OPTIONAL FORM NO. 10

JULY 1973 EDITION

GSA FPMR (41 CFR) 101-11,8

UNITED STATES GOVERNMENT

Memorandum

Principal Field Offices

DATE: 12/11/75

(U.S. Customs Service/Drug Enforcement Administration)

Commissioner of Customs/Acting Administrator,

Drug Enforcement Administration

Memorandum of Understanding Between U.S. Customs Service/Drug
Enforcement Administration

8010-110

As the Commissioner of Customs and the Acting Administrator, Drug
Enforcement Administration, we wish to assure all personnel of both
agencies that this Memorandum of Understanding was signed in good
faith by both parties and it is our intention to insure that the
relationships between our agencies are conducted according to these
operational guidelines in both a coordinated and professional manner.
It is of the utmost importance that the U.S. Customs Service and the
U.S. Drug Enforcement Administration work together in an atmosphere
of harmony and efficiency in combating the illegal importation and
trafficking in illicit drugs. It is essential that each agency
complement and support the other in fulfilling their respective chli-
gations.

The attached policy guidelines have been established between the Drug
Enforcement Administration and the U.S. Customs Service for the purpose
of clarifying the respective operations of each agency in regard to
drug related enforcement activities. It is anticipated that the
guidance established in this agreement will promote and insure that
the inter-agency relationships are in the best interests of the United
States and will result in effective and efficient law enforcement.

A copy of this memorandum and the attached Memorandum of Understanding
is being sent directly to all field offices of both agencies so that
all personnel will be immediately aware of the agreed upon operational
guidelines. We expect all principal field offices to insure that
meetings are arranged at the earliest date between U.S. Customs Service
and Drug Enforcement Administration counterparts at the various mana-
gerial and working levels to develop the closest possible working
relationships within these operating guidelines.

Attachment

еского

Vernon D. Acree

Commissioner of Customs

Nony 5. Dogin

Henry S.Dogin

Acting Administrator

Drug Enforcement Administration

Buy U.S. Savings Bonds Regularly on the Payroll Savings Plan

MEMORANDUM OF UNDERSTANDING

Between

The Customs Service and the Drug Enforcement
Administration on Operating Guidelines

The purpose of this memorandum is to emphasize and clarify the roles and the need for cooperation between the respective agencies. Under the broad guidelines of Reorganization Plan No. 2, the Drug Enforcement Administration has been assigned the primary responsibility for ". ..intelligence, investigative and law enforcement functions....which relate to the suppression of illicit traffic in narcotics, dangerous drugs or marihuana...." Under the plan and delegations, Customs retains and continues to perform those functions "....to the extent that they relate to searches and seizures of illicit narcotics, dangerous drugs, marihuana or to the apprehension or detention of persons in connection therewith at regular inspection locations at ports-of-entry or anywhere along the land or water borders of the United States...' However, Customs is required to turn over to DEA "any illicit narcotics, dangerous drugs, marihuana or related evidence seized and any person apprehended or detained....'

Both agencies have vital roles to perform within the Federal drug enforcement program. Customs, as part of its overall responsibility for interdicting the smuggling of contraband, retains the full responsibility for searching, detecting, seizing smuggled narcotics, and arresting suspected sauggiers of any contraband. DEA nas the full responsibility for any narcotic-related follow-up investigation as well as for providing Customs with information related to narcotics interdiction. Clearly, for the Federal effort to accomplish its enforcement goals related to reducing narcotics trafficking, both agencies must cooperate and provide appropriate mutual assistance in performing their respective functions. It is mutually agreed that an employee who willfully violates the intent and conditions of this agreement will be subject to firm disciplinary action.

To implement the above, the Commissioner of Customs and the Administrator of the Drug Enforcement Administration jointly approve the following guidelines for dealing with specific operational problems.

1) Operational Roles of Customs and DEA

Customs is the agency with primary responsibility for interdiction of all contraband, including all drugs at the land, sea, and air borders of the United States..

DEA is the agency with primary responsibility for investigation and intelligence gathering related to drug smuggling and trafficking.

The Drug Enforcement Administration will notify the U.S. Customs
Service of information from its narcotic investigations which

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2)

indicates that a smuggling attempt is anticipated at or between an established port-of-entry as soon as possible after the information is received. Such information may result in a cooperative joint interdiction effort but shall in no case result in uncoordinated unilateral action.

Within the limitations of its resources, Customs will cooperate when requested to support DEA operations and ongoing investigations, including interception of aircraft suspected of drug smuggling and convoys.

For purposes of this agreement an ongoing investigation includes only those cases in which information indicates a seizure and/or arrest should not occur at the initial point of contact in the United States, but should continue as a convoy to the final delivery point. The mere fact that a suspect or vehicle is known to DEA does not constitute an ongoing investigations.

