Identifier
Created
Classification
Origin
07DUBAI155
2007-03-05 11:02:00
CONFIDENTIAL
Consulate Dubai
Cable title:  

FUJAIRAH CUSTOMS: BUDGET, TRAINING AND LEADERSHIP PROBLEMS

Tags:  PGOV PREL ETRD ECON KCOR AE 
pdf how-to read a cable
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R 051102Z MAR 07
FM AMCONSUL DUBAI
TO RUEHC/SECSTATE WASHDC 5190
INFO RUEHAD/AMEMBASSY ABU DHABI 2211
RUEHZM/GULF COOPERATION COUNCIL COLLECTIVE
RUEAIIA/CIA WASHINGTON DC
RHEFDIA/DIA WASHINGTON DC
RUEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RHBVAKS/COMFIFTHFLT
RUEHDE/AMCONSUL DUBAI 8270
C O N F I D E N T I A L SECTION 01 OF 02 DUBAI 000155 

SIPDIS

SIPDIS

E.O. 12958: DECL: 2/8/2017
TAGS: PGOV PREL ETRD ECON KCOR AE
SUBJECT: FUJAIRAH CUSTOMS: BUDGET, TRAINING AND LEADERSHIP PROBLEMS
UNDERMINE EFFECTIVNESS

REF: 06 DUBAI 6928

DUBAI 00000155 001.2 OF 002


CLASSIFIED BY: Paul R Sutphin, Consul General, Dubai, UAE.
REASON: 1.4 (b),(d)


C O N F I D E N T I A L SECTION 01 OF 02 DUBAI 000155

SIPDIS

SIPDIS

E.O. 12958: DECL: 2/8/2017
TAGS: PGOV PREL ETRD ECON KCOR AE
SUBJECT: FUJAIRAH CUSTOMS: BUDGET, TRAINING AND LEADERSHIP PROBLEMS
UNDERMINE EFFECTIVNESS

REF: 06 DUBAI 6928

DUBAI 00000155 001.2 OF 002


CLASSIFIED BY: Paul R Sutphin, Consul General, Dubai, UAE.
REASON: 1.4 (b),(d)



1.(C) Summary: On February 6, PolEconoffs met with Rashid
Mohammed Saif Hamad, Director General of the Customs Department
for the Emirate of Fujairah. Hamad discussed his department's
operations, personnel, and budget issues, but showed significant
gaps in his knowledge of his own organization. For example,
Hamad's discussion of his actions regarding a recent
Intellectual Property Rights (IPR) case concerning Phillip
Morris demonstrated his lack of understanding of key issues and
procedures. Hamad said that smuggling is not a problem in
Fujairah, not a credible statement. Fujairah Customs is
considering purchasing x-ray scanners for the seaport, but
complained budget difficulties in general kept salaries
noncompetitive and hampered training. End Summary

2.(SBU) Fujairah Customs is headquartered in a building
immediately outside of the main gate of the Port of Fujairah.
Fujairah Customs officers are assigned to Fujairah's main
seaport, Fujairah airport, and one officer is responsible for
the port Dibba, which is northernmost town on the UAE's Gulf of
Oman coast.

Fujairah's Customs Force
--------------
3.(C) Hamad was unable to provide the exact number of customs
officers under his command. He thought that there were about 15
inspectors assigned to the main port in Fujairah and the
airport. Fujairah Customs' sole narcotics officer is also the
organization's primary training officer. Hamad said one officer
was assigned to the port of Dibba, but he was unable to specify
whether an officer was permanently stationed there or if
covering Dibba was a collateral duty for an inspector based
elsewhere.

Recruiting from the Bottom Half of the Talent Pool
-------------- --------------
4.(C) Hamad admitted that because of low salaries, particularly
in comparison to the private sector, Fujairah Customs is only

able to recruit lesser-qualified high school graduates and high
school dropouts. He explained that the military, the police, and
the private sector attract the best high school graduates. He
stated that Emiratis who have some college training are
unwilling to consider the Fujairah Customs service because of
the low salaries. Hamad said few of his workforce spoke any
English and turnover is a constant challenge.

