Phase 3 Enforcement of Mandatory e-Manifest: Truck for Advance Cargo Information Purposes Begins May 11, 2008 for Alaska
In December 2007, U.S. Customs and Border Protection announced that the phased enforcement of mandatory Automated Commercial Environment electronic manifest: Truck for advance cargo information purposes at all land border ports in Alaska beginning February 11, 2008.
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!
At that time it was determined, and CBP sources have recently confirmed, that Phase 3 for these ports is scheduled to begin on May 11, 2008.
Enforcement of e-Manifest: Truck for Advance Cargo Information to be Phased-in
CBP has stated that e-Manifest: Truck enforcement discretion for advance cargo information purposes will take place in Alaska in the following phases:
Phase 1 - Informed Compliance (February 11, 2008).Beginning February 11, 2008, CBP started to exercise enforcement discretion in the form of an informed compliance period of at least 60 days. This period could have been extended based on system performance issues and operational readiness. During this period, CBP officers working in primary lanes were to provide an informed compliance notice to the driver of any conveyance that failed to meet the requirement.
Phase 2 - Denial of Permit if no ACE e-Manifest Attempt (April 11, 2008).Beginning April 11, 2008, CBP was to deny a permit to proceed into the U.S. to any carrier required to submit an e-Manifest which arrived without submitting or attempting to submit an e-Manifest. CBP officers could have accepted the ACE e-Manifest cover sheet as initial proof of this attempt.
Phase 3 - Denial of Permit if no ACE e-Manifest (May 11, 2008).Beginning no earlier than May 11, 2008 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). 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.
CBP states that questions regarding this notice may be directed to the local port.
(See ITT's Online Archives or 12/04/07 news, 07120405, for BP summary announcing phased enforcement for Alaska, which includes information on shipment types currently exempt from e-Manifest: Truck for advance cargo information purposes; shipment types not specifically exempted, but use of e-Manifest not required; and links to previous BP summaries regarding e-Manifest: Truck.)
CBP enforcement plan (dated 12/07/07) available at http://www.cbp.gov/xp/cgov/trade/automated/modernization/carrier_info/e-manifests_info/trade_act_enforce/emanifest_cluster7.xml