Raphael John-Lall
(with reporting by Mark Bassant and Rhondor Dowlat)
The illegal flow of guns that has fuelled bold gangland murders and other killings in recent months is being facilitated to a large extent by complicit customs officers and those in law enforcement. Ironically, some of these officers, tasked with preventing contraband from entering the country, are instead turning a blind eye after allegedly accepting bribes, allowing the free flow of the weapons into the hands of emboldened criminals on the streets.
Customs officers revealed the illegal operations being carried out by some of their colleagues, while Acting Commissioner of Police McDonald Jacob noted that the majority of illegal guns flowing into T&T are not just coming through the porous borders, but right under the eyes of Customs and Excise at the legal ports.
The Customs and Excise Division, which falls under the Ministry of Finance, has come under the microscope as a major player in the illegal gun trade.
While 7,000 illegal guns were seized from criminals and destroyed at the T&T Police Service (TTPS) Academy in September, thousands more have made their way into the country and continue to flood the streets. While Minister of National Security Fitzgerald Hinds estimated in July that there are at least 12,000 illegal firearms on the streets, Independent Senator Paul Richards speaking in the Senate in 2019 said a "credible" study done by the University of Sydney had found that there were more than 32,000 illegal guns on the streets in T&T.
The true figure is unknown as thousands of guns continue to come in unhindered, leaving citizens, from young to old, as sitting ducks.
Hinds further estimated, according to recent statistics from the TTPS, that 87 per cent of murders in T&T are firearm related. The majority of the 519 homicides reported so far this year by police have been gun-related, and high-powered weapons have become the norm in several recent execution-style killings. The ease of access to these high-powered weapons has caused serious concern for the police, the Government, and citizens alike.
Diverse sectors–from the police, criminologists and security experts to the business sector–are requesting that the activities of the Customs and Excise Division be monitored closely.
The Trinidad and Tobago Manufacturers’ Association (TTMA) in a media release in July called for the Customs and Excise Division to work together with other agencies to decrease the number of firearms on the streets.
A few months later, in September, Jacob recommended yearly polygraph testing (lie detector testing) for those who work in Customs and Excise and constant vetting of these people as well as those who work in intelligence.
Criminologist Daurius Figueira in an interview with the Sunday Guardian last week called for an immediate investigation into the operations at Customs and Excise to stem the flow of illegal weapons into T&T, while Strategic Security Consultant Garvin Heerah also hinted that the Division needs to be shaken up as the "bad apples" must be weeded out.
On Friday night, president of the Chaguanas Chamber of Industry and Commerce Richie Sookhai said there was an urgent need to place port security under the Ministry of National Security to weed out corruption and prevent illegal guns from entering the legal ports of entry.
He said that customs officers have a mammoth role to play in curbing the importation of illegal contraband into T&T.
Hinds, speaking to the Sunday Guardian yesterday, said that the Government wants to introduce legislation that would ensure mandatory polygraph tests and "integrity testing" not only for employees of the Customs and Excise Division but other branches of the public service and law enforcement. He said that he had
When he was a minister in the Ministry of the Attorney General, he drafted a bill for polygraphing and the use of other modern techniques for integrity testing. (see Box)
Facilitating the trade
Several customs officials, speaking on the condition of anonymity with the Sunday Guardian, admitted that not only are their colleagues involved in corrupt activities at the ports and airports, but that other law enforcement personnel are helping to facilitate the trade. In some cases, police officers transport the weapons in marked police vehicles to drop them off to underworld bosses and their foot soldiers.
One senior customs officer said that employees are engaged in illegal activities.
"There are certainly people in the system doing illegal things. There was a lady customs officer recently who allegedly examined a barrel in Central and said there was nothing and let it go. Incidentally, that barrel had firearms and ammunition. Then there were two other barrels that she cleared that police had under surveillance and after that, she was supposedly transferred from there."
Another customs officer spoke about the disturbing trends at the Division.
"That situation with the female customs officer is really disturbing. There are certainly no proper checks and balances in place. From what we heard in this particular instance, the police later went to the customs officer's home after she allegedly left the country without seeking the proper permission.
"We have to always inform the relevant authorities before we leave the country. But the striking thing about this situation is that after she was transferred and put on desk duty they later put her back to work at another bond. This is even after they found a text message on her phone in which police claim there was the communication of a $20,000 payment for allowing one of the barrels with arms and ammunition to get by.
