*EPF407 01/16/2003
Text: U.S. Customs Implementing New Maritime Anti-Terrorism Regulation
(A 24-hour reporting rule will become effective February 2) (1670)

The U.S. Customs Service is implementing February 2 a new maritime regulation designed to identify and eliminate potential terrorist threats from cargo ships before they sail for the United States, says Customs Commissioner Robert Bonner.

The Advance Manifest Regulation, or so-called "24-hour rule," will require that shippers and ocean carriers provide U.S. Customs with manifest information for oceangoing containerized cargo 24 hours in advance of "lading," that is 24 hours before it is loaded on board a vessel for shipment to the United States.

Bonner discussed this and other Customs Service efforts to enhance national security during a briefing at the Washington Foreign Press Center January 14.

The 24-hour rule was first proposed in August 2002, Bonner said. "I believe we have provided sufficient time for the change of business practices needed to comply with the 24-hour rule."

Vague descriptions of cargo on ships or blank descriptions will not be accepted, he said, and where there is no information provided 24 hours before loading, permits to unload will be denied.

The 24-hour rule applies to shipments of cargo containers from all ports outside the Untied States to ports of the United States, Bonner explained. It is not limited to ports participating in the separate Container Security Initiative (CSI) currently being implemented or about to be implemented at many ports around the world.

CSI is a U.S. Customs Service program or initiative to prevent containerized shipping, which is the primary system of global trade, from being exploited by terrorists. "With CSI, the U.S. Customs Service has entered into partnerships with other governments to identify high-risk cargo containers and pre- screen those containers for terrorist weapons at the port of departure instead of the port of arrival," Bonner said.

Referring to the new 24-hour rule, he said that "getting the manifest information on the containers in advance of their loading is essential to this process because it provides the risk-targeting data needed to identify high-risk containers -- high-risk containers for the potential threat of terrorist or terrorist weapons.

Ten countries accounting for 17 of the top 20 ports that ship cargo container to the United States have agreed to and are implementing the Container Security Initiative, Bonner said. After the initiative is implemented at many of the top 20, he said, it will be expanded beyond these ports.

Countries participating in CSI with the United States are, in Europe, Spain, the Netherlands, France, Belgium, Germany, Italy and the United Kingdom, and in Asia, they include Singapore, Japan, China, as well as the special administrative region of Hong Kong.

The Customs Service, now part of the newly formed U.S. Department of Homeland Security, has made combating terrorism its chief priority, he said. The Bush administration created the Department of Homeland Security to bolster efforts to protect the United States from direct attack by terrorist groups.

With the CSI, the commissioner said, Customs "has entered into partnerships with other governments to identify ����high-risk' cargo containers and pre-screen those containers for terrorist weapons at the port of departure instead of the port of arrival."

Following is the prepared text of Bonner's remarks:

(begin text)

Remarks of U.S. Customs Commissioner Robert C. Bonner

U.S. Customs Service's Counterterrorism Efforts at Home and Abroad

Foreign Press Center
Washington, D.C.

Introduction

Although we are 16 months removed from the terrorist attacks of September 11th, the threat of international terrorism is every bit as real and immediate and dangerous as it was then, if not more so. And we must remember that the threat from terrorism is a multinational threat -- it is a threat that knows no boundaries. The terrorist attacks in Bali, in Kenya, off the coast of Yemen, and elsewhere across the globe, remind us that the terrorist threat is one we must all confront. It is a long-term threat.

It is critical that we maintain the sense of urgency and action that galvanized the United States and the world against terrorism after 9/11.

At the United States Customs Service, combating terrorism is our number one priority. It has been our highest priority since 9/11. And we are doing everything we reasonably and responsibly can, both here in the United States and abroad, to protect our nation and the global trading system from the terrorist threat. And as we do this, we are also making sure that legitimate trade and travel continues without undue or costly delays.

Advance Manifest Regulation

One of our efforts is the Advance Manifest Regulation, or so-called "24-hour rule," which requires that shippers and ocean carriers provide U.S. Customs with manifest information for oceangoing containerized cargo 24 hours in advance of "lading" -- that means 24 hours before it is loaded on board a vessel for shipment to the U.S. The rule enables us to analyze the information and identify and eliminate potential terrorist threats before the vessel sails, not after it arrives.

