ADVANCE MANIFEST DATA LEADS U.S. CUSTOMS TO SEIZE SHIPMENTS
Officials of the U.S. Bureau of Customs and Border Protection said ocean transport companies' cooperation in 24-hour advance manifest filing is paying off in the war on terrorism.
Customs Commissioner Robert Bonner said information gained from the required electronic filing of manifests 24 hours prior to loading U.S.-bound cargo on vessels overseas has contributed to some undisclosed seizures of shipments.
'The 24-hour rule is having some beneficial effects and has been helpful in identifying' some suspicious cargos, said Bonner, speaking to the Treasury Advisory Committee on Commercial Operations (COAC) on April 4. 'We have uncovered a number of things that we wouldn't have because of the 24-hour rule and Container Security Initiative that have not reached the United States.'
Steamship lines and non-vessel-operating common carriers have borne the cost of technology upgrades to link with Customs' Automated Manifest System (AMS) and some NVOs have experienced delays with their cargo because of miscommunication regarding Customs' clearances. Many industry critics argue that government-mandated security measures to protect freight transportation only hinder trade, not terrorists.
Bonner later told American Shipper that pre-filed manifest information 'has led to the discovery at least of some materials of concern.'
Brian Goebel, a key Bonner aide and policy advisor said, 'more than a handful and less than a dozen' containers have been seized during the last couple of months since the 24-hour rule was fully implemented that have 'law enforcement significance.' Goebel said he was not referring to narcotics seizures or anything as dramatic as nuclear material.
The Customs officials would not confirm a report that inspectors seized a shipment of automatic weapons.
Officials remain vague about details, due to the ongoing nature of the investigations and the reluctance of a CSI partner nation to publicize incidents. Nonetheless, they recognize the need to show the trade community that its sacrifice is not being wasted.
'It's not just a matter of getting the data at the right time. We are having some tangible success,' Goebel said.
Bonner, meanwhile, said Customs would begin the next phase of enforcing the 24-hour advance manifest rule for inbound ocean shipments on May 4. Since February, Customs has focused on making sure carriers submit accurate cargo descriptions through AMS and has cracked down on the use of vague terms such as 'freight of all kinds' and 'said to contain.' Next month Customs will begin to penalize companies that do not submit their data on time, he said. Customs will conduct post-departure audits to review whether the required 24-hour notice was provided.
Customs plans to assess penalties of up to $5,000 for each missed manifest deadline, according to a client note issued by the law firm of KMZ Rosenman.
Most companies are not having a problem complying with the deadline, Bonner said.
On May 15, Customs will take enforcement action against carriers and intermediaries that do not list the name and address of the consignee, and use the terms 'to order of shipper' and 'freight remaining on board,' Bonner added. Customs will issue 'Do Not Load' messages to carriers with inadequate consignee information, according to the KMZ memo.