CBP Mission Statement - DOC

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					                CARGO SECURITY: Are We Safe Yet?


U.S. Customs and Border Protection

        Mission Statement

        We are the guardians of our nation’s borders.
        We are America’s frontline.
        We safeguard the American homeland at and beyond our borders.
        We protect the American public against terrorists and the instruments of terror.
        We steadfastly enforce the laws of the United States while fostering our nations
        economic security through lawful international trade and travel.
        We serve the American public with vigilance, integrity and professionalism.


On September 11, 2001, combating the threat of terrorism became the U.S. Customs
Service, and now, Customs and Border Protection’s (CBP) number one priority. 1

CBP still endeavors to provide security without unduly impeding the flow of trade that is
vital to the U.S.’ economic well-being. The twin goals-- to increase security and
facilitate trade-- are built into CBP’s priority mission — to prevent terrorists and terrorist
weapons from entering the United States.

So, with the broad range of legal changes and initiatives that have been put into place
since September of 2001, to enhance the security of cargo arriving to the United States
one, indeed, might ask in April of 2005 --- “Are We Safe Yet?”


CBP’s STRATEGY TO ACHIEVE SECURE CARGO

CBP’s new priority mission to prevent terrorists and terrorists weapons form entering the
United States, while facilitating the flow of legitimate trade, is achieved by meeting two
strategic goals:



1
 The Homeland Security Act of 2002 (Public Law 107-296; November 25, 2002), created the Department
of Homeland Security (DHS), to which were transferred pursuant to section 403 of that Act, the functions,
personnel, assets, and liabilities of the Customs Service, including the functions of the Secretary of
Treasury relating thereto. The Customs Service, now part of the Bureau of Customs and Border
Protection as it was later renamed, is a component of DHS.



ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.
    1. Targeting, detecting and interdicting terrorist weapons at the borders and ports of
       entry of our country; and

    2. Extending our ability to target, detect and interdict terrorist weapons beyond our
       borders.

    CBP’s strategy has been based on several interrelated initiatives and programs
    including:

        A. Advance electronic information concerning all cargo shipments to the United
           States.
              a. This includes the 24-Hour Rule and the Trade Act of 2002 2 advance
                  cargo information regulations set forth in 19 CFR Parts 4, 122, and
                  123.

        B. Use of sophisticated targeting of shipments and vehicles to identify those that
           pose a potential risk for terrorism.

        C. Use of sophisticated detection technology to detect terrorist weapons at and
           beyond our borders.

        D. Partnering with other nations to implement the Container Security Initiative
           (CSI) at overseas ports.

        E. Partnering with the private sector through the Customs-Trade Partnership
           Against Terrorism (C-TPAT) to improve security of the supply chain from
           foreign vendors loading docks to the United States border entry points.


TARGETING

CBP’s goal — to Target, Detect and Interdict Terrorist Weapons at the United
States Borders — includes:



2
  Section 343(a) of the Trade Act of 2002 (Public Law 107-210, 116 Stat. 933) was enacted on August 6,
2002), and amended by section 108 of the Maritime Transportation Security Act of 2002 (Public Law 107-
295, 116 Stat. 2064) enacted on November 25, 2002 (codified at 19 U.S.C. 2071 note). This law
provided the authority to require advance electronic transmission of information for cargo arriving and
departing the U.S. via any modes of transportation. Prior to enactment of the Trade Act, CBP had utilized
the authority in 19 U.S.C. 1431(d) to require advance transmission of vessel manifest cargo declaration,
24 hours prior to lading the vessel at the foreign port. See 67 Fed. Reg. 66318, 66319 (October 31,
2002).


. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


                                                  2
    1. Improving our targeting capabilities to identify cargo and passengers that
       pose a potential risk for terrorism prior to arrival, and increase the
       exchange of intelligence and information that assists frontline officers in
       identifying threats.

