U.S. CUSTOMS ANNOUNCES ADVANCE MANIFEST RULES
U.S. Customs has published its final regulations requiring the filing of cargo manifests 24 hours prior to loading on ships overseas.
“Terrorist organizations pose an immediate and substantial threat to the global trading system,” said Customs Commissioner Robert C. Bonner in a statement today. “With this rule, Customs can better protect the American people and the global trading system as a whole from the threat of nuclear terror using sea containers.”
Since earlier this year, Bonner has said advance manifests would play a key role in the agency’s Container Security Initiative. CSI, which was announced in January, is designed to help protect the United States and a large portion of the global trading system from terrorists who might use container transport to hide weapons of mass destruction and related materials.
In June, the Group of Eight nations and the World Customs Organization endorsed CSI as a way to improve security in the supply chain without disrupting legitimate flows of cargo.
CSI requires bilateral agreements to be created with other governments to target and pre-screen high-risk containers in overseas seaports before they are shipped to the United States. Customs inspectors will also be stationed in CSI ports to work with their overseas counterparts.
So far, Customs has entered into CSI agreements with more than a half-dozen governments in Europe and Asia. Last weekend, China agreed in principle to join CSI.
“Because of CSI’s rapid growth and critical role in homeland security, it is necessary that Customs immediately begin receiving the advance manifest information required for CSI implementation, electronically (through Customs Automated Manifest System) or otherwise,” the agency said.
Customs said it received 78 comments regarding the proposed regulation, which was announced in August. The agency said it “significantly amended the regulation” based on the comments.
For example, the final regulation exempts vessels carrying bulk cargo and also explains how confidentiality of manifest information will be protected.
“The need to have a secure transportation system goes without question. The rule should be beneficial in helping to meet this objective,” said Peter Gatti, vice president of international policy for the National Industrial Transportation League. “But there are still many questions that will need to be answered.”
“It’s our intention to work closely with the agency in implementing the rule in a way that balances everyone’s desire to have a safe and secure system of transportation without impeding the ability of freight to move efficiently and effectively as possible,” Gatti said.
“We’re encouraged that Customs listened to the non-vessel-operating common carrier industry’s comments,” said Carlos Rodriguez, counsel for the NVOCC-Government Affairs Conference. “We look forward to working with Customs to make this work.”
The final regulation becomes effective 30 days after publication in Federal Register (http://www.access.gpo.gov/su_docs/fedreg/frcont02.html), which is expected Oct. 31. The rules will also be available on Customs’ Web site: http://www.customs.gov. Customs said it would delay enforcement of the rule for 60 days after its effective date.
A copy of the manifest rules is available in PDF format here. The agency asked the Treasury Department’s Advisory Committee on the Commercial Operations of the U.S. Customs Service (COAC) to set up a special subcommittee to advise Customs on operational issues arising from the implementation of the advance manifest regulations.
“This special subcommittee will allow Customs to maintain an open dialogue with the trade on potential implementation issues,” Bonner said. “It is imperative that the trade community and Customs continue to work together.”