"This is why the problem continues to persist and all customs officers get a bad name! All non-trade and non-commercial should be examined and checked but that is not always done in some cases and this allows for things to get through.
"There are several customs and police officers under surveillance. A lot of this needs to be looked into. At Piarco and Point Lisas, there are some customs officers that need to be looked at while in Port-of-Spain the port workers seem to have some hand in illicit activities."
Another senior customs officer explained how corrupt officers are using the system for illegal activities.
"There are several ways that these corrupt customs officers help to facilitate this illegal trade and some of them are being protected. Firstly, there is a physical presence when they are informed of particular cargo coming in. They are on-site and in some cases clear the cargo which has contraband like guns and drugs and turn a blind eye and let it go. There is also the delaying of documents and copying of documents from the original and changing the information on them.
"It's a big money business for them. There are cases where they will change the Bill of Lading and the actual manifest itself. Although they are unable to change what the Asycuda system has it would go as the intended item logged but the changes were made to the actual document unknown to many. For example, if the Bill of Lading says a roll of toilet paper they will change it to say a napkin but in essence, the Asycuda system logs it as a roll of toilet paper."
What needs to be done?
A senior customs officer recommended ways in which the system could be improved.
"There are certainly stringent measures that need to be put in place to ensure that this corrupt activity by my very own and other law enforcement arms are put to a stop. I know that at the Port-of-Spain Port around 2019 there were port workers marking barrels with white chalk ‘ex’, meaning examined. This was in many cases barrels that contained contraband that they would be informed about and when it left the port the officials were under the impression that Customs had marked it ‘ex’.
"So what I understand is that we started to use different coloured chalk on any given day and we would also ensure the customs officers' initial of their first name and their last name is placed on the barrel to ensure that it can be legitimately identified as examined. "Most of the bonds where these weapons come in do not have a scanner, only shed ten has one in Port-of-Spain and I can tell you that scanner is not working. Added to that, one of the particular bonds is private and we do not have control over that bond's opening and closing hours. Meaning things can come in and go even when customs officers are not there."
The bond warehouse this customs officer is referring to is the Central bond where police have made at least three major finds of guns and ammunition in the last eight months.
Meanwhile, criminologist Figueira believes that tighter controls at the Customs and Excise Division are required if the proliferation of guns on our shores is to be reduced.
He said the division and its officers need to be put under the microscope to weed out the corruption with a stringent system of oversight, frequent lie detector tests to determine the integrity of workers, training others in smuggling and transnational organised crime, and "weaponizing" the Division by going on an aggressive recruitment exercise and doubling the complement of staff. He also called for configuring the ports for surveillance by installing state-of-the-art equipment.
Figueira said, "A multi-pronged intervention into Customs and Excise and all legal ports of T&T must be launched immediately to stem the flow of smuggled weapons, induce shortages of supply and escalate the cost of acquisition of illicit weapons.
"Customs and Excise Division has to be weaponized to lead from in front: recruitment, training, creation of an oversight authority to ensure the integrity of its employees, a review of its operational procedures, structure, and management, and its compensation package in light of it being an organisation forever in the sights of transnational organised crime.
"This is transnational organised crime in operation with the state agency charged with interdicting the entry of all illicit and smuggled goods into T&T. Customs and Excise in its present operational condition, being not fit for purpose, incapable of engaging with transnational organised crime by effectively squeezing the flow into the legal ports and forcing them to seek out other means to smuggle their weapons into T&T," Figueira said
"As it is now, the ports of T&T are a safe zone for transnational organised crime. The effectiveness of Customs and Excise will be reflected in an unbroken rise in the price for weapons, ammunition, etc where demand outstrips supply on the market.
"The reality today is a perverse opposite where," he said, and the nation pays the cost in blood.
Meanwhile, Heerah recommended that a Firearms Interdiction Unit be formed with a focused, robust, zero-tolerance approach to eradicating the illegal gun trade in T&T and breaking the back of the international links.
Heerah said the "bad apples" allowing these firearms to enter T&T's borders need to be weeded out of the system.
