Reminder : CBP to Begin Phased Enforcement of Mandatory e-Manifest: Truck for Advance Cargo Information Purposes in WA, AZ, and Certain ND Ports January 25, 2007
On January 10, 2007 U.S. Customs and Border Protection (CBP) issued an electronic notice announcing the phased enforcement of mandatory Automated Commercial Environment (ACE) electronic manifest: Truck (e-Manifest: Truck) for advance cargo information purposes at all land border ports in Washington and Arizona as well as the ports of Pembina, Neche, Walhalla, Maida, Hannah, Sarles and Hansboro, North Dakota beginning January 25, 2007.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
(See ITT's Online Archives or 10/30/06 news, 06103005, for BP summary of the Federal Register announcement regarding mandatory requirement for WA, AZ and certain ND ports, which states that advanced electronic cargo information be provided to CBP one hour, or thirty minutes for Free and Secure Trade (FAST) participants, prior to the arrival of the conveyance in the first U.S. port of arrival.)
e-Manifest: Truck Enforcement for Advance Cargo Information to be Phased-in
CBP states that e-Manifest: Truck enforcement discretion for advance cargo information purposes will take place in Washington, Arizona, and the above-listed North Dakota ports in the following phases:
Phase 1 - Informed Compliance (January 25, 2007). Beginning January 25, 2007, CBP will begin to exercise enforcement discretion in the form of an informed compliance period of at least 60 days. This period may be extended based on system performance issues and operational readiness. During this period, CBP officers working in primary lanes will provide an informed compliance notice to the driver of any conveyance that fails to meet the requirement.
Phase 2 - Denial of Permit if no ACE e-Manifest Attempt (March 26, 2007). Beginning no earlier than March 26, 2007, CBP will deny a permit to proceed into the U.S. to any carrier, required to submit an e-Manifest, which arrives without submitting or attempting an e-Manifest. CBP officers may accept the ACE e-Manifest cover sheet as initial proof of this attempt.
CBP notes that prior to the beginning of this phase, CBP officers will also be provided with a process they can use to check for transmission attempts by carriers. CBP adds that validation of e-Manifest participation should ideally take place in a secondary inspection environment.
Phase 3 - Denial of Permit if no ACE e-Manifest (April 26, 2007). Beginning no earlier than April 26, 2007 and continuing as ongoing Trade Act enforcement, CBP will deny a permit to proceed into the U.S. for any truck required to submit an e-Manifest that arrives at one of the ports requiring mandatory use of the e-Manifest without first successfully transmitting an e-Manifest for that trip.
For egregious violations, a monetary penalty ($5,000 for the first offense and $10,000 for subsequent offenses) may be issued to the driver in care of the carrier under 19 USC 1436 (penalties for violations of arrival, reporting, entry, and clearance requirements). CBP explains that egregious violators are defined as those carriers that make no attempt to comply with the requirements.
Additional Phases for Timeliness, Accuracy, Etc. Once CBP achieves substantial compliance with the requirements to file e-Manifests, additional phases will be announced for enforcement of other Trade Act elements including timeliness of submission, accuracy of data, and completeness of e-Manifests.
(See ITT's Online Archives or 01/12/07 news, 07011205, for BP summary announcing this phased enforcement, which also provides information on shipments exempt from the e-Manifest: Truck requirement, etc.)
CBP contact- James Swanson james.d.swanson@dhs.gov
CBP enforcement plan (dated 01/10/07), available at http://www.cbp.gov/xp/cgov/toolbox/about/modernization/carrier_info/electronic_truck_manifest_info/ace_enforcement_plan.xml