Overview:
The Customs-Trade Partnership Against Terrorism (C-TPAT) has entered its second era without fanfare. While the C-TPAT initiative remains a voluntary program,
Customs officials are making it clear that they expect importers to adhere to the new criteria.
Customs and Border Protection (CBP) published the "Security Criteria for Importers" on March
25, 2005, establishing minimum-security criteria for importers either already enrolled in the C-TPAT program, or wishing to join the C-TPAT initiative.
FOR NEW IMPORTERS WISHING TO JOIN C-TPAT:
Importers wishing to join the C-TPAT program on or after March 25, 2005, will need to meet or exceed the security criteria before they will be 'certified' and eligible for benefits. Applications for new
membership will only be accepted electronically, via the C-TPAT web-based online application for importers, http://cbp.gov/xp/cgov/import/commercial_enforcement/ctpat/importers/appli cation_importer.xml,
with the submission of a completed, comprehensive security profile that will also be required at time of application.
FOR EXISTING C-TPAT MEMBER IMPORTERS:
For importers who are already a
member of the C-TPAT program, having completed and received the memorandum of agreement signed by CBP, a gradual, phased implementation approach will be followed which provides existing members more time to
address the security measures outlined in the criteria. The components outlined in the security criteria document have been segmented into three distinct phases, each with their own timeline.
PHASE 1 -- HARDENING OF THE PHYSICAL SUPPLY CHAIN:
Under the first phase, CBP has asked the existing trade community members to raise standards in these areas by May 25, 2005.
1. Container Security (seals, inspections, storage).
2. Physical Security (fencing, lighting, parking, building structure, locking devices and key controls, lighting, alarm systems, video surveillance
cameras).
3. Physical Access Controls (employees, visitors, deliveries, challenging and removing unauthorized persons).
PHASE 2 -- INTERNAL SUPPLY CHAIN MANAGEMENT PRACTICES:
Existing
trade community members should review and enhance internal and procedural security elements:
1. Personnel Security (pre-employment verifications, background checks, personnel termination procedures).
2. Procedural Security (documentation processing, manifest procedures, shipping and receiving, cargo discrepancies).
3. Information Technology Security (password protection, accountability).
4. Security Training and Threat Awareness.
PHASE 3 -- BUSINESS PARTNER REQUIREMENTS:
During the final phase, existing member importers will be afforded 180 days from the March 25 effective
date to address the Business Partner Requirement elements. Importers must have written and verifiable processes for the selection of business partners including manufacturers, product suppliers, and vendors,
and documentation substantiating that business partners throughout their supply chain are meeting C-TPAT security criteria, or equivalent supply chain security program criteria administered by a foreign
Customs administration.
Action:
As of
this moment, CBP has stated it will begin to request that containerized cargo crossing Northern and Southern borders, to be sealed beginning MAY 26, 2005.
Containers are defined as a 20' or 40' ocean
container, an aircraft container, a truck trailer or any other type of container that is equipped to carrier merchandise from point to point. Therefore truck trailers coming from Canada to the U. S. are
considered containers.
Cargo seals are used worldwide to ensure the integrity of containerized cargo moving from point to point within the supply chain.
Seals will not be acceptable for use on
cargo loaded trailers arriving in the United States lanes, unless they meet the standards, specifications, and identification requirements of 19CFR24.13a (a), (b), and (c).
More detailed information
is available here.
These specifications are further elaborated on in ISO/PAS 17712. Unique markings and numbers that
are readily legible shall identify seals; markings intended for unique identification of the seal shall be considered permanent. Any modifications of markings shall require irreversible physical, chemical,
heat or other destruction of the security seal.
According to some CBP contacts, these seals can be purchased at an estimated cost of somewhere in the neighborhood of $0.90 each to about $1.50 each.
Considering the high security intent of the seal specifications, the cost is very likely to be higher.
Sealing is the responsibility of the importer of record, who is usually the shipper, but this
responsibility might, in some cases, be to the carrier. At this point, it is not clear what will happen at the border if an unsealed truck shows up - because this is a C-TPAT requirement, the importer and/or
possibly the motor carrier may stand to lose its C-TPAT status. Because C-TPAT is a voluntary program, it is doubtful that trucks will be refused entry into the U.S. However, failure to comply with the
container security criteria may jeopardize the importer's voluntary C-TPAT status. C-TPAT importers receive significantly reduced trade and enforcement inspections and may be eligible to participate in other
CBP low risk programs.
For more detailed information regarding "C-TPAT Importer Security Criteria" located at the following link on www.cbp.gov: here. For more detailed information regarding sealing procedures that conform
with the ISO 17712: go here.
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