"Inadequately managed borders include legal ports where the bad apples of the law enforcement and other responsible authorities allow guns, ammunition and all things illegal to come into T&T."
He said it was critical to "place technology that can monitor the movement and management at the ports of entries, and allow for accountability from the persons who are assigned to safeguard the citizenry."
Heerah said that the authorities need to get to the root of the problem and look at some of the social factors that underpin gun violence.
"Easy access to illegal guns by high-risk and vulnerable persons exacerbates already existing social and economic inequalities and further perpetuates gun violence," he said
Exposure to gun violence leads to post-traumatic stress disorder, depression, and an increased likelihood of engaging in violence, Heerah said. "There is also a lack of essential support for vital mental health services for those exposed to gun violence," he added.
CoP: AR-15s cost $40,000-$45,000
Meanwhile, the business of trafficking illegal guns into the country remains an extensive and lucrative trade for the criminal underworld.
Jacob only recently revealed that purchasing an AK-47 or an AR-15 can cost between $40,000 to $45,000 (TT) while a revolver costs $12,000. Underworld sources, speaking on the condition of anonymity, quoted similar figures. While weapons are also rented to others, sources revealed that in many cases criminals are given a new weapon in exchange for taking a life.
AR-15 rifles have figured prominently in several drive-by shootings, murders, and other crimes by underworld elements and have usurped the Russian-made AK-47 style rifles as the weapon of choice.
Authorities have seized several large caches of ammunition for the year so far. Police seized 16 high-powered rifles, five pistols, several thousand rounds of ammunition, and $2.6M worth of marijuana at a bond in central Trinidad in October.
Earlier in the year on March 8, 2022, police recovered and seized a cache of guns and ammunition in the same warehouse and in late April, the same warehouse was again busted when officers of the Special Investigations Unit (SIU) discovered firearms, ammunition, and cigarettes hidden in a washing machine and dryer at the bond.
On March 17, 2022, police officers also made another seizure of four assault rifles and a large quantity of ammunition this time at a warehouse at the PLIPDECO Industrial Estate, in Point Lisas.
Pipeline for the guns to come into T&T
Figueira pointed out that the major pipeline for these illegal firearms easily entering the country from the United States is through the legal ports of entry in Port-of-Spain and Point Lisas as well as the Piarco airport in some cases.
"There is now in T&T a return to the weapons market of the USA to source supply especially AR-15 assault rifle at much lower prices than that set by the traditional Colombian gun suppliers.
"The gun smuggling pipelines from the USA to T&T would source their supply in the states of Florida, Georgia, and Texas and will be shipped to our legal ports from these states or other US states. There is also the pipeline from Puerto Rico, the US Virgin Islands, and the Dominican Republic."
Figueira attributed the increase in the supply of illegal firearms on T&T streets to its cheap cost, with the AR-15 assault rifle as the most popular weapon.
"The nature of gun violence in this period has evolved rapidly for two main reasons: the volume of illicit guns available at affordable prices on the illicit market and the ever-expanding range of types of weapons available summed up in the rapid rise of the AR-15 assault rifle as the weapon of choice."
He also said the source for firearms entering the country has moved from Colombia in South America to Miami in North America. However, he added that the illicit drug trafficking pipeline from Florida that existed since the July 27, 1990 coup had not been plugged by the authorities and is back in operation. He said the system had been left to collapse by the politicians and Customs.
Florida, he said, is a haven due to its lax gun laws, close proximity, and huge T&T population living there, many of whom are willing to get into the illegal trade.
Legal Vs illegal firearms
SASMAN Sales LLC, a US-based company that assists local firearms dealers with obtaining weapons from the US also alluded to potential corruption at Customs and Excise in a blog they published online entitled, "Firearm component parts–What Trinidad Customs, Law Enforcement & Judiciary Need to Know."
The company indicated that even getting legitimate firearms into the country poses potential corruption, "Artificial shortage is the practice of making a process near impossible then soliciting bribes to grease the wheels to get the process to function for a fee.
"When there is efficiency, transparency, and certainty of process, the artificial shortage cannot be used as a tool of corruption."
According to the blog, a lot of effort is being expended on questioning about firearms issued to law-abiding citizens and restricting law-abiding citizens' ownership of firearms. Unreasonable negative pressure is also being applied to the legal importation of parts and accessories, they felt.
