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Inside Cuban airports: Legal questions

SPECIAL8 GRANMA INTERNATIONALJUNE.16.2017 |

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Katheryn FelipePhotos: Ismael Batista

• ACCORDING to official datafrom authorities at Havana'sJosé Martí International Airport,in 2016, 91% of the 2,444,501passengers who arrived in Cubathrough its air terminals did notdeclare any items on their cus-toms forms and passed throughwhat is known as the "greenlane."

Let us recall that Havana isamong the most popular desti-nations in the Caribbean andthe main entrance point to thecountry, with 47% of all visitorsto the island arriving at the city'sairport. In 2015, a total of morethan 1,680,000 passed throughits gates, coming mainly fromthe United States, France, Italy,Mexico, Spain, Britain, andGermany. This figure increasedby almost a million

from one year to the next.In an in-depth interview with

Granma International, the headof Legal Affairs at the José

Martí International Airport,Maydel Tarré Cala, noted thatalthough use of the green laneincreased last year, up from87% in 2015, it is a priority tofurther increase this figure, "to facilitate the movement ofpassengers through customs,conducting the required checksand clearance. This demandsgreater professionalism, andlegal awareness as we delivercustoms services, and that thepopulation understands estab-lished regulations better."

The specialist explained thatthe increasing numbers of pas-sengers arriving to the countryhas meant a higher level of activity for customs authoritiesat airports. Specifically thispast year, 21,371 primary pro-cedures were conducted, 2,700more than in 2015.

It should be clarified that "pro-cedures" means actions takenby a customs officer regarding aspecific article or piece of mer-chandise, which involves com-pleting documentation, such as

a Retention and NotificationCertificate or, in some cases, a resolution that authorizesconfiscation.

On the other hand, in mostinstances declaring an item atcustoms does not imply that itwill be held or confiscated. Thisonly happens when a regulationhas been violated or when aspecific requirement must bemet before the item is clearedand released.

All items retained are safe-guarded and passengers are in-formed of their right to file alegal claim or complaint. As thenumber of these procedureshas increased, the number ofclaims has as well, although in2016 there were only 19 moreappeals (487) than in 2015(468).

Tarré reported that, over thelast two years, most of thesecases have involved Cubans living in the country or abroad.

Of the total number of claims,89 were declared valid, accord-ing to the attorney. These

Niusha Suárez, the team's most experienced lawyer, enjoys participating in thetraining of customs officers.

Inside Cuban airports: Legal questions

A small portion of travelers who arrive at the airport carry items which must be declared to customs, themajority being Cubans who live on the island or abroad.

Maydel Tarré Cala, head of the Legal Affairs Department at José MartíInternational Airport commented that although use of the green laneincreased last year, up from 87% in 2015, it is a priority to furtherincrease this figure.

Of the 2,444,501 passengers who entered Cuba via Havana's airport, 91% did not declare anyitems on customs forms and passed through the "green lane."

Among thelegal team'stasks at theairport are

inspectionsof areas

within theterminals

whereCustoms

operates.

Increasing numbers of passengers arriving to the country has meant a higher level of activity for customs authorities at airports

SPECIAL 9GRANMA INTERNATIONALJUNE.16.2017 |

cases, she explained, mostly in-volved passenger requests tore-route the item or transfer it toanother traveling relative, orsome documentation that thepassenger did not have on theday of arrival.

"Although we are conscientiousabout following pre-establishedregulations, which at times dic-tate confiscation, there are sit-uations that, exceptionally andwith much humanity, we investi-gate more deeply. For example,when they involve underage orsick persons," said the legal expert, who is responsible forreviewing the internal data fromeach terminal.

Just as she explained, infrac-tions occur when a relevantlegal stipulation is violated orabridged, and customs, in theexercise of its responsibilities,must enforce the law, whichmay mean an administrativeconfiscation of the item.

Normally, confiscations are re-lated to the possession of arti-cles which cannot be imported;prohibited quantities of a singleitem that indicate a commercialuse; or excess baggage, amongother violations.

Despite the fact that the popu-lation often does not fully knowor understand customs regula-tions, professional and cordialtreatment of all travelers is a valued principle, regardless ofcategory, migratory status, orcitizenship.

In the words of Tarré, all pas-sengers are equal, "If a foreignvisitor commits an infraction, action is taken against him."

Tourists are subjected to cus-toms checks when they travel to the country, although they are involved in fewer customs in-cidents and regulatory viola-tions, since most of the time theyare not traveling with much morethan personal items, she noted.

"It is our duty to inform peopleand it is the duty of the user, orthe receiver, to abide by regula-tions. We are state functionaries,invested with an authority thatimplies a great responsibility. Attimes, we are associated morewith the confiscation of passen-gers' miscellaneous items andbelongings, than with the vigil-ance we provide to preventdrugs or a bomb from enteringthe country. Everything we do isto assure citizens' peace ofmind," she added.

