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C-TPAT Minimum Security Criteria for Brokers Due Out Soon , Etc.

The Pacific Coast Council of Customs Brokers and Freight Forwarders Associations held its annual Western Cargo Conference (WESCCON) on October 19-21, 2006 in Irvine, CA, during which officials from U.S. Customs and Border Protection (CBP) spoke.

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Highlights of one official's remarks regarding the Customs - Trade Partnership Against Terrorism (C-TPAT) include the following:

Minimum security criteria for brokers due out soon. According to Bryant Van Buskirk, Supervisory Supply Chain Security Specialist with the Los Angeles Field Office, the minimum C-TPAT security requirements for customs brokers are being finalized and publication is expected in the next few weeks. New security requirements will likely result in some brokers being suspended from the program. Van Buskirk emphasized CBP's willingness to work with brokers; however, he noted that those who show no commitment to C-TPAT will be removed from the program.

C-TPAT Security Link Portal: Van Buskirk also stated that use of the C-TPAT Security Link Portal is now a requirement. Applications are considered withdrawn if the applicants have not uploaded their profiles into the portal. There is also a requirement for re-certifying the profile on-line by October 1st of each year.

C-TPAT certification reviews: A question was posed concerning inconsistencies in the certification process with regards to the time it takes to complete the reviews and differing responses to identical information (what was OK for one company is not for another). Van Buskirk stated that CBP is laying in policies and procedures and creating training for personnel so the situation should improve. It was also noted that determinations are made on a case-by-case basis; what appears identical may have other factors involved.

C-TPAT validations: The official stated that CBP's target validation goal is to be at 65% program-wide by year end (January 1, 2007). CBP is reaching out to certified partners and will work with all of those who make an effort and show commitment to the program. The differing judgment by validators was addressed and it was noted that all validation reports are reviewed by management. The validation report will contain requirements and recommendations from CBP, and requires a response within 90 days. Brokers must respond by submitting a new action plan addressing each issue raised in the report. It was noted that the main area of shortfall found in the validation process has been in the Business Partner Selection Process.

C-TPAT suspensions: Van Buskirk stated that CBP will not take certification away at validation unless there is gross negligence. In that case, there are 90 days to protest the suspension and CBP has 180 days to respond back.

Broker procedures: Brokers inquired about identifying postal carriers and UPS delivery personnel, noting that this can be problematic because they may not cooperate due to time constraints with their daily schedules. It was noted that positive identification can be accomplished by personal recognition (i.e. this person comes in every day and you know him) rather than requiring his photo ID badge each time. Van Buskirk indicated that postal carriers are U.S. government employees, so greater concern should be given to private sector employees.

Voluntary nature of C-TPAT to remain: The official stated that C-TPAT has been determined to be successful because it is voluntary. In the SAFE Port Act it is voluntary. There is no plan to change the voluntary basis of the program.