"The firearms used for murders, gangland shooting sprees, violent robberies, and assassinations are all illegal weapons yet we’re not seeing the same emphasis on illegal firearms as we're seeing with those who went through the rigorous FUL process. Meanwhile, illegal AR15-styled machine guns and handguns modified for fully automatic operation are flooding the street and are just as easy to obtain as 'a box of dead' (KFC or Royal Castle chicken)."
On March 20, 2016, gun dealers in T&T called on then minister of national security Edmund Dillon to investigate what they described as a serious national security breach when firearms that are imported into the country are left overnight in the Customs and Excise Division bonds allegedly unattended and unsecured.
There were also concerns about the Division's then-new Asycuda system, which only allows documents to be filed when the vessel carrying arms and ammunition arrives in the country.
Customs and Excise functions
According to the Customs and Excise and Division website, it is a part of the Ministry of Finance and its duty is to protect the nation’s borders, society, and environment, combat smuggling and enforce health, standards, and environmental policy and laws.
The division is expected to implement national, regional, and international policies, the aim of which is to raise revenue and combat any associated fraud. The division is also responsible for the correct application of trade policy. It applies and monitors compliance with trade-related rules and agreements to facilitate legitimate trade.
The Customs and Excise Division is also required to required by law to provide this information to the CSO (Central Statistical Office) for compilation, analysis, and publication of trade data.
What did the Ag comptroller say?
Earlier this year Acting Comptroller at Customs and Excise Division Vidya Marcial admitted to the Sunday Guardian in an exclusive interview that there were several shortcomings at the division which included problems with non-functional scanners, understaffing, and other issues of concern. She did not answer calls to her phone last week.
In fact, Figueira said that in 2010 when the People's Partnership government entered office, "Customs was already dead; the staff level was low, vacancies were not being filled, and there was no opportunity for promotion." The situation has worsened, he added.
BOX
CAPA statistics
According to the CAPA (Crime and Problem Analysis), the number of firearms found and seized from 2017 to 2021 is 4,376.
2021- 681
2020-755
2019-888
2018-988
2017-1,064
BOX at centre of story
Hinds: Govt wants mandatory polygraph tests for Customs and others
National Security Minister Fitzgerald Hinds says that the Government wants to introduce legislation that would ensure mandatory polygraph tests and "integrity testing" not only for employees of the Customs and ExciseDivision but other branches of the public service and law enforcement.
When he was a minister in the Ministry of the Attorney General, he said he "took the responsibility on the basis of the Government’s policy which was prepared and accepted by the Cabinet" to draft a bill for polygraphing and the use of other modern techniques for integrity testing. That bill was approved by the Cabinet in the Parliament in the last session, he said. "We did not get the impression that we would have gotten the support of the other side. We consider that bill would permit mandatory and more regular testing for the integrity of not only Customs and Immigration but the Police Service, Defence Force, and elements of the Inland Revenue. They have the potential if they lack the integrity to create serious mayhem for the State, especially in our determined effort to protect the people of T&T.”
Hinds said that they intend to reintroduce this piece of legislation for Parliament’s consideration depending on the legislative agenda.
On whether the Customs and Excise Division should be under the Ministry of National Security, Hinds said that has been suggested in the past, but the functions of that division are technical and are of a financial nature which is why it is under the Ministry of Finance.
"These are very specialist types of operations. We accept that it has implications for national security as part of National Security’s border management and control operations and systems. We have platforms in national security that involve Customs and Excise so that collaboration is quite possible. The bigger question of if it should fall under the Ministry of National Security or stay where it is is not something I have given any serious thought to. But we do have mechanisms for collaboration on a regular basis."
Asked if there should be a full-scale investigation into the allegations that some Customs and Excise Division employees are assisting in bringing in illegal firearms he said the passage of integrity legislation will solve those problems.
"While I cannot say that with a degree of certainty, what I do know is that we have human beings in all organisations within the focus of the bill and human beings are capable of many things and the records will show that employees of all those organisations over the years have been found to be complicit in activities that are threatening to national security, and we have taken the view that we should get Parliament’s approval to test the integrity of all these agencies."
Concerning the need for more modern equipment at the port like scanners, he said the Government will continue to ensure not only Customs but all state bodies are fully equipped.