CBP, COAC Release ACAS Recommendations

August 6, 2013 by Tim Warren|Customs

The CBP Advisory Committee on Commercial Operations (COAC) released a set of recommendations for CBP as the agency develops proposed rules for Air Cargo Advanced Screening (ACAS) (see 13072425). The COAC is scheduled to meet on Aug. 7. The ACAS recommendations and CBP responses include:

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Recommendation 1: Establish a self-filer regime that represents the Integrated Carrier--Conventional Carrier business model.

CBP Position:
- The details of the recommendation to establish this self-filing regime removes too much responsibility away from the carrier that is transporting the cargo into the U.S.
- Passenger carriers, or carriers that are transporting cargo into the U.S., are responsible for the security and safety of their aircraft and passengers. As such, they are responsible for verifying with CBP that all ACAS holds are resolved before departing to the U.S.

Recommendation 2: Establish a self-filer regime that represents the Freight Forwarder--Conventional Carrier business model, establishing less stringent responsibilities and conditions for participation.

CBP Position:
- All of CBP’s advance information programs have self-filing regimes, allowing entities to transmit data directly to CBP and take responsibility of the timeliness and accuracy of their data. This will apply to ACAS as well.
- It will be extremely challenging for CBP to allow less stringent requirements for ACAS-only self-filers. CBP relies on the submission of accurate and timely data from Industry to target high-risk cargo and implement its mission. Therefore, regulations need to be applied evenly to all participants.
- It is important to remember that CBP can exercise discretion on a case-by-case basis by policy.