 215 (CMA 1978), the court likened such searches to those conducted at international borders and, as such, not requiring a warrant or probable cause.

Although Rivera dealt with a base in Thailand, it maybe read as applicable to all overseas bases and to ships when outside the United States. The scope of the searches authorized under Rivera is limited to an external search of the suspect and his clothing, the articles carried by him, vehicles and contents of vehicles. Detection dogs may be used to assist in these searches.

If the requirements of Rivera are complied with, contraband seized pursuant to these searches is admissible in subsequent prosecutions.

This expanded search authority should be considered as applicable only to personnel returning from foreign soil and should be conducted immediately upon the individual's return to the base/ship.

Specific forms mentioned but not illustrated in this chapter may be found in DOD regulation 5030.49-R. Forms are obtained through normal publication supply channels in accordance with the Navy Stock List of Publications and Forms, (NAVSUP 2002).

GENERAL PROVISIONS OF MILITARY CUSTOMS INSPECTIONS

LEARNING OBJECTIVES: Identify the regulation that covers the DOD Military Customs Inspection Program, and list the commands and organizations to which it applies. State the policy of the DOD Military Customs Inspection Program and identify the executive agent. Explain the responsibilities of the unified and specified commands.

DOD 5030.49-R establishes policy, prescribes procedures, defines responsibilities, and outlines customs and certain agricultural inspection and entry requirements to eliminate the introduction of narcotics, drugs, and other contraband into the United States through DOD charnels. DOD 5030.49-R is applicable to the Office of the Secretary of Defense, the organization of the Joint Chiefs of Staff, the military departments, the unified and specified commands and DOD components. This regulation also applies to

non-DOD agencies and organizations that use DOD mail and transportation facilities.

POLICY

It is the policy of the DOD to l eliminate the flow of narcotics, drugs, and other

contraband into the United States through all DOD channels, including the Defense Transportation System and Military Postal Service channels; l prevent the illegal entry of aliens into the United

States via DOD-sponsored or -directed travel; . cooperate fully with, and assist all other

Government agencies in enforcing the laws and regulations of the United States concerning Customs, Agricultural, and Immigration border clearances; and l minimize inconvenience to DOD personnel and

delays in the movement of DOD cargo and mail caused by the enforcement of U.S. border clearance regulations.

MILITARY CUSTOMS INSPECTION PROGRAM

The Department of the Army is assigned executive agent responsibility for customs inspection activities in DOD.

The commanders of unified and specified commands are responsible for designating, in writing, military customs inspectors (MCIs) and ensuring that such personnel are properly trained and of unquestionable character. These commanders are also responsible for establishing quality control procedures to ensure the effectiveness of the DOD Military Customs Inspection Program, including appropriate action when military customs personnel fail to perform their assigned duties.

RESPONSIBILITIES OF THE MILITARY CUSTOMS INSPECTOR

LEARNING OBJECTIVES: Identify who may serve as military customs inspectors. Explain the procedures for passengers and accompanied baggage, unit moves, DOD-sponsored cargo, official and personal mail, ships and aircraft, personal property, and firearms and ammunition.

Military customs inspectors may be commissioned officers, warrant officers, enlisted personnel with the

rank of E-4 or above, enlisted security or military police personnel, regardless of who who have satisfactorily completed a U.S. Customs-approved training course and work under direct supervision of a noncommissioned officer, and Department of Defense civilian employees who are citizens of the United States with GS-5 or above grade.

A waiver may be granted for appointment of enlisted personnel below the grade of E5 by the unified or specified commander.

MCIs do NOT-under any circumstances-collector accept cash duty payments. They are responsible for l performing their duties under DOD 5030.49-R

and other implementing regulations; l representing their commanders in conducting

inspections/examinations, and ensuring that the documentation for which they are responsible accompanies all shipments; and l ensuring that violations not within their scope of

responsibilities under DOD 5030.49-R are expeditiously reported to USCS, USDA, or INS, as appropriate, as well as to the appropriate military agency for disposition.

PASSENGERS AND ACCOMPANIED BAGGAGE

All passengers, crewmembers, accompanied baggage, and equipment boarding any DOD-sponsored ship or aircraft departing an overseas area for the Customs territory of the United States (CTUS) must be inspected or examined prior to departure. The MCI should accomplish this inspection or examination immediately before departure of the ship or aircraft. However, since military aircraft embarked on a naval vessel normally fly to military air stations in the CTUS in advance of the ship's arrival, they require the special notification and coordination procedures as specified in applicable service regulations.

The purpose of this inspection or examination is to detect articles that are prohibited entry into the CTUS or that are admissible only under certain conditions. An effective overseas inspection or examination will expedite clearance by U.S. border clearance officials at the CTUS port of entry.

MCIs should inspect or examine aeromedical evacuation crews, attendants, and patients in such a manner as to expedite patient movement. However, expeditious inspection or examination by the MCI does

not preclude taking the steps necessary to detect prohibited articles prior to departure.

Predeparture Inspection/Examination Procedures

Inspections should be conducted to preclude the entry of prohibited and restricted articles, with particular attention to drugs and narcotics, firearms, and plant and animal products, and undeclared dutiable articles.

An inspection is defined as the detailed observation of personal property, and DOD cargo or other equipment, noting their markings and outer physical characteristics. Inspection of personnel involves observation and/or oral questioning to determine the potential for customs violations.

