MOU - HSI.pdf

MEMORANDUM OF UNDERSTANDING
between
U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT
HOMELAND SECURIry INVESTIGATIONS
and
Buckeye Police Department ( PD)
rega rding
THE DESIGNATION OF 
Buckeye police Depar.rmenr 
EMPLOYEES
AS CUSTOMS OFFTCERS (EXCEPTED)
PARTIES. The Parties to this Memorandum of Understanding (MOU) are U.S. lmmigration and Customs
Enforcement (lCE) Homeland Security lnvestigations (HSl) and
Buckeye Police De
1
2
3
pa rtment
AUTHORIry. Title 19, United Stares Code (U.S.C.), Section i401(i); 19 U.S.C. S 1589a. This t\.4OU is atso
authorized under the provisions of 
NA
PURPOSE. The Parties agree that effective enforcement of the laws relating to HSI jurisdiction requires close
cooperation and coordination between the two Parties. The Parties have therefore entered into this MOU to govern
the use of HSI designations by certain employees of 
Buckeye pofice Department
Pursuant to section 40'l(i), Tariff Act of '1930, as amended (19 U.S.C. S 1401(i)), the Secretary of Homeland Security
is authorized to designate persons as Customs Offlcers (Excepted) to perform the duties of a Customs Officer.
Within lCE, this authority has been delegated to the HSI Special Agents in Charge. Pursuant lo 19 U.S.C. S 1589a,
customs offlcers are authorized to enforce the full range of federal offenses. However, in designating Customs
Officers (Excepted), HSI is not conveying the authority to enforce administrative violations of immigration law.
There may be instances when HSI determines that it is desirable for certain sworn law enforcement employees of
Buckeye Pofice Department
to perform certain HSI duties. This MOU sets forth
the agreemenl and relationship between the Parties with respect to this determination
4. 
RESPONSIBILITIES.
The Parties agree as follows:
HSI agrees to:
a
Designate certain employees of
Buckeye Police Depar:tment
as Customs
Officers (Excepted), without additional compensation, to perform the duties as noted on the "Designation,
Customs Officer (Excepted) - Title 19 Task Force Officer" (lCE Form 73-001). This form is attached and is
hereby made part of this MOU;
lssue a "Designation, Customs Oflicer (Excepted) - Title 19 Task Force Offlcei' (lCE Form 73-001)to each
qualilied and designated employee;
c
Provide appropriate training in laws, policies, and procedures to each designated employee;
b
ICE Form 73-002 (5/14)
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d
e
Advise the designated customs officers (Excepted) about court proceedings concerning seizures or
arrests made by them in accordance with the authorities granted by HSI contemplated under this MOU;
and
Process, under appropriate regulations, any injury claim submitted as a result of injuries occurring to the
designated customs officers (Excepted) while such individuals are acting pursuani to this MoU, for
compensation under the Federal Employee Workers Compensation Act (5 U.S.C. S 8101, et seg.).
Buckeve PD
agrees
That only sworn law enforcemenl officers of
a
b
Buckeye Police Department
c
who successfully complete the appropriate HSI Task Force Officer cross-designation Training Course and
receive an approved "Designation, customs officer (Excepted) - Tifle 19 Task Force officer,; (lcE Form
73-001)will be designated as Customs Officers (Excepted);
To advise HSI of each court proceeding in which the validity of a customs officer (Excepted)'s
enforcement authority becomes an issue, and allow HSI to provide legal memoranda or other assistance
as deemed necessary by HSI;
d
e
That agency employees designated as customs officers (Excepted) will follow HSI directives and
instruclions when utilizing enforcement aulhority conveyed by HSI;
b. To schedule periodic meetings to review this MOU, as required
To provide to HSl, before designation of each officer and on an ongoing basis, any derogatory information,
or information that may call into question the officer's truthfulness or ability to testify in court; and
To return all HSI-issued equipment and identification when a cross-designated officer terminates
employment or when his or her cross-designation expires.
Both Parties aoree:
That any abuse of HSI cross-designation authority may lead to the revocation of such cross-designations
by HSI; and
f
a
REPORTING AND DOCUMENTATION. HSI SAC offices will maintain the original signed "Designation, Customs
Officer (Excepted) - Title 19 Task Force Officer" (lCE Form 73-001). Copies of this form wi be held by the
Contraband Smuggling Unit at HSI Headquarters, the designated Customs Officer (Excepted), and
Buckeye Pofice Departmentl
lf applicable, the HSI office will maintain documentation of designated Customs Officers (Excepted) approved to
use HSI vehicles and certiflcation that the designated Customs Officers (Excepted) have completed the ICE Fleet
Card Training in Virtual University and any other fleet related training.
ICE Form 73-002 (5/14)
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That each law enforcement officer will be bound by the Authorities Granted and the Endorsements and
Restrictions as noted on the "Designation, Customs Officer (Excepted)- Title 'lg Task Force Officer,' (lCE
Form 73-001);
5.

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OTHER PROVISIONS. This lvlOU is an internal agreement between the Parties and does not confer any rights, privileges, or
benefits to any other party or the public.
Nothing in this MOU is intended to conflict with current laws, regulations, or policies of either Party. lf a term of this MOU is
inconsistent with such authority, that term shall be invalid but the remaining terms and conditions of this MOU shall remain in full
force and effect.
Nothing in this MOU is intended or shall be construed to require the obligation, appropriation, or expenditure of any money from
the U.S. Treasury in violation of the Anti-Deficiency Act, 31 U.S.C. SS 1341-1519.
The forms and authorities referenced herein may be renamed or replaced by HSI without prejudice to this MOU
EFFECTIVE DATE. The terms of this MOU will become efFective on the date the last Party signs the MOU. The Designation
Form of each Customs Officer (Excepted) is effective per the date on that document.
9. 
MODIFICATION. This MOU may be amended by the written concurrence of both Parties.
10. TERMINATION. This Ir/OU may be terminated by either Party upon a 30-day written notification to the other Party,
6. 
POINTS OF CONTACT
HSI Office: SAC Arlzonal DSAC phoeni_x
Name: Steven Strljdonk
Title: Program Manaqer
Address: 74547 N 74th St
Scottsdale, AZ 85260
Telephone Number: +1 (520) 631-5018
Fax Number:
E-mail Address: steven. a. stri j donkGhsl . dhs . g
8.
APPROVED BY:
Francisco Burrofa
Name of HSI
Special Aqent in Char ge
Title of HSI Official
Homeland Security lnvestigations
U.S. lmmigration and Customs Enforcement
Date:
Date
Buckeye PD
Name: Michael Saltz
Title: Commander
Address: 27699 W. yuma Road #104
Buckeye AZ 85326
Telephone Number: +1 (623) 349-64\'7
Fax Number: +l- (623) 349-6506
E-mail Address: msaltzGbuckeyeaz . gov
O.ffi4HsE
Robert Sanders
Name of Buckeye PD 's Official
Chief of Police
Title of Buckeye PD 's Official
Nameof BuckeYe PD 'sAgency
ICE Form 73-002 (5114)
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