CBP Issues its Implementation Plan for the New C-TPAT Security Criteria for Importers

CBP states that these new minimum-security criteria for importers, which CBP and the trade have worked collaboratively to develop, are effective March 25, 2005.

For New Importers Wishing to Join C-TPAT

According to CBP, importers wishing to join the C-TPAT program on or after March 25, 2005, will need to meet or exceed the security criteria before they will be 'certified' and eligible for benefits.

Applications for new membership will only be accepted electronically, via the C-TPAT web-based online application, with the submission of a completed, comprehensive security profile that will also be required at time of application.

For Existing C-TPAT Member Importers (3-Phase Implementation)

CBP states that for importers who are already a member of the C-TPAT program, having completed and received the memorandum of agreement signed by CBP, a gradual, phased implementation approach will be followed which provides existing members more time to address the security measures outlined in the criteria.

The components outlined in the security criteria document have been segmented into three distinct phases, each with their own timeline:

Phase 1 - hardening the physical supply chain (60 days)

Under the first phase, existing member importers have 60 days from the March 25 effective date to address the following three security criteria:

1. Container security (seals, inspections, storage)
2. Physical Security (fencing, lighting, parking, building structure, locking devices and key controls, lighting, alarm systems, video surveillance cameras)
3. Physical access controls (employees, visitors, deliveries, challenging and removing unauthorized persons)

Phase 2 - internal supply chain management practices (120 days)

Within 120 days of the March 25 effective date, existing member importers will review and enhance the more internal or procedural security elements:

1. Personnel security (pre-employment verifications, background checks, personnel termination procedures)
2. Procedural security (documentation processing, manifest procedures, shipping and receiving, cargo discrepancies)
3. Information technology security (password protection, accountability)
4. Security training and threat awareness

Phase 3 - business partner requirements (180 days)

During the final phase, existing member importers will be afforded 180 days from the March 25 effective date to address the Business Partner Requirement elements. Importers must have written and verifiable processes for the selection of business partners including manufacturers, product suppliers, and vendors, and documentation substantiating that business partners throughout their supply chain are meeting C-TPAT security criteria, or equivalent supply chain security program criteria administered by a foreign Customs administration.

Certifications

According to CBP, existing C-TPAT member importers will not be required to provide a written certification that the security criteria have been met, nor will previously submitted and accepted security profiles need to be resubmitted.

It will be understood that importers must meet or exceed these baseline security criteria by the end of each implementation phase.

CBP states it will continue to use validations to gauge whether or not importers have adopted these security criteria. Those importers found to be deficient may have benefits suspended, or be removed from the program entirely.

Frequently Asked Questions, etc

To assist in the implementation of these security criteria, CBP will issue a Frequently Asked Questions (FAQ) document, which will be update periodically. In addition, the trade is encouraged to submit questions to the C-TPAT Industry Partnership at Industry.Partnership@dhs.gov .

In closing, CBP states that as a voluntary, incentive based supply chain security program, the new C-TPAT security criteria for importers are risk based, flexible, and designed to help CBP achieve its twin goals of security and facilitation. CBP states it will continue to work with members who demonstrate a commitment towards strengthening their entire supply chain, and benefits will be provided accordingly.

(See ITT's Online Archives or 03/25/05 news, 05032505, for BP's update on C-TPAT for importers noting that only online applications are accepted and new C-TPAT security standards apply.

See ITT's Online Archives or 03/23/05 news, 05032310, for BP summary of CBP's posting of the online application and instructions.)

C-TPAT security criteria implementation plan for importers (dated 03/25/05), available at

http://cbp.gov/linkhandler/cgov/import/commercial_enforcement/ctpat/criteria_importers/implementation_plan.ctt/criteriaImplementation2.doc

C-TPAT for Importers application web page, at http://cbp.gov/xp/cgov/import/commercial_enforcement/ctpat/importers/

C-TPAT for importers link to "new security criteria' web page http://cbp.gov/xp/cgov/import/commercial_enforcement/ctpat/criteria_importers/