GA Resolution: Anti-Smuggling Act

[Ananke II]

This is the discussion thread. Please go here to cast your vote.

Anti-Smuggling Act
A resolution to improve world security by boosting police and military budgets.

Category: International Security
Strength: Significant
Proposed by: Manticore Reborn


Description: UNDERSTANDING that the crime of International Smuggling of goods with the intent of avoiding customs inspection regulations can be harmful to the economy of nations by under-cutting legally imported and/or produced goods within nations;

FURTHER UNDERSTANDING that International Smuggling creates an illicit infrastructure that can be harmful to the security of nations;

The World Assembly therefore:

DEFINES for the purpose of this resolution, International Smuggling as an activity which involves the importation or exportation of goods with the intent of avoiding customs inspection laws;

OUTLAWS international smuggling of goods in all member states;

REQUIRES all member states to suppress International Smuggling within their own Customs Jurisdictions;

FURTHER REQUIRES all member states to refrain from giving any organizations or individuals engaging in the activity of International Smuggling safe havens, markets, or any other support for their operations;

EXPANDS the definition of "Customs Jurisdictions" to include any area not under any nation's effective control, that is immediately adjacent to but outside traditional territorial jurisdiction of a member state, where a vessel may "hover" while engaged in a goods smuggling operation to contravene the revenue/customs laws of a member state;

REQUIRES all member states to treat offences committed by any organizations or individuals engaging in the activity of International Smuggling that occurred outside of their own Customs Jurisdictions at least as seriously, as they would treat any comparable crimes committed within those Customs Jurisdictions;

DECLARES that anyone knowingly working for, providing safe haven, markets, purchasing products from, or any other support for the operations of any organizations or individuals engaging in the activity of International Smuggling shall be subject to charges of criminal conspiracy;

ALLOWS member states in possession of legally confiscated contraband goods to dispose of said contraband in a manner as they see fit including, but not limited to, the destruction or sale of contraband goods.

[Woonsocket]

Do they want to put the Millenium Falcon out of business?

[Kanaia]

AGAINST
"REQUIRES all member states to suppress International Smuggling within their own Customs Jurisdictions;

FURTHER REQUIRES all member states to refrain from giving any organizations or individuals engaging in the activity of International Smuggling safe havens, markets, or any other support for their operations;"

That can be interpreted so many different ways.

"EXPANDS the definition of "Customs Jurisdictions" to include any area not under any nation's effective control, that is immediately adjacent to but outside traditional territorial jurisdiction of a member state, where a vessel may "hover" while engaged in a goods smuggling operation to contravene the revenue/customs laws of a member state;"

Expanding a nations jurisdiction beyond its borders? Bad Idea.

"REQUIRES all member states to treat offences committed by any organizations or individuals engaging in the activity of International Smuggling that occurred outside of their own Customs Jurisdictions at least as seriously, as they would treat any comparable crimes committed within those Customs Jurisdictions;"

Again, expands jurisdiction beyond nations borders, and then tells the nation how it must "treat offences."

"ALLOWS member states in possession of legally confiscated contraband goods to dispose of said contraband in a manner as they see fit including, but not limited to, the destruction or sale of contraband goods."

So as long as a nation defines something as contraband, they can legally steal it from the owners and then sell it?

P.S. How are Han Solo and Malcolm Reynolds going to make any money now?

[Markanite]

I dont really mind this resolution so Im going with Delegates prerogative

Kananiaa puts forth a good arguement though

[Takaram]

AGAINST:
Kan said it all well enough.

[manticorereborn]

As the author of this legislation, I must first thank the honorable delegate for the invitation to speak with you here.

Jun 26, 2010 7:49:01 GMT -5 Woonsocket said:

Do they want to put the Millenium Falcon out of business?

This legislation is not directed at anyone so noble as the esteemed Mr. Solo who was fighting against a repressive regime. Rather this legislation is intended to fight true criminals.

