CBP Posts Additional Question and Answers from the November 2005 Trade Symposium (Part II - Final)
U.S. Customs and Border Protection (CBP) has posted an updated version of its list of answers to questions submitted by the trade community at its November 2005 Trade Symposium. This updated version contains answers to 20 new questions, etc.
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(See ITT's Online Archives or 01/26/06 and 03/22/06 news, 06032240 1 and 06012605 for BP summaries of CBP's prior postings of additional questions and answers from the Trade Symposium.)
This is Part II, the final part of a two-part series of summaries on these updated Q&As, and highlights the remaining new questions. (See ITT's Online Archives or 04/17/06 news, 06041705, for Part I, which highlights additional new questions.)
Highlights of the 20 New Q&As on WCO Framework
The following are highlights from the 20 new questions answered by CBP regarding the World Customs Organization's (WCO's) Framework:
Does CBP plan to have CSI at air locations to allow for an 'air' green lane? CBP states that it continues to explore different approaches to enhancing air cargo security through efforts such as the WCO Framework, which includes working with foreign Customs officials to ensure inspection of cargo deemed high-risk.
Will partnerships like C-TPAT at some time become legislated requirements? CBP states that a WCO Member's commitment to implement the WCO Framework is voluntary. As part of this voluntary commitment, WCO Members agree to establish Customs-Business partnership programs that offer tangible benefits to the trade in exchange for meeting minimum security requirements. Customs administrations do not have to require participation in these Customs-Business partnership programs; they may be voluntary like the Customs-Trade Partnership Against Terrorism (C-TPAT).
Who should validate authorized economic operators, and how likely is mutual recognition? CBP states that the WCO Framework provides that "the Customs administration, together with representatives from the trade community, will design validation processes or quality accreditation procedures that offer incentives to businesses through their status as Authorized Economic Operators."Once national Customs-Business partnership programs that meet the requirements of the WCO Framework and are of equal rigor to C-TPAT are created, CBP states that it would be able to consider mutual recognition.
Under the WCO Framework, will the U.S. still prohibit providing a copy of the SED to a foreign Customs regime?CBP states that it is already engaged in discussions with other U.S. government agencies and departments on potential data sharing provisions between traders and Customs administrations to allow for the fulfillment of security-related risk management protocols. CBP states that data protection will remain a top priority as WCO Framework implementation progresses, and certain aspects of export data sharing and restrictions, whether regulatory or policy oriented in nature, must be addressed as this process moves forward.
What countries will CBP offer capacity building assistance to? CBP states that it has made offers of capacity building assistance to eleven countries, not all of which have responded to these offers yet. CBP is one of several WCO Members that will provide capacity building to support Framework implementation. These Members include Japan, Canada, Australia, New Zealand, and the European Commission.
What is the strategy to implement the WCO Framework seal integrity program? CBP states that the WCO Framework's Seal Integrity Program for Secure Container Shipments will provide a global platform for promoting the introduction of progressive seal regimes as well as the further development of container sealing technologies. Seal integrity regimes are affected through voluntary programs like C-TPAT as well as through regulation. At this time, the WCO Framework plays an important role in the development of voluntary seal requirements that lead to tangible benefits for businesses that invest in these sealing measures. In addition, DHS with the trade have developed a container sealing regulatory requirement, which is currently in departmental review.
Does an importer's status as a C-TPAT participant have any bearing on CSI container screening? CBP states that personnel at CSI ports have the same information regarding shipments as CBP personnel at the U.S. port of arrival. This being said, the shipment would have the same likelihood of being examined as in a U.S. port.
Who is told when an original seal is removed and a new seal is placed on the container in a CSI port? CBP states that when a container is physically examined at a CSI port at the request of CBP, the original seal is broken in the presence of the shipper and a CBP "bolt" seal and CSI tape is placed on the container. The shipper is aware of the new seal and would be responsible for notifying any related parties of the new seal.
What is the status of planning for "interoperability" between WCO Framework signature countries and agencies?CBP states that WCO Members that agree to implement the WCO Framework also commit to implementation of the WCO Data Model. The WCO Data Model sets out a maximum set of data requirements and standardizes electronic messaging formats based on UNEDIFACT. According to CBP, the WCO Framework also requires the development and implementation of Single Window systems that will provide "interoperability" among customs systems and trade agencies as well.
CBP's updated Q&A (dated 04/10/06) available at