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Port
Security Bill Passes
Congress passed the Security and Accountability for Every
(SAFE) Port Act of 2006, H.R. 4954, the first legislation of
its kind to authorize an annual federal funding level to
help secure United States ports against terrorism.
Initially, members of Congress argued for 100 percent
examination requirements for ocean containers and air cargo,
but when the National Custom Brokers and Forwarders
Association of America (NCBFAA) members attended their
Government Affairs Conference in September, they ensured
that Congress was aware that 100 percent examination would
completely halt trade.
Highlights of the bill include:
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All containers
entering the 22 largest ports (by volume) will, by
the end of 2007, be “scanned” by using non-intrusive
imaging equipment for radiation. (Sec. 121(a)) |
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Within one year, the
Department of Homeland Security (DHS) will conduct
random inspections of containers, in addition to
those otherwise specifically identified for
inspection. (Sec.123) |
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A major concern for
the trade community has been requiring a plan for
post-incident resumption of trade. The bill
specifies that preference for resumed processing be
given to cargo originating in Container Security
Initiative (CSI) ports, as well as Customs Trade
Partnership Against Terrorism (C-TPAT) participants,
scanned cargo, and screened cargo. (Sec. 202)
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In improving
the Automated Targeting System (ATS), DHS will
require the submission of “additional non-manifest
data,” 24 hours prior to lading overseas. (Sec. 203) |
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C-TPAT is recognized
as a formal CBP program, but remains voluntary and
non-regulatory. Brokers, carriers and forwarders are
specified as participants. Tier I may include the
incentive that the ATS score would be reduced
(subject to a percentage cap); Tier II benefits may
include reduced scores, reduced examinations,
priority searches and expedited release during all
threat levels. The bill also calls for an increase
in at least 50 people to serve as full-time C-TPAT
personnel. (Sec. 211-223) |
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A 100 percent
scanning program test will be established at three
foreign seaports, with a follow-up report by DHS to
Congress with analysis and recommendations. (Sec.
231) |
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The bill provides for
100 percent screening (i.e., review of data) and 100
percent scanning of foreign containers identified by
the screening as high risk. (Sec. 232) |
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CBP is statutorily
reorganized, providing for an Office of
International Trade, transferring the assets of the
Office of Strategic Trade and the Office of
Regulations and Rulings. Some constraints are placed
on moving personnel associated with textiles and
apparel. (Sec. 402) |
Avalon ensures that its
clients are aware of key issues in international trade and
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Project Shipments
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Cargo Legal
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Special Cargo
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To find out more, select our Cargo
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cargo
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For further information, please
contact your local Avalon office or Andriana Davis, Product
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can be reached at her direct line: 847-700-8087 or via
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adavis@avalonrisk.com. To view a directory of Avalon’s
office locations, please visit our Web site at
www.avalonrisk.com.
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