U.S. Customs has been talking about the 24-hour rule for many months. We issued the proposed 24-hour rule in early August of last year, and that was followed by a 45-day comment period on the rule. We considered the comments and, after making some modifications, issued the final regulation on October 31, 2002. We delayed implementation for 90 days -- 3 months, including a 60-day penalty-free period. This grace period expires on February 1st, in about two weeks. Although some still may desire more time, I believe we have provided sufficient time for the change of business practices needed to comply with the 24-hour rule.

As I have said before, this is an issue of national security, and Customs intends to take compliance seriously. We applaud the efforts of those shippers and carriers that have taken the rule and implementation period seriously -- and many, many have -- but we caution those that have not.

On February 2, the U.S. Customs Service will begin enforcing the 24-hour rule. Data that is incomplete or late will not be tolerated from carriers or shippers. When I say incomplete data, I include the description of the cargo. Vague, non-descriptions, such as "Freight of All Kinds" (commonly abbreviated "FAK") or blank descriptions are no longer acceptable on February 2 and thereafter. Where there is no description, or where Customs was not provided with data 24 hours before loading, U.S. Customs will begin denying permits to unload on February 2.

We will indicate to carriers our intent to deny permits to unload, and we will expect the cooperation of carriers to deny loading at the foreign port to those who do not comply with the rule. In addition to denying unloading permits, Customs will also use its authority to impose penalties to secure rapid compliance.

The U.S. Customs Service's actions on February 2 will be the first step in a process of ratcheting up denials of unloading permits to ensure compliance over the course of a few weeks. I am optimistic that compliance with the 24-hour rule will be achieved quickly.

Container Security Initiative

The 24-hour rule applies to shipments of cargo containers from all ports outside the United States to ports of the United States; however, implementation of the rule helps to ensure the success of the Container Security Initiative, or CSI, currently being implemented, or about to be implemented, at many ports around the world.

CSI is the U.S. Customs Service's program to prevent containerized shipping -- the primary system of global trade -- from being exploited by terrorists. With CSI, U.S. Customs has entered into partnerships with other governments to identify "high-risk" cargo containers and pre-screen those containers for terrorist weapons at the port of departure instead of the port of arrival. Getting the manifest information on the containers in advance of their loading is essential to this process, because it provides the risk targeting data needed to identify high-risk containers.

Just one year ago, CSI was merely an idea for safeguarding the global trading system and the global economy. Now, just one year later, CSI has become a reality. Ten countries -- representing 17 of the top 20 ports that ship to the United States -- have agreed to and are implementing CSI.

The most recent country to sign a declaration to implement CSI is Spain, which signed last week. Other countries participating in CSI with the U.S. are, in Europe, the Netherlands, France, Belgium, Germany, Italy, and the U.K. And in Asia, they include Singapore, Japan, and China.

Soon, we will be expanding CSI beyond the top 20 ports. Other nations and other ports are eager to [be], and I expect soon will be, joining the CSI program, because they recognize, as we do, that CSI is a critical tool for safeguarding the global economy against the terrorist threat, as well as better safeguarding their seaports and ours against terrorist exploitation.

The early success of CSI is the result of outstanding cooperative efforts between countries, on a bilateral basis. Multinational organizations such as the World Customs Organization and the G-8 [Group of Eight industrialized nations] have also endorsed the principles of CSI.

This kind of cooperation in addressing the terrorist threat is imperative for success in the global campaign against terrorism. The terrorist threat impacts all of us, and the world community must work together to conquer it.

Conclusion

In conclusion, let me just say we are making progress, but we must not let down our guard. We must continue to do more. And I can tell you that I [am], and all the men and women of the U.S. Customs Service are, continuing to do more -- we are more determined than ever in our mission -- not only to protect our borders, but to protect the movement of global trade.

(end text)

(Distributed by the Office of International Information Programs, U.S. Department of State. Web site: http://usinfo.state.gov)

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