Customs Training, or Lack Thereof?
--------------
5.(C) New customs officers in Fujairah are given one month of
training when they are hired. Per Hamad's description, this
appears to be on-the-job training under the supervision of the
sole narcotics officer. Because the service lacks funds, new
recruits are not sent to other emirates for training, nor are
they provided law enforcement training. Despite this, he said
some customs officers had attended training classes in Dubai and
Abu Dhabi, and that they were expected to train the other
Fujairah officers. Others had received Anti-Money Laundering
(AML) training from the Central Bank in Abu Dhabi.

6.(SBU) Hamad told PolEconoffs that although Patent and
Trademark Office IPR training in the US would greatly benefit
Fujairah Customs, his organization did not have the money to
send officers abroad. He supports training programs in the UAE
and would send representatives to local training, but only if
the training were provided in Arabic.

IPR Problems
--------------
7.(C) Hamad's statements concerning a recent IPR case indicates
Fujairah Customs does not have a basic understanding of IPR,
much less its legal nuances. He raised a recent case involving
Philip Morris International (PMI) as an example. PMI
representatives approached Customs with information that a
Fujairah Free Zone-based business was moving counterfeit PMI
cigarettes. Customs inspected a shipment, but because the
shipper said these were not copies of PMI product -- merely very
similar -- the activity was not illegal. Hamad told us he felt
caught in the middle and did not know how to proceed, saying he
was not an expert in this area. He ultimately decided the

DUBAI 00000155 002.2 OF 002


counterfeit shipper was a legitimate businessman conducting
normal activity, and released the shipment. In a December
meeting with PolEconoff, PMI representatives said they
considered Fujairah government institutions to be part of the
problem -- rather than part of the solution -- to IPR issues in
that emirate. (reftel)

8.(C) PolEconoff explained to Hamad that UAE law lays out a
formal process, whereby Customs officers would not be put in
this difficult situation. Customs can refer disputes about
trademark infringement to the judicial system where qualified
lawyers representing both sides present their cases to a judge
who decides whether or not the case is justified. PolEconoff
explained that in fact, cases such as this happen regularly in
Dubai and Abu Dhabi. Hamad, clearly uncomfortable, expressed an
interest in moving on and the IPR conversation was halted.

Stolen Automobiles and Car Parts
--------------
9.(C) In an attempt to defend his organization, Hamad stated
that they cooperate with Interpol on stolen cars. When pressed
he could only speak about one instance of automobiles that had
been shipped to the UAE via Fujairah that were later impounded
by the authorities in Abu Dhabi because they were listed by
Interpol as having been stolen. Hamad also mentioned that there
were requests to interdict shipments of pirated automobile spare
parts, but added that as with cigarettes, he had not been
empowered to stop them. Comment: Hamad did not see the irony
that stolen automobiles were imported into Fujairah but not
detected until they were inspected by another jurisdiction in
the UAE. End comment.

Hamad Claims Drugs Smuggling Not Occurring
--------------
10.(C) Hamad said drug smuggling into Fujairah is not a problem.
He claimed that there were only a few instances of crewmen from
ships possessing small amounts of prescription medicines without
proper documentation. He stated that he knew of no instances of
hashish, opium/heroin, or other narcotics being smuggled into
Fujairah. (Comment: While we do not have hard data on what drug
smuggling may, or may not, be occurring, we do not believe
Hamad's claim that it is not happening to be credible.)

X-ray Scanners Under Consideration
--------------
11.(C) Hamad stated that Fujairah Customs was considering
purchasing x-ray machines to scan cargo containers entering
Fujairah's seaport. He said Ras al-Khaimah's customs service had
recently purchased an x-ray machine from China and if their
experience was positive, Fujairah might purchase a similar unit.

Comment
--------------
12.(C) It is disconcerting that the Director General of a small
customs force would be unable to discuss with certainty the size
and operations of his force. Based on this discussion, it seems
that Fujairah Customs lacks the knowledge, training and
experience necessary to enforce the UAE IPR laws. It appears
Customs' first priority is, in fact, facilitating business -
without much regard, for example, for copyright and trademark
infringement. Hamad's actions in the PM case -- acting as judge
and jury -- are a disturbing indicator of the way other more
serious cases could be mishandled. It is unclear, however, if
his actions were based on simple ignorance or a more nefarious
intent. Taken together, these factors - poor quality recruits,
lack of training, spotty knowledge of procedure and the law, and
dubious leadership -- call into question whether Fujairah
Customs is capable of effective law enforcement.
SUTPHIN