***

Only a few know that behindconstant efforts to improve theairport's functioning are sixdynamic attorneys.

Although the practice of inter-national law in many countriesincludes the specialty of cus-toms law, this is not the case inCuba. Nevertheless, the work ofthe General Customs of the Republic (AGR) over the lastseveral years has led to broaderawareness of the importance ofthis field.

Thus the work carried out bythe women under Tarré Cala'sleadership is truly unique. Theyfunction as the airport's defen-ders, at times advisors, and represent it in the negotiation of economic contracts; in dis-agreements with other institu-

tions; and before the courtswhen needed.

They are also responsible formonitoring the legality of labor-related processes, ranging fromAGR mandates and appoint-ments to promotions and demo-tions.

Tarré, who came to work atJosé Martí International Airportin 2001 after finishing LawSchool at the University of Havana, noted that the subjectof customs is a complicatedone, and that attorneys mustconstantly update their know-ledge regarding both nationaland international topics.

She notes that with greater ac-cess to the internet, they havebeen able to keep up with inter-national agreements, and cus-toms developments around theworld, but adds, "It has beendifficult to simultaneously takeon motherhood and domestictasks along with those inherentin such broad, diverse work,that never ends."

Via the Union of Cuban Jurists,to which all members of thelegal team belong, they provideadvice on the drafting and dis-semination of bulletins andother informative materials; par-ticipate in professional eventsand present classes on customsregulations, technique, andconfronting illicit activity; andtrain customs officials at the air-port in legal affairs.

***

Niusha Suárez Eizméndiz,well known for her solid workand 17 years of experience atthe Havana airport, notes that acustoms lawyer must fully un-derstand a great deal of specificinformation, saying that thework requires "general culture,which allows one to know aboutpatrimony, just as well as tech-nical equipment, psychology, orcomputer science, without for-getting the legal point of view. Itdemands a great deal of docu-mentation to exercise control,and participate in the profes-sional training of Customs' fundamental workforce, officersin marinas, ports, airports, andmail depots."

Suárez notes that everythingCustoms does is legally definedand there is a solid foundationto enforce the law, adding thatwith few resources they are at-tempting to ensure the profes-sional development of all staff.

In this regard, Tarré com-ments, "Likewise, we have notachieved the specialization wewould like among supervisors inthe Customer Service Depart-ment, which includes expertson customs issues. We meetwith them to attend and processall claims and complaints thatemerge from the enforcement ofcustoms regulations, above allthose questions of a purelytechnical-legal nature, such asa declaration of heirs or a notar-ized power of attorney."

Laimy Yi León, another veteranattorney at the airport with a decade of experience, adds thatalso central to the team's work is advising the population andcustoms officials, who must notonly know the law, but be able toexplain it to a passenger clearlyand apply it correctly.

***

Tarré reveals that on the dayof this interview the team wasresponding to complaints,claims, and appeals which hadbeen submitted, challenging ad-ministrative actions such asconfiscations, and fines on indi-viduals and legally recognizedbodies. They will present theirfindings to a Legality Commis-sion, an advisory body headedby the head of Customs at theairport, which evaluates everyclaim and challenge presentedby the population and travelers,as well as the regulations vio-lated, what the plaintiff alleges,and proposed decisions.

The Commission meets on aweekly basis and the rulingagreed upon is communicated inwriting to those involved by theCustomer Service Department.

Among the legal team's veryspecific tasks at the airport areparticipating in prosecutingpassengers who evade pay-ment of customs duties or havean outstanding debt, as well asthe inspections of areas within

the terminals where Customsoperates, such as the Lost andFound, or storage rooms forconfiscated and held items.

On another topic, Tarré notesthat Customs at the airport iscurrently working with a youngstaff, which requires fur thertraining. The AGR has its ownschool, which is constantlyperfecting its teaching methodsand study plans, projecting thatthe basic course for customsofficers be more specialized.

She comments, "The attorneyis essential. There cannot be aChief Customs Officer whodoes not have a strong legaladvisor. These days, we arebeing given a greater leader-ship role and participation inother spheres for which Customs

is responsible, but we continueto aspire to reach higher levels in our legal consultationactivity, especially at a timewhen work is being done on increasing institutionality in the country.

"We have influence in what isadministrative, commercial, andeconomic law in Cuba. We des-erve our own space. Everythingthat makes us more competent,including at the level of inter-national law, is important.

"Our work to be more profes-sional and competent as legalspecialists makes us better public servants, with the pur-pose of ensuring the legality ofall customs procedures andguaranteeing that the popula-tion's rights are respected." •

Laimy Yi León notes that customs agents must know how to deal withpassengers, explain regulations clearly, and apply them correctly.

Customs is conscientiously implementing established regulations, whileconstantly seeking ways to provide a better service.

Customs officers are charged with protecting citizens' peace of mind bycontrolling what enters the country.