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DHS Outlines Efforts to Implement Remaining Aspects of MTSA Container Security Requirements

In a June 15, 2004 speech, Deputy Secretary of Homeland Security James Loy outlined efforts being made to implement certain remaining aspects of the Maritime Transportation Security Act of 2002 (MTSA) (Pubic Law 107-295) as they relate to improving container security.

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Among other things, MTSA requires a cargo tracking and screening system for containers; requires the establishment of standards for container seals and locks; requires U.S. and foreign port security assessments, amends the Trade Act of 2002 with regard to mandatory advanced electronic cargo information; etc.

According to the Coast Guard, certain MTSA security measures become effective on July 1, 2004, a date consistent with the entry into force of changes to the International Convention for the Safety of Life at Sea (SOLAS) and the International Ship and Port Facility Security (ISPS) Code requirements.

Cargo Policy Working Group's Efforts to Implement Certain MTSA Requirements

According to the Deputy Secretary, DHS has assembled a "cargo policy working group", in which the Transportation Security Administration (TSA), U.S. Customs and Border Protection (CBP), Coast Guard, and others throughout DHS and the federal government participate. This group has also reached out to the private sector, particularly through the Advisory Committee on Commercial Operations of the U.S. Customs and Border Protection (COAC).

The Deputy Secretary states that the cargo policy working group is involved with the following projects to implement the remaining aspects of MTSA as it relates to container security:

Standards for seals and locks. The working group is developing standards for seals and locks that protect containers from tampering and thus further secure ports and businesses from attack or misuse. The Deputy Secretary states that this will result in better physical security standards across the supply chain.

Working standards for secure systems of transportation. The working group is also collaborating to establish working standards for "secure systems of transportation" that look at the supply chain holistically, from the point of origin to the destination, in order to apply a comprehensive framework for cargo security. One of the aspects of this process is the development of a "gap analysis" that will overlay existing efforts on a real-time picture of the supply chain. The Deputy Secretary states that this will provide DHS with a complete view of its programs, identify overlaps or holes in DHS' activities, and inform its strategy for allocation of resources in the future.

Incorporating performance metrics. According to the Deputy Secretary, the working group is not only developing standards, but asking the question "are we safer?" The Deputy Secretary notes that the working group is incorporating performance metrics into container security, as well as into other efforts to secure the supply chain, that will allow DHS to monitor its efforts and answer this critical question.

In addition, the Deputy Secretary noted that DHS is also undertaking the following:

Evaluation of available technologies. Through Operation Safe Commerce (OSC), and with partners from Customs-Trade Partnership Against Terrorism (C-TPAT), DHS is in the process of evaluating available technologies in the real world environment to help increase container security and prevent their use as vehicles to transport illicit materials. In addition to sealing standards and techniques, DHS is testing and evaluating the technology and design of a Container Security Device, a kind of electronic seal that would further guard against tampering.

(See ITT's Online Archives or 01/08/03 news, 03010825, for final installment of BP's summary of the MTSA's requirements, with links to earlier installments. See ITT's Online Archives or 06/06/03 news, 03060615, for BP summary of a House subcommittee hearing on MTSA's implementation.

See ITT's Online Archives or 04/21/04 news, 04042110, for BP summary of Coast Guard's preparations for MTSA/ISPS implementation.)

Coast Guard MTSA-ISPS information site & help desk available at http://www.uscg.mil/hq/g-m/mp/index.html

Deputy Secretary's Remarks at the National Cargo Security Council Annual Convention (dated 06/15/04) available athttp://www.dhs.gov/dhspublic/display?content=3719