Security initiatives

Responsible Party(s)

Private sector participation by: airlines, airports, container yards, customs brokers, free zones, freight consolidators, importers/exporters, logistics operators, maritime operators, maritime ports, security and surveillance companies, shipping agencies, shipping lines, transporters, and warehouses

National and regional chapters in Colombia, Costa Rica, Ecuador, Mexico, Panama, Peru, United States, and Venezuela

http://wbasco.org/index-eng.htm

World BASC Organization

Affects: Ocean-going vessels, ports and port facilities

http://www.imo.org/home.asp (select “Safety” then “Maritime Security”)

Prepared by: Sandler & Travis Trade Advisory Services, Inc

Business AntiSmuggling Coalition

BASC

International Ship and Port Facility Security Code

ISPS

International Maritime Organization (IMO)

International Organizations Security Initiatives

Initiative

Ensure security of ships and port facilities Provide a standardized, consistent framework for evaluating risk

Encourage membership to develop and implement voluntary steps to address the risks of narcotics and merchandise smuggling through legitimate trade, as well as the threat of a disruption in the global economy brought about by terrorism • Promote normalization and standardization of procedures within the supply chain, with the purpose of protecting it against risks.

• Offer companies a management tool, which will allow them to maintain and protect their business through high quality security standards and procedures • In coordination with customs administrations and border control agencies, create and maintain an information exchange system, which may facilitate trade between nations that establish risk management and simplified processes •

Requires: • Governments to conduct port facility security assessments, set security levels, identify ports required to designate a Port Facility Security Officer, and ensure completion and approval of Port Facility Security assessments • Ships to carry International Ship Security Certificates, indicating compliance with 1974 International Convention for Safety of Life at Sea (SOLAS) and ISPS • Port Facilities and Ships to have security plans, certain equipment and to designate security officers

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Main Objectives

SUPPLY CHAIN SECURITY INITIATIVES

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Voluntary participation encouraged by governments

Elements are mandatory for IMO member states. Member states will ensure compliance of state flag vessels of other member states though port state inspections.

Implementation Deadline: 7/1/04

Comments

Responsible Party(s)

http://www.cbp.gov/xp/cgov/import/communicati ons_to_industry/advance_info/

U.S. Bureau of Customs and Border Protection (CBP)

Affects: Ocean-going vessels, ports and port facilities operating on or adjacent to waters under U.S. jurisdiction

http://www.uscg.mil/hq/g-m/mp/policy.html

Prepared by: Sandler & Travis Trade Advisory Services, Inc

(Required under the U.S. Affects: all imported merchandise into the United States.

Trade Act of 2002)

Advanced Manifest Rule

AMR or “24 Hour Rule” for Vessel Shipments

U.S. Maritime Transportation Security Act of 2002

MTSA

U.S. Coast Guard

U.S. Legislation/Regulations

Initiative

Seeks to increase global shipping security and better protect U.S. ports and the ships traveling in U.S. waters Promotes preventive security measures and plans to deter threats and provide a framework for response in the event of an attack.

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Provide transparency in the international supply chain Enable high risk shipments to be identified prior to dispatch to the U.S. as a means to ensure cargo safety and security and preventing smuggling (critical for CSI)

Requires: • advance transmission of electronic cargo information to CBP for both arriving and departing cargo by any and all modes of transport (i.e. air, water, rail, road) • For U.S.-bound shipments: ocean vessels to provide information no later than 24 hours prior to departure; aircraft no later than 4 hours prior to arrival; trucks no later than 30 minutes for FAST and 1 hour for nonFAST arrivals; and train no later than 2 hours prior to arrival

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Requires: • U.S. Coast Guard to assess anti-terrorism measures of foreign ports • Port Facilities and Carriers to designate security officers and conduct training and annual exercises/drills • Owners/Operators to conduct security assessments • Carriers to install Automatic Identification Systems on certain vessels

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Developed concurrently with ISPS Code, uses ISPS Code to assess compliance

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Main Objectives

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Mandatory by U.S. Code of Federal Regulations

Implementation Schedule: Vessels: 3/4/2004 Air: 8/13-12/13/2004 (depending on U.S. state) Rail, Truck, CAFES: 90 days after Federal Register notices are published

U.S. Government codification of the IMO/ISPS and enforced through U.S. Code of Federal Regulations

Implementation Deadline: 7/1/04

Comments

http://www.fda.gov/oc/bioterrorism/bioact.html

http://www.cbp.gov/xp/cgov/import/commercial_ enforcement/bioterrorism/

Affects: domestic and foreign food facilities that manufacture/process, pack, or hold food for human or animal consumption in the United States

Food and Drug Administration (FDA) and CBP

Responsible Party(s)

*Participating governments include Belgium, Canada, China, France, Germany, Hong Kong, Japan, Italy, Malaysia, Netherlands, Singapore, South Africa, South Korea, Sweden, Spain, Sri Lanka, Thailand, United Kingdom, European Union

