FWS Reminder to Airline and Trade Community That it May Request Air Cargo Information
The Fish and Wildlife Service (FWS) has issued a notice stating that U.S. Customs and Border Protection (CBP) has recently implemented Section 343(a) of the Trade Act of 2002, which mandates the collection of advance electronic cargo information. CBP collects and accesses this information through its Air Automated Manifest System (AMS).
Sign up for a free preview to unlock the rest of this article
If your job depends on informed compliance, you need International Trade Today. Delivered every business day and available any time online, only International Trade Today helps you stay current on the increasingly complex international trade regulatory environment.
As it cannot access AMS, FWS is reminding trade partners and import/export customers that it may also request this information from the airline industry by different means when needed, in order to promote compliance and facilitate enforcement of wildlife trade laws and regulations.
FWS Has Authority to Detain/Inspect Aircraft, Packages, Etc.
The Endangered Species Act (16 U.S.C. 1540(e)) and the Lacey Act (16 U.S.C. 3375(b)) grant authority to FWS to detain for inspection and inspect any vessel, vehicle, aircraft, or other conveyance; or any package, crate, or other container including its contents, and all accompanying documents upon import or export.
Under this authority, FWS states that it may request documents or other manifest information. These requests will originate at the local level from FWS officers at the ports of entry/exit.
(Beginning on August 13, 2004 for ports in the Eastern U.S. and October 13, 2004 for ports in the Central U.S., CBP implemented its requirement that advance electronic information be presented for inbound air cargo through Air AMS. CBP will implement its advance electronic information requirements for ports in the Western U.S. on December 13, 2004.
See ITT's Online Archives or 03/04/04 news, 04030405, for BP summary of CBP's notice listing the states associated with each implementation date.)
FWS contact - Office of Law Enforcement R9LE_www@fws.gov
FWS public bulletin (dated 12/02/04) available at http://www.le.fws.gov/PubBulletins/PBAirlineTrade.htm