Investigation finds flaws in DHS export controls

Customs and Border Protection bureau says it is making changes to improve enforcement.

Chemical and biological commodities are being shipped out of the United States - sometimes to countries of concern - without proper oversight by the Homeland Security Department, government investigators said this week.

The DHS inspector general's office assessed the Customs and Border Protection bureau's enforcement practices at U.S. ports of exit to determine if they effectively prevent the illegal export of chemical and biological commodities, also known as militarily sensitive technologies.

"CBP does not consistently enforce federal export licensing laws and regulations at all U.S. ports of exit," the IG said in its report. "CBP's ability to effectively and efficiently control exports licensed by [the departments of] State and Commerce is limited by inadequate information and staff resources."

The report was redacted by the IG's lawyers from 21 pages to seven, said office spokeswoman Tamara Faulkner. She said the report was a follow-up to one issued last year that made 16 recommendations, five of which remain unresolved. She declined to comment on the open recommendations.

The recent report recommended only that CBP evaluate its information requirements, staffing needs and consistency of enforcement practices, and make necessary adjustments to ensure that all enforcement responsibilities are accomplished.

CBP spokesman Patrick Jones said the IG did not find any major problems, given the recommendations. "If the IG found something egregious, then those recommendations don't reflect that at all," he said.

The IG found that CBP officers do not always check an export shipment against the license for it. For example, exporters generally give their licenses to the port of exit they are most likely to use for shipping. CBP personnel, however, do not always enter those licenses into the agency's Automated Export System. If the exporter uses another port, CBP officers sometimes cannot view the license before approving the shipment.

Jones said CBP officers are now being required to enter licenses into the automated system. Additionally, the agency has ordered field teams to monitor enforcement practices, he said.