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CBP Summary of February 14, 2007 COAC Meeting (Next Meeting is May 15th)

U.S. Customs and Border Protection has posted to its Web site a summary of the meeting of the Departmental Advisory Committee on Commercial Operations of U.S. Customs and Border Protection and Related Homeland Security Functions (COAC), which was held in Washington D.C. on February 14, 2007.

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(COAC's next meeting is on May 15, 2007, also in Washington, D.C. See ITT's Online Archives or 05/03/07 news, (Ref:07050305,) for BP summary.)

Highlights of CBP's summary of the February 14, 2007 COAC meeting include:

Security Filing (10 2) for Maritime Cargo

Regarding its SF (10 2) proposal for collecting 12 additional data elements for imported maritime cargo, CBP reported that it looked at thousands of data elements prior to agreeing on what is necessary for SF (10 2). CBP also reported it has received comments and concerns from approximately 20-30 trade organizations and other interested parties on its set of Frequently Asked Questions (FAQs) regarding its SF (10 2) proposal. CBP added that COAC stressed the need for extensive testing prior to SF's implementation. (See ITT's Online Archives or 03/08/07 news, 07030805, for BP summary of COAC's 37 recommendations on SF (10 2 proposal. See ITT's Online Archives or 02/13/07 news, 07021310, for BP summary of CBP's FAQ.)

Container Security Devices

The Security and Accountability for Every Port Act of 2006 (SAFE Port Act, Public Law 109-347) calls for the Department of Homeland Security to initiate a rulemaking to establish minimum standards and procedures for securing containers in transit to the United States. CBP reported that DHS's Science and Technology Directorate was defining specific requirements for CSD performance, operation and implementation, and that a CSD requirements document was nearing completion. Issues surrounding encryption, vulnerability, performance parameters, and hand-held readers would need to be solidified and weighed against operational, trade, and policy needs.

C-TPAT Validations by CBP and Third Parties

CBP provided an overview of its proposal to address the SAFE Port Act requirement that it implement a one-year voluntary pilot of using third parties to conduct validations of Customs - Trade Partnership Against Terrorism participants. CBP had also stated that this pilot would be conducted in China, and that it was seeking companies to act as third party validators for the pilot.

(To date, CBP stated it had validated 68% of all certified C-TPAT members and will reach 100% by the end of 2007, with the exception of 300 importers who source 75% or more of their imports from China that cannot be validated, due to Chinese government restrictions. However, these 300 C-TPAT importers may apply to participate in this voluntary pilot.)

(See ITT's Online Archives or 04/27/07 news, 07042705, for BP summary of CBP's announcement of this voluntary pilot, which was slated to begin on May 1, 2007, with applications from those wishing to be third party validators due by April 30, 2007.)

Post Incident Trade Resumption (Canada, Maritime)

CBP reported that it is working with the Canada Border Services Agency in accordance with Security and Prosperity Partnership (SPP) recommendation 9.2.7. CBP and CBSA were planning a joint land border tabletop exercise for April 2007 in Vancouver, British Columbia. CBP is also working with the Coast Guard (CG) as part of the SAFE Port Act requirement to develop joint protocols for maritime business resumption.

CBP added that DHS would be providing a draft copy of its SAFE Port Act Cargo Plan in the coming weeks, and that CBP would follow shortly thereafter with a draft of the Canadian land border plan, followed by maritime plans.

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Office of International Trade, Etc.

The SAFE Port Act requires CBP to consult with COAC on issues that have a significant impact on international trade and customs revenue functions. CBP reports that COAC has been consulted on the first significant issue since its passage, the transfer of the trade policy and program functions from the Office of Field Operations (OFO) to the Office of International Trade (OT).

CBP also reports that COAC has previously identified a significant concern - the large number of shipments detained or excluded from entry due to potential trade issues - as possibly restricting legitimate trade. CBP stated it was currently validating these assertions and working on a plan to minimize the impact on the trade while continuing to enforce CBP trade laws.

CBP summary of February 14, 2007 COAC meeting available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_trade/coac/meetings/feb07_meeting/021407_mtg_minutes.ctt/021407_mtg_minutes.doc

List of all attendees (Annex A) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_trade/coac/meetings/feb07_meeting/attendees_feb07.ctt/attendees_feb07.doc

COAC's 37 recommendations for SF (10 2) (Annex B) available at http://www.cbp.gov/linkhandler/cgov/import/communications_to_trade/coac/meetings/feb07_meeting/coac_recommendations.ctt/coac_recommendations.doc (previously offered by BP, see citation above)

BP Note

The February 14, 2007 COAC meeting was co-chaired by CBP Commissioner Basham and Treasury Deputy Assistant Secretary Tim Skud.