Law Enforcement Coordination

Whenever Customs has information on any person, aircraft, vessel, etc., that is involved in or suspected of being involved in drug smuggling or trafficking, DEA will be the first agency contacted by Customs. DEA will then have primary responsibility for the coordination of all investigative efforts.

Whenever DEA has information on any person, aircraft, vessel, etc., that is involved in or suspected of being involved in the smuggling of contraband, Customs will be the first agency contacted by DEA. Customs will then have primary responsibility for interdiction if a seizure or arrest is to occur at the initial point of contact in the United States except in those cases under the control of DEA.

3) Placing of Transponders on Aircraft and Transponder Alerts

Transponders will not be utilized by Customs in drugs related activity without prior advice to DEA of the aircraft's identity and suspects involved. If DEA has an ongoing investigation, DEA will

make the tactical decision as to the course of action to be taken.

Both agencies will expeditiously advise each other of all transponders placed on aircraft, and immediately upon recieving signals therefrom.

Customs will normally respond to all specially coded transponder alerts crossing the border. DEA will be given immediate notification whenever Customs responds to a drug-related transponder alert.

Combined Seizures of Narcotics and Other General Contraband

Where both narcotics and general contraband are seized in the same case, the Customs Office of Investigations is to be notified and they will coordinate with DEA on a joint investigation.

Investigative efforts will be dependent upon the magnitude of the violations and/or the value of the general merchandise seized.

Violations to be Reported to the U.S. Attorney

DEA case reports will include any customs reports related to the drug violation. Customs will furnish their reports to DEA in an expeditious manner. DEA will present the violations to the concerned prosecutor for determination of charges.

International and Domestic Drug Intelligence Gathering, Coordination DEA is the agency with primary responsibility for gathering intelligence on drug smuggling and trafficking, including air trafficking. Customs has primary responsibility for intelligence gathering of smuggling activities and also a supportive role to DEA in drug smuggling and trafficking. Nothing in this agreement precludes Customs from gathering information from the air and marine community related to the smuggling of contraband. Customs will continue to maintain liaison and gather information from foreign Customs services on all smuggling activities.

Customs will expeditiously furnish all drug-related information to DEA. DEA will expeditiously furnish drug smuggling intelligence to Customs. Unless immediate action is required, such drug smuggling intelligence collected will not be subjected to enforcement action prior to coordination between Customs and DEA.

DEA and Customs will refrain from offering or lending support to any derogatory remarks regarding the other agency. When dealing with other law enforcement agencies, Federal, state and local officials should not be mislead as to DEA and Customs respective responsibilities.

Neither Customs nor DEA will discourage potential sources of information from working for the other agency. The promising of rewards to informants for intelligence shall not be competitively used to increase the price of information and knowingly encourage the source of information to "Agency Shop."

Under no circumstances will Customs officers employ a participating informant for drug-related matters unless prior agreement and concurrence is obtained from DEA. Both agencies recognize that the identity of an informant may have to be revealed in court and that the informant may have to testify.

In those drug smuggling cases involving a DEA confidential source, Customs will be promptly notified of the role of the informants so that the safety of the cooperating individual is not jeopardized. Customs officers will not attempt to debrief DEA informants.

None of the foregoing is intended to limit total resource utilization of DEA and Customs law enforcement capabilities, but rather to insure coordination, elimination of duplication of effort, and prevention of counter-productive or potentially dangerous enforcement activities.

At the field level, Customs and DEA offices will identify specific persons or organizational units for the purpose of information referral and to coordinate enforcement matters.

Procedures to be Followed When DEA has Information that an Aircraft, Vehicle, Vessel, Person, etc., will Transit the Border Carrying Narcotics

For criminal case development purposes, DEA may request that such persons or conveyances be permitted to enter the United States without enforcement intervention at that time. These requests will be made by DEA supervisory agents at the ARD level or above to District Directors or their designated representative. Such requests will be rare and made only when DEA intends to exploit investigations of major traffickers.

Customs officers will participate in the enforcement actions until the initial seizure and arrest. The number of Customs personnel and equipment needed will be decided by the Customs supervisor with input from the DEA Case Agent, subject to the limitations of available Customs resources, not to exceed the number recommended by the DEA Case Agent.

On drug-related joint enforcement actions, no press releases will be made by Customs or DEA without the concurrence of each other.

Drug Seizure Procedures

Customs responsibility for interdiction of contraband, including illegal drugs, remains unchanged. Using every enforcement aid and technique available to them, Customs officers will continue to search for illicit drugs. Each time any drugs are discovered, they will be