As to the comments from the honorable Kanaia I would like to point out that many of these clauses are identical to those found in the GENERAL ASSEMBLY RESOLUTION # 20 Suppress International Piracy. In fact, this legislation is more restrictive in what nations may do as this only expand customs jurisdiction to international waters adjacent to their territory whereas the GA#20 authorizes nations to attack pirates where ever they are found including the territory of other nations.

As far as the selling of seized contraband this is already one of the powers held by most nations and is there to insure this right would not be taken away.

We would hope to be able to convince you to adjust your opinion of this legislation to at least an abstention on the vote and if there is anything I can do to persuade you to vote for, please do not hesitate to contact me.

Respectfully,
Hamish Alexander, Eighteenth Earl of White Haven
Minister of Foreign Affairs to His Majesty King Roger VI
The Kingdom of Manticore Reborn

[Cerb]

Firmly against. There is no way my nation can keep track of each nation's definition of goods that are contraband.

I'll just worry about what people bring into my nation.

[Kanaia]

Jun 28, 2010 8:34:19 GMT -5 @manticorereborn said:

This legislation is not directed at anyone so noble as the esteemed Mr. Solo who was fighting against a repressive regime. Rather this legislation is intended to fight true criminals.

Yet the resolution gives no allowances for noble individuals fighting repressive regimes. If a nation installs a blockade in an effort to subdue its people through starvation. This resolution would require other nations to prosecute individuals trying to help the oppressed people.

Jun 28, 2010 8:34:19 GMT -5 @manticorereborn said:

As to the comments from the honorable Kanaia I would like to point out that many of these clauses are identical to those found in the GENERAL ASSEMBLY RESOLUTION # 20 Suppress International Piracy. In fact, this legislation is more restrictive in what nations may do as this only expand customs jurisdiction to international waters adjacent to their territory whereas the GA#20 authorizes nations to attack pirates where ever they are found including the territory of other nations.

However, unlike this resolution, resolution #20 does not give nations "jurisdiction" over territory other than its own. It merely allows them to combat piracy.

Furthermore, piracy can be committed in international waters, but smuggling requires one to attempt to cross a border.

If they are "hovering" in international waters they are not smuggling, they are simply sailing with cargo in international water. It is not until they cross, or attempt to cross, a border, be it water or land, that they are actually breaking the law.

Expanding a nations jurisdiction so that it has more territory to control and arrest people in makes no sense.

Jun 28, 2010 8:34:19 GMT -5 @manticorereborn said:

As far as the selling of seized contraband this is already one of the powers held by most nations and is there to insure this right would not be taken away.

However, there is no definition to what is contraband. Furthermore, this can easily be abused by nations, as they can simply say that all cargo coming into their territory, or these new jurisdictions, is smuggled contraband, and therefore now able to be legally confiscated by the government.

[Smoked Bacon]

I have to agree with those against this resolution.
The definition of what is contraband is not very clear, every nation has it's own views on which items are or are not contraband, it can not be expected of one nation to intercept items it does not view as contraband outside of it's own borders. Our nation would prefer to deal with what we consider contraband, within our own borders and on our own terms.
(AGAINST)

[manticorereborn]

The Kingdom of Manticore Reborn understand the view point of many nations and recognizes that there are serious flaws in the current draft of this legislation. However, please be warned that my government does not consider this issue dead. There will be a revised proposal taking into account some of the flaws that were identified during this vote debate. The Kingdom of Manticore Reborn will resubmit a draft to this august assembly once a suitable cooling off period has past.

Respectfully,
Hamish Alexander, Eighteenth Earl of White Haven
Minister of Foreign Affairs to His Majesty King Roger VI
The Kingdom of Manticore Reborn

[Echolilia]

No way. We're not going to enforce other nation's morality, etc.

[Kranusilika]

This left too many unanswered questions and was far too intrusive.

[Echolilia]

"Anti-Smuggling Act" was defeated 3,654 votes to 2,051