Asst Commissioner Speaks on CBP Under Bersin, Untimely ISFs, Etc.

Highlights of the Assistant Commissioner’s remarks include the following:

Bersin’s Goals Include Reduced Costs for Trade & Revised Relationship

According to Winkowski, the Commissioner believes CBP has to do a lot more to reduce transportation costs and delays, if the U.S. wants to keep up with India and China. He also believes CBP must review its partnership with the trade and other stakeholders.

He said that the Commissioner envisions ‘true North American’ trade, using C-TPAT, electronic manifests, and the ACE reports dashboard, so that a truck can go from Montreal to Mexico City without stopping. He is thinking big and thinking differently. He offers a fresh view.

(See ITT’s Online Archives or 02/07/11 news, 11020729, for BP summary of U.S.-Canada declaration on perimeter approach for security and trade. See ITT’s Online Archives or 01/27/11 news, 11012735, for BP summary of Secretary Clinton’s remarks with Mexican officials on inspecting and clearing goods beyond border stations. See ITT’s Online Archives or 03/04/11, 11030433, for BP summary on CBP’s desire for a public/private partnership to fund U.S. and Mexico border infrastructure.)

More Accountability for Field Ops, “Early Release” Rule for Land Borders

According to Winkowski, the Commissioner has instilled a new discipline in Field Operations -- he has made a line in the sand -- and requires everything at Field Ops to adhere to the line, bringing new focus and accountability.

Winkowski also said that Bersin is thinking about a 24 hour-style rule for land borders, so that goods can be released early like maritime shipments.

Resolving Issues Informally (Like Yemen), Instead of Making New Laws

Bersin thinks the way CBP, TSA, and express consignment operators resolved air security concerns after the Yemen incident, is the way problems should be resolved in the future -- quickly, with key parties, and no need for legislation.

With Yemen, government and the trade agreed on an entirely new approach for getting advance air information, and in a relatively short period of time, UPS and FedEx were sending certain shipment data (12 elements, with only five really needed for targeting) 12-42 hours prior to putting the goods on the airplane. And it was all done in the spirit of cooperation.

(Congress had wanted the information 72 to 100 hours in advance, but Bersin said that government needed to fit into the private sector business model.)

(See ITT’s Online Archives or 02/09/11 news, 11020909, for BP summary of Bersin meeting with trade on air cargo security and C-TPAT. See ITT’s Online Archives or 01/21/11 news, 11012125, for BP summary of TSA’s goal of 100% screening of inbound air cargo on passenger airline by Dec 31.)

Key is “Not Bothering” Trusted Shippers for Segmenting Risk

With respect to Centers of Excellence and Expertise, the first CEE is for pharmaceuticals, a complicated and highly regulated industry. Bersin was very clear about working with trusted shippers. He wants to come to an understanding with them, and then “not bother them,” so CBP can use its resources to focus on other areas -- Winkowski said this is key to the Commissioner’s vision of segmenting risk.

The CEE is stemming the number of CF 28s (requests for information) being issued due to concerns that include counterfeiting and unsafe products. With the CEEs, Winkowski said that everyone is doing things differently, noting that there are really “only five ports” where pharmaceuticals come in with any frequency.

(See ITT’s Online Archives or 10/29/10 news, 10102910, for BP summary of Bersin wanting risk segmentation for trade, larger role for brokers.)

Also Key is OGAs, Which Now Have a Protocol for Resolving Disagreement

Regarding other government agencies, Winkowski said that “if we are going to be successful, CBP has to stop dancing around the OGA issue.” He said that in his 36 years of service at CBP, he had never seen a commissioner pull together the heads of all the agencies for an all-day meeting, something that Bersin did in October with regard to import safety. He said that the OGAs have to ‘sing off the same sheet of music.” CBP and the ten participating OGAs began to go down that road with their October agreement on import safety.

Winkowski said that resolving OGA issues is important, that it is key ‘going down the road.’ In the past, if the agencies could not get consensus on an issue, there was no national approach for dealing with it, and they were stymied. Now, when the agencies get to that point, the White House national security staff will make a decision, and the process can move forward.

(See ITT’s Online Archives or 10/22/10 news, 10102210, for BP summary.)

Winkowski Says Northern e-Manifest and DIS are ACE Successes, ITDS is Needed

Winkowski noted that it was critical to have ACE, to get it up and running. There have been some successes, the Northern Border e-manifest and the recent document imaging system (DIS).

At the end of the day, ITDS is needed, and “we all know it’s a big piece.” It needs to be delivered. CBP is focusing a great deal of its time and energy on it, and notes that it may be tested this spring.

(See ITT’s Online Archives or 03/02/11 news,

Limited Budget Will Require a More Efficient, Corporate Approach

According to Winkowski, the limited budget CBP expects represents a number of challenges that will be worked through. CBP has to be effective with its monies, and take a more corporate approach, rather than have stove pipes. CBP can’t stand in the way of trade due the delicate economy. The agency does not expect to get a lot of new staff, and will have to work very hard to with the Office of Personnel Management (OPM) for anything in that area.

Can’t Keep Postponing Enforcement for Untimely ISFs

CBP has worked out the issues associated with Importer Security Filings and other 10+2 issues. He stated that ISFs have helped some large companies save money with the increased visibility of their shipments. He stated that CBP is still on the informed compliance side, and that before there are any changes, CBP will consult with the trade. All penalties will be issued out of headquarters. Regarding enforcement, CBP cannot keep “kicking the can down the road.” The problem now is not with non-filing, but with timely filing.

(See ITT’s Online Archives or 01/20/11 news, [Ref:11012028">11030243}, for CBP update on ACE and DIS.)

Limited Budget Will Require a More Efficient, Corporate Approach

According to Winkowski, the limited budget CBP expects represents a number of challenges that will be worked through. CBP has to be effective with its monies, and take a more corporate approach, rather than have stove pipes. CBP can’t stand in the way of trade due the delicate economy. The agency does not expect to get a lot of new staff, and will have to work very hard to with the Office of Personnel Management (OPM) for anything in that area.

Can’t Keep Postponing Enforcement for Untimely ISFs

CBP has worked out the issues associated with Importer Security Filings and other 10+2 issues. He stated that ISFs have helped some large companies save money with the increased visibility of their shipments. He stated that CBP is still on the informed compliance side, and that before there are any changes, CBP will consult with the trade. All penalties will be issued out of headquarters. Regarding enforcement, CBP cannot keep “kicking the can down the road.” The problem now is not with non-filing, but with timely filing.

(See ITT’s Online Archives or 01/20/11 news, [Ref:11012028, for BP summary stating that CBP to soon move toward liquidated damages phase of 10+2 enforcement.)

(See ITT’s Online Archives or 02/25/11 news, 11022520, for BP summary that trade is seeking Senate confirmation of Bersin, so he remains Commissioner beyond December 31, 2011. See ITT’s Online Archives or 03/04/11 news, 11030430, for BP summary on replacing Dan Baldwin with Al Gina as Assistant Commissioner for the Office of Trade.)