An examination is defined as the process of scrutinizing personal property, and DOD cargo or other equipment, which includes the physical opening of baggage, parcels, cartons, and containers, the disassembly of articles, as required, and ascertaining their contents. Once the property, cargo, or equipment is opened, the depth or degree of examination is left to the discretion or judgment of the MCI. Examination of personnel involves the physical search for contraband.

Before the inspection or examination begins, MCIs should make sure that all passengers and crewmembers are briefed or provided information on their responsibilities. They should also be provided clarifying explanations of exemptions, restrictions, and prohibitions indicated on the custom declaration form, U.S. Customs Accompanied Baggage Declaration, DD Form 1854. See figure 13-1.

Passengers should be given ample opportunity to declare or dispose of all dutiable, prohibited, and restricted articles in their baggage or immediate physical possession. An amnesty box is made available to all passengers and crewmembers for deposit of prohibited or nonadmissible articles prior to inspection or examination. The amnesty box should not be located in a place that is visible to inspecting officials.

All passengers and crewmembers and their accompanied baggage and/or professional equipment bound for the CTUS must undergo a predeparture customs inspection; an examination is usually not required. The degree to which passengers and crewmembers and their accompanied baggage/ professional equipment are to be inspected or examined is to be left to the discretion of oversea commanders and military customs officials. Examination of personnel is undertaken only when there is probable cause that contraband may be concealed on the suspect's person and with specific approval of the senior MCI present at the inspection activity.

In all cases where an examination is conducted the dignity and privacy of the individual should be preserved (a curtained booth or closed room may be used). No force should be applied and no harsh language should be used. In the case of persistent refusal by a military member to being examined the assistance of law enforcement personnel must be obtained before proceeding with the examination.

Inspection or examination of civilians is not conducted over their objection. Should these personnel refuse to submit to an inspection or examination, they are denied access to the DOD-controlled ship or aircraft. They are provided transportation by other practicable means under the provisions of appropriate directives, and U.S. Customs representatives at the first port of entry are notified.

All accompanied baggage is inspected or examined in the passenger's or crewmember's presence. Such baggage is made available for inspection or examination by each passenger or crewmember-with the exception of patients, whose baggage is made available by the medical attendant. Once the baggage has been inspected or examined, it will be kept isolated in a sterile area until departure. Normally passengers and crews are not allowed access to their baggage once it has been inspected or examined by the MCIs. In an emergency, the passengers may regain access to their baggage, but it must then be re-inspected or re-examined completely.

If, while inspecting or examining a passenger or the passenger's baggage, an MCI suspects that a customs violation has occurred, the MCI should call for the assistance of appropriate military enforcement officials. These officials will accept responsibility for the individual and any contraband, and will advise the individual regarding their rights prior to further questioning.

Customs Declaration Procedures

All personnel, including military crewmembers, with accompanied baggage must complete US Customs Accompanied Baggage Declaration, DD Form 1854 (fig. 13-1), upon inspection or examination. Civilian crewmembers must complete Customs Form 5129.

All patients aboard aeromedical evacuation flights must also prepare a DD Form 1854. Patients who are

Figure 13-1.-US Customs Accompanied Baggage Declaration, DD Form 1854. 13-4

physically unable will have the form prepared for them by the medical attendant.

Duty-free Entry Limitations

Military and civilian employees of the U.S. Government and their accompanying dependents returning to the CTUS on PCS orders are authorized duty-free entry into the CTUS of all personal and household effects. However, the effects must have been in their direct personal possession while overseas subject to the limitations outlined in DOD 5030.49-R.

An individual on leave or TDY returning to the CTUS for a short visit or limited assignment from an overseas extended duty station may enter as a "nonresident." As such, the individual may import free of duty, personal effects for one's own use while traveling (for example, wearing apparel, toilet articles), and not intended for sale, or gift , and other items as listed in DOD 5030.49-R.

An individual on leave or TDY who is returning to the CTUS but not from an overseas extended duty station may also enter as a "returning resident."

An individual entering the CTUS as a "returning resident" may import duty-free personal and household use articles, provided that the total value of all such articles does not exceed those limits outlined in DOD 5030.49-R.

Each passenger and crewmember must list on his or her declaration the price actually paid for dutiable articles acquired overseas or the estimated fair retail value of the articles acquired as gifts.

All articles imported in the CTUS are subject to customs duty unless specifically exempted by tariff laws. There is no provision under U.S. law for the collection of duties or taxes until the merchandise has been imported. Accordingly, MCIs will not assess or collect duties or taxes. If duties are due, a U.S. Customs officer will compute the amount of duty to be paid from the customs declaration when the passenger or crewmember arrives at the U.S. port of entry.

Immediately prior to baggage inspection or examination, the declaration of each passenger and crewmember must be checked for completeness. MCIs will assist passengers by clarifying the reverse side of the declaration when necessary.

Upon completion of the baggage inspection or examination, the MCI will stamp the face of the DD Form 1854 with the Customs Inspector stamp under the last item listed or at the top line if no items are listed.

The signature of the MCI will then be affixed to the form and the form returned to the individual for presentation to the U.S. Customs Service official at the U.S. port of entry.

When an undeclared restricted article is found in a member's accompanied baggage or professional equipment and is not removed, the MCI draws a diagonal red line across the face of the DD Form 1854 to call its attention to U.S. Customs or U.S. Department of Agriculture officials at the port of entry in the U.S. The MCI advises the member that the DD 1854 has been redlined and the reason therefor.

Personnel who have completed customs processing are required to proceed directly to the sterile area without delay.