Prepared by: Sandler & Travis Trade Advisory Services, Inc

U.S. Container Security Initiative

CSI

http://www.cbp.gov/xp/cgov/enforcement/interna tional_activities/csi/

U.S. Government (CBP) and Foreign Governments*

U.S. Government-led Security Initiatives

Public Health Security and Bioterrorism Preparedness and Response Act of 2002 or the “Bio-Terrorism Act”

BTA

Initiative

Detect and deter terrorists from using ocean-going containers to transport weapons of mass destruction • Reciprocal program through bilateral treaty posting U.S. Customs officers in host country and vice versa • Utilizes information gathered through the “24 Hour Rule” Requires • Seaports must install non-intrusive inspection (NII) equipment, establish an automated risk management system, share critical information with the CBP, conduct a thorough port assessment and resolve vulnerabilities, and maintain integrity programs • Host country Customs officers to identify and pre-screen containers prior to their departure to the U.S. with U.S. Customs officers observing •

Requires: • domestic and foreign food facilities to register with the FDA in order to expedite the FDA’s identification and location of affected food processors and other establishments in the event of deliberate or accidental contamination of food • electronic submission of prior notice for any shipment of human or animal food imported or offered for import subject to the BTA

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Enabled by bilateral agreements titled Customs Mutual Assistance Agreements

Phase 1: Top 20 foreign megaports shipping to the U.S. Phase 2: Additional ports based on volume, location, and U.S. strategic concerns

On-going

Mandatory by U.S. Code of Federal Regulations

Implementation Schedule: 12/12/03-3/12/04: Holds on BTA shipments deemed a threat 3/13-5/12/04: Penalties for repetitive egregious violators 5/13-8/12/04: Shipment refusals and/or penalty for failure to submit prior notice Beginning 8/13/04: Full enforcement

Protect the health and safety of the people of the United States from an intended or actual terrorist attack on the nation's food supply • Improve the food safety efforts of the FDA in cooperation with the CBP, including new authority to protect the food supply against terrorist acts and other threats •

Comments

Main Objectives

*Private sector participants include: U.S. importers, brokers, carriers, port authorities, warehouses through voluntary written agreements

http://www.cbp.gov/xp/cgov/import/commercial_ enforcement/ctpat/

CBP and trade community*

Affects: select U.S. businesses, ports and local, state and federal government

http://www.tsa.dot.gov/public/display?theme=29 &content=090005198006aa1e

U.S. Department of Transportation and DHS Transportation Security Administration (TSA)

Responsible Party(s)

Prepared by: Sandler & Travis Trade Advisory Services, Inc

U.S. Customs-Trade Partnership Against Terrorism

C-TPAT

U.S. Operation Safe Commerce

OSC

Initiative

Requires private sector member to: • review existing security policies and procedures and create an action plan to strengthen these • communicate commitment to employees and supply chain partners • ensure partners’ compliance with C-TPAT recommendations • undergo a validation by CBP and to conduct ongoing reviews and implement necessary security improvements

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Reduce opportunities for terrorist attack using the international supply chain • Ensure viability of the supply chain by verifying security in every link

Develop and share best practices for the safe and expeditious movement of containerized cargo • Protect the global supply chain while facilitating the flow of commerce • Projects examine technologies and practices while testing innovative solutions in an operational environment • Scrutinize supply chain security through container tracking and tracing technology, non-intrusive detection strategies, and improved seal concepts •

Main Objectives

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Enrollment opened on 8/18/03 to Mexican manufacturers and related parties, and select invited Asian and European manufacturers

Rolling enrollment of companies that voluntarily elect to become members

These are voluntary participants whose experience may be used to develop further regulations by U.S. government agencies.

18 project proposals selected for $58 million in U.S. government funding.

Comments

*Private sector participants include: exporters to the U.S., carriers, manufacturers and other businesses

Target countries are those where BASC chapters exist, including Colombia, Costa Rica, Ecuador, Mexico, Panama, Peru, Venezuela, Jamaica and the Dominican Republic

http://www.cbp.gov/xp/cgov/enforcement/interna tional_activities/partnerships/acsi.xml

CBP and international trade community*

Responsible Party(s)

Prepared by: Sandler & Travis Trade Advisory Services, Inc

Americas Counter Smuggling Initiative

ACSI

Initiative Counter the smuggling of drugs and the possible introduction of implements of terror in commercial cargo and conveyances • Employ best business practices and enhanced security measures to mitigate risks of smuggling and terrorist actions • Assist businesses in developing security programs and initiatives that safeguard legitimate shipments from being used as vehicles for drug smuggling or terrorist actions • Work with foreign governments and law enforcement agencies to help improve their efforts against the contraband smugglers and in their development of industry partnerships •

Main Objectives

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CBP ACSI teams are detailed overseas to provide Customs expertise and security training, speak at seminars, and perform limited site surveys at manufacturing plants and port facilities. They aid in the development and implementation of security programs and initiatives to safeguard legitimate trade from being used to smuggle drugs

Comments