        On land, 11 million trucks and 2.4 million rail cars cross into the United States,
        while 7,500 foreign-flag ships make 51,000 calls in United States ports annually.
        This means that, on a daily basis, CBP processes more than 1.1 million
        passengers, approximately 328,000 vehicles, more than 60,000 trucks and
        containers, approximately 600 ships and more than 1,900 aircraft.

        For approximately 98 percent of the estimated seven million sea cargo
        containers entering the United States, some form of advanced manifest
        information, which now as a result of the Trade Act, is generally provided via an
        electronic data interchange system with CBP, 24 hours prior lading the vessels at
        foreign ports. 19 CFR 4.7(a)(2).

        The Automated Targeting System (ATS) is a risk management system that
        screens inbound sea cargo manifest and entry data and provides a risk
        assessment for all shipments. The information is scored, and a risk assessment
        is made within seconds, long before the vessel carrying the container arrives at
        the United States port.

        ATS also is used to evaluate inbound shipments entering the United States in the
        northern and southern border truck and northern border rail environments. 3 ATS
        also supports joint targeting efforts with the Food and Drug Administration under
        the Bio-Terrorism Act. CBP also provides risk assessments for air cargo
        shipments, express consignments parcels and southern border truck
        environments. 4

        Along with pre-targeting cargo, vessels and passengers, CBP Subject Matter
        Experts constantly review the system to recommend new rules and/or upgrades
        to the functionality of ATS. Further, as part of the rules based system, CBP now
        will utilize the commodity and trade expertise resident in CBP’s National
        Commodities Specialist Division, i.e., the National Import Specialists, to help spot
        anomalies not ordinarily apparent in advance cargo data.



3
  Advance information for cargo arriving by rail is required to be submitted electronically 4 hours prior to
arrival to the U.S. 19 CFR 123.91. Advance information for cargo arriving via trucks is required to be
submitted to CBP electronically either 30 minutes or 1 hour prior to arrival to the U.S. 19 CFR 123.92.
4
  Advance information for cargo arriving by air transportation is required to be submitted electronically
either 4 hours prior to arrival, or by time of wheels-up from certain nearby locations. 19 CFR 122.48a(b).

. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


                                                    3
   2. Screening 100 percent of all cargo and conveyances that pose a potential
      risk for terrorism entering the United States, and examining all identified
      cargo and conveyances.

   3. Protecting United States agricultural and economic interests and the food
      supply.

       With the creation of CBP, the mission of the Agriculture Inspection (AI) program
       expanded to include preventing potential terrorist threats involving agriculture.
       CBP also oversees the enforcement of laws and regulations pertaining to the
       safe importation and entry of agricultural food commodities into the United
       States.

       CBP has worked with the Food and Drug Administration (FDA) to implement the
       Public Health Security and Bioterrorism Preparedness and Response Act of 2002
       to guard against threats to the food supply.

              In the last several months, CBP has modified its electronic data collection
              systems to gather data from the trade required under interim regulations
              promulgated pursuant to the Bioterrorism Act. See 68 Fed. Reg. 58974
              (Oct.10, 2003), codified at 21 CFR 1.276 - 1.285.

   4. Unifying as One Border Agency.

   5. Establishing and maintaining Operational Control of the United States
      border Between the Ports of Entry.

   6. Employing a highly skilled and trained workforce both at and between the
      ports of entry.


EXTENDING OUR BORDERS

CBP’s goal to-- Extend Our Borders Out to Protect Trade and the United States
Economy —is designed to ensure that greater security does not mean slowing down or
choking off the flow of trade. This goal includes:

   1. Pre-screening, Targeting and Inspecting shipments and containers that pose
      a potential risk for terrorism using Advanced Manifest Information.

       For example, any vessel arriving without submitting automated cargo
       declarations is denied unlading privileges. Penalties for non-compliance with the
       24-hour manifest rule are issued swiftly and uniformly throughout the country.
. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


                                             4
    2. Expanding the Container Security Initiative (CSI).
       Under CSI, small groups of well trained, experienced CBP and ICE personnