Grosseschnauzer
TNPer
On Saturday, Mesian sent me the following message. (He has given me permission to present this to the Cabinet for discussion.)
I responded as follows:
Mesian then replied as follows:
Earlier this evening, Mesian also forwarded an example of the legislation:
I have advised him that the material has been posted for Cabinet review and discussion.
As I noted in my original response to Mesian, I have a lot of concerns and I think that all of the Cabinet Ministers, the NPA, and the NPIA should contribute to the discussion. I have no preconceptions about whether this should or should not be adopted, but I believe the Cabinet first needs to decide if this should go forward as a topic of discussion, and we can take it from there.
If there are questions or Mesian, we should compile those, and I will send them to him in a package so we can all benefit from the questions and the replies.
Please feel free to discuss the various issues and concerns that are apparent from reading Mesian's proposal.
Mesian:Hello, I would like to introduce myself sir, I am Corporal Mesian of the NPA. I have also served in other government areas.
I have had experience operating in many regions, bug and small, and witness that a problem is occuring which has occured in most regions I have been part of.
Breaches of both citizenship, and breaches of the law by foreign nationals/non-RA members.
In some regions I have worked in (especially larger ones) they have established a "Customs and Imigration Service".
Unlike the NPA, or NPIA, its focus would solely be inside the region, and such a group would be tasked with monitoring ad spam, endorsement counts, vetting new members whilst monitoring other tasks, and other tasks which would relate to inter-regional travel or imigration to TNP. Also, in some regions, the 'CIS' also conducts investigations into minor rule breaches and makes recomendations.
This has proven to free up intel organisations and the military, so they can focus on solely military/strategic threats. It also provides a medium by which people can activley participate in the region, whilst not being required to leave it, or have formal UN status.
It was just a brief thought, and with all that is going on now, more pairs of trained eyes wouldn't hurt.
for your consideration,
Mesian
I responded as follows:
Grosseschnauzer:I would like to take some time to consider this. I would like your permission to let the Cabinet privately see you message in their private forum, and allow them to discuss whether this is something the government would want to do or need to do.
I would also want tp share this with the NPA and NPIA for their comment.
One concern that comes immediately to mind is whether the political environment would even be receptive to this proposal, even if the Cabinet concludes that there is a need or a want for this idea.
We would also have to decide whether any Ministry or combination of Ministries, already has authority to implement such a proposal, or what type of legislation would be needed. (I could see how this could fall into most of the current Cabinet portfolios.)
The "defining treason" legislation has been more controversial than I would have expected, given that the Regional Assembly approved the same operative language in the oath amendment by a 2/3rds vote. I am concerned about how this proposal would be received in the Regional Assembly. I do not want to have this described as a further step towards dictatorship or repression, it's going to take a lot of work to settle concerns that already exist.
Do not interpret this as a "yes" or "no" from me, I just think this needs discussion from the Cabinet; it may also be that the conclusion would be that this needs a lot of discussion in the Refional Assembly.
Please let me know if I may share your ides with the Cabinet, the NPA, and the NPIA.
Mesian then replied as follows:
Mesian:Yes, I can see where you are coming from, in regard to nations seeing the 'big brother' effect, and if you would like to share this idea, go ahead as I see no problem.
With all the controversy surrounding these new laws, and some people putting up big stink about NPIA and its closed doors, I simply thought it might be a way for people to see an organisation enforcing such laws, but being compleley transparent and accountable.
If there are any furhter questions raised about this proposition, by either you or others, give us a shout.
I can also give you sample legislation from another region which created and saw the maintaince of their customs service.
Kind Regards
Mesian
Earlier this evening, Mesian also forwarded an example of the legislation:
Mesian:Thought I would send this for you to see. It is sample legislation from the now defunct region, 'New Sea Land'. It is modelled for its region, though the heiracy of the government is very similiar, equivlient comparrisons:
Senator: RA Member
Chief Senator: Prime Minister
Chancellor: Delegate
Attorney General: Minister of Justice (though, they were 2 sperate roles
RIA: NPIA
SLAF: NPA
War Council: A mix between cabinet, security council and NPIA
Enjoy! (well, as much as you can, because who really likes reading crap like this!)
CUSTOMS ADMINISTRATION ACT
Section 1:
This Act may be cited as the Customs Administration Act
Section 2:
This Act shall come into operation on a day to be fixed by Proclamation.
Section 3:
In this Act, unless the contrary intention appears:
"appoint" includes re-appoint.
"CEO" means the Chief Executive Officer of Customs.
"law of customs" means:
(a) this Act; or
(b) any other Act of which the CEO has the general administration; or
© if the CEO has the general administration of a particular provision or provisions only of an Act—that provision or those provisions; or
(d) if the CEO has the general administration of an Act, or of a particular provision or provisions of an Act, only in so far as that Act, or that provision or those provisions, relates or relate to a particular matter or matters—that Act, or that provision or those provisions, in so far as that Act, or that provision or those provisions, relates or relate to that matter or those matters; or
(e) any instrument (including rules, regulations, by laws or determinations) under this Act, under an Act to which paragraph (b) applies, under a provision to which paragraph © applies or under an Act or provision referred to in paragraph (d) in so far as it relates to a matter so referred to.
Section 4:
New Sea Land Customs Service
(1) There is hereby established New Sea Land Customs Service.
(2) There shall be a Chief Executive Officer of Customs, who shall, under the Senator, control New Sea Land Customs Service.
(3) New Sea Land Customs Service consists of the CEO and the staff referred to in section 15.
(4)Where a nation employed in New Sea Land Customs Service, or a nation not so employed who is authorized in writing by the CEO to perform a function or functions of a person employed in New Sea Land Customs Service, performs a function or exercises a power under a law of customs, the person is, in the performance of that function or the exercise of that power, subject to the directions of the CEO.
Section 4a:
Senator may give directions to CEO
(1) The Senator may give written directions to the CEO with respect to the general policy to be pursued in relation to the administration of New Sea Land Customs Service.
(2) If the Senator gives a direction under subsection (1), the Senator must cause a copy of the direction to be laid before the Senate and Chancellors.
(3)The CEO must comply with all written directions given by the Senator under subsection (1).
Section 5:
Appointment of CEO
The CEO shall be appointed by the Chief Senator and Chancellor
Section 6:
Tenure of office
(1) Subject to this Act, the CEO is to be appointed for a specified period of not more than 4 months but is eligible for re appointment.
(2)The CEO holds office on such terms and conditions not provided for by this Act but by negotiation with the Chief Senator.
(3)The CEO may be removed from his position only by a vote by the Senate, or if he is found liable for any criminal charges with NSL or its allies
(4)A removed CEO may move for re-appointment
Section 7:
Employment outside official duties
The CEO shall not, without the approval of the Senator, engage in employment outside the duties of the office of CEO.
Section 8:
Resignation
The CEO may resign from office by writing signed by the CEO and delivered to the Chief Senator
Section 9:
Customs Ranks:
1) For ease of operation within Customs, the following ranks exist: (in ascending order)
-Trainee Officer
-Customs Officer
-Senior Customs Officer
-Customs Officer Captain
-Customs Officer Commander
-Chief Executive Officer of Customs
Apart from Trainee Officer to Customs Officer, all promotions are based on current service requirements and promotional attributes
2) The CEO holds the right to demote or take disciplinary action against a Customs employee if he/she breaches the Customs Act or any Standing Orders in place.
Section 10:
Authority of Customs:
1)Customs have direct authority over the following areas within New Sea Land;
-Monitor the Endorsement Count
-The Regional Message Board - Specifically Ad spam and its excessive use
-Recruiting Telegrams
-Regional Traffic of Nations
-Investigating breaches of New Sea Land border by foreign members
-Screening of SENATE applications and background checks
-Regulating traffic on the Regional Message Board
-Enforcing all laws passed relating to border security, or stating it is a responsibility of customs
2)Customs may also work within these areas, though, do not have direct authority;
-Ensuring no illegal activity is occurring within the borders of NSL
-Act on Minor infringements of NSL law
-Assist SLAF and RIA with law and order issues
-Investigate suspect nations
-Acting jointly with other organizations against illegal actions which threaten our borders
-Provide assistant to other regions in maintaining regional security
-Any other task deemed required by the current government
3)Referring cases on to other departments;
-If Customs investigations result in a real and possible threat against New Sea Land, Customs is to pass on copies of all information and evidence gathered to RIA
-Customs may continue their investigation, though, strong advice from RIA should be heeded
-If a possible invasion threat is uncovered, information should be passed on to the SLAF
4)Releasing of Case Reports;
-After each case has been completed, case reports are to be released in a public forum
-A copy of each report, as well as an in-depth brief should be forwarded to all Senators of government and the delegate as well as the director of RIA and the war council
-The CEO is to compile a general conduct report of Customs each month for release
-The CEO may censor up to 20% of a report, though, any more then this, direct application must be made to the Chief Senator
Section 11:
Deployment of nations as part of a Customs Operation to another Region
1)Customs Officers are not required to leave the region at all as part of their employment
2)Customs Officers may nominate to be deployed as a CUSTOMS officer to another region to assist in establishing Border Security
3)Customs Officers must always have a declared presence, and must ensure they have the word ‘NSL CUSTOMS’ displayed in their signature as deemed appropriate by the CEO.
4)Customs officials are not required to endorse any nations whilst deployed
Section 12:
Powers of Recommendation:
1)Any customs officer can make a recommendation to the CEO when issuing his report
2)Only the CEO can approve these recommendations, and hand them on to the appropriate Senator
3)The CEO may act upon recommendations made by a Customs Officer if it is within the powers of New Sea Land Customs Service (Section 13)
4)An exception of this is the Customs Officers who screen Senate applications, they make their recommendations directly to the appropriate Senator as delegated
Section 13:
Powers of New Sea Land Customs Service
1)Customs may exercise the following powers;
-Bring a nation to trial
-Recommend account suspension
-Question individual nations
-Investigate nations when seen fit
-Ask questions of nations about other nations
-Clear the Regional Message Board if inappropriate message is posted ‘CUSTOMS: RMB Clearance’
-Issue announcements concerning actions of a nation
-Issue formal cautions relating to ad spam
-Issue formal cautions relating to minor rule infringements
-Publicly issue reports which outline the wrong doing of another nation within NSL
-Recommend or not recommend SENATE status for nations. All non-recommendations must be reviewed by the CEO
-Issue formal warnings to endo-tarters, as well as open correspondence (approved officers only)
-Request or liaise with other organizations in an investigation
-Conduct investigations seen as appropriate by the CEO
-Conduct internal investigations in regard to security breaches of customs and other departments
-Customs may also demand response from a nation residing within a region, and if no response is given after activity, recommend further action
-Contact game moderators in regard to possible rule breaches within NSL on NationStates
2) The CEO must review all actions of Customs, and due to this heavy work load, may appoint to other senior officers to assist in this function
Section 14:
Conduct of Customs Officers:
1)Customs Officers must conduct themselves in accordance with this act, and this section, as well as NS accepted law, regional law, and the law of any region they may be present in, regardless of personal opinions
2)Customs Officers must conduct themselves in the following manner;
-Be polite and tactful at all times to both suspect nations and other nations
-Not abuse the privileges they have access to
-Operate ‘above the law’
-Disregard any orders issued by the CEO, or subsequent superior
-Exclude information from a report
-‘protect’ suspects
-Coerce other nations through illegal means
-Whilst deployed in other regions, follow all standard operating procedure for NSL forces in that region
-Conduct unbecoming a Customs Officer
3)The CEO reserves the right to discipline any Customs members (officers or workers) if they have breached any laws. The CEO may also impose additional punishments upon customs personnel if they are prosecuted
4)The CEO reserves the right to demote, or discharge a member from the Customs Service if they are deemed to have conduct unbecoming
5)A review of decisions made can be submitted to the Chief Senator. Though, if the review finds no change, that member can be charged with disregarding orders issued by the CEO or Subsequent Supervisor
Section 15:
Staff of Customs:
1)The CEO may employ, as he sees fit, a number of nations to ensure the efficient operation of Customs.
2)Customs Officers must meet the following requirements to be employed;
-Meet any imposed Aptitude requirements (if so exist)
-Be seen as fit for service by the serving CEO
-Successfully undertake Customs Basic Training
-Agree to the Customs employment oath
-Agree to make NSL their primary region
-Pass a national Background check
-Have no prior offences to their name in NSL or her allies
3)Before being employed, a nation must take the following oath of commission;
I, __________________________, will in all aspects, dedicate myself to the security of my region, New Sea Land, through my service in the New Sea Land Customs Service.
I agree not to abuse my position as a Customs Officer, and also agree not conduct myself in a manner which would bring shame upon the service, or myself, nor, result in legal charges being laid.
I acknowledge that I will be trusted with both information, and access to information, which may be considered secret, and thus, will not abuse this trust by removing it from its appropriate place.
I will follow all lawful orders issued by the CEO and his delegated authority, and recognize failure to do so will result in severe disciplinary action.
I recognize the fact that as a Customs Officer, I will be held accountable by the region, and my actions will be over sought by the senate, chancellor and all citizens. My actions shall at all times be lawful and transparent.
I, ____________________________, now acknowledge I am legally accountable to the region and Customs, and here from in, all actions should be only to further regional security, and not hamper it.
Section 16:
Accountability:
1) At all times, Customs is accountable to the region, and the Chief Senator may decide to initiate a board of inquiry into any of its actions, in which all members are compelled to testify due to the oath of employment.
2) Customs must never work above the law, and as stated in section 10, Customs must release a report for every major action, barring general duties. This may be up to the Chief Senator, Attorney General or CEOs preference.
3) The New Sea Land Customs Service comes under the direct control of the Attorney General, though, works with the department of Internal Affairs and Propaganda.
Section 17:
Conclusion
Customs always must act in the interest of the Region. They are always to be held accountable, and due to the nature of the work, a constant flow of reports should be produced to be reviewed by appropriate authorities.
Yes, this legislation was heavy when it came to the CEO, but this region was all about accountability, and you couldn't even take a shit without being scrutinised because it might have droped left or right, though, may I add, never was their a corrupt Customs CEO. They did the job, and did it fricken well, and you never know, an organisation which is built around accountability could be a good PR boost.
Mesian
I have advised him that the material has been posted for Cabinet review and discussion.
As I noted in my original response to Mesian, I have a lot of concerns and I think that all of the Cabinet Ministers, the NPA, and the NPIA should contribute to the discussion. I have no preconceptions about whether this should or should not be adopted, but I believe the Cabinet first needs to decide if this should go forward as a topic of discussion, and we can take it from there.
If there are questions or Mesian, we should compile those, and I will send them to him in a package so we can all benefit from the questions and the replies.
Please feel free to discuss the various issues and concerns that are apparent from reading Mesian's proposal.