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The new 24-hour rule mandating
shipowners on advanced notice of
manifests for all US-bound cargo
that will come into effect on
February 2 is expected to be
strictly enforced by the US Customs.
US Customs has declared that from
that date data that is incomplete or
late will not be tolerated.
US Customs' definition of incomplete
data included vague descriptions
such as "freight all kinds" or a
lack of description of the cargo.
The new measure, introduced by US as
part of its on-going maritime
security initiative, is aimed at
providing US authorities with the
opportunity for database
cross-referencing.
The new rule is expected to provide
US Customs 24-hour window to check
shipper declarations made on the
manifests they receive from foreign
ports.
The 24-hour AMS rule requires all
ocean carriers or NVOCCs to present
a complete cargo manifest to US
Customs at least 24 hours prior to
cargo loading on vessels calling at
US ports.
The rule extends to imports as well
as to cargo remaining on board the
vessel for subsequent discharge at a
non-US port.
Furthermore, by using this time to
also cross-check company and
individual identities with IRS,
intelligence reports and other data
at their disposal, the US will
advance the chances of detecting
terrorist activity as well as
assisting its trading partners.
The US-based World Shipping Council
said in a statement, "We strongly
recommend that all carriers,
shippers and marine terminals
handling US destination cargo
operate with full recognition of the
clear statements by the US Customs
Service that there will be no
extension of time beyond February 2
for enforcement of the new
requirements, and that penalties for
noncompliance can be substantial".
Mandatory items US Customs will be
looking for when shippers file
manifests include clear cargo
descriptions as opposed to
previously acceptable "said to
contain" or consolidated shipment".
The group added all information
items on the cargo declaration forms
must be filled accurately and
completely.
More importantly, declarations must
be filed 24 hours before a ship is
loaded prior to departing from a
foreign port bound for the US.
In addition, the Council also
reminded non-vessel operating common
carriers that they must file cargo
manifests by becoming Automated
Manifest Members (AMS) themselves or
filing directly with US Customs, or
by using a third party service
provider, or asking the ocean
carrier to file their cargo
declarations.
The council added that it would seek
greater clarity on certain aspects
of the 24-hour rule in the weeks to
come, and has urged US Customs to
not penalize parties who are trying
good faith to comply with the new
rules for violations of requirements
that deserve further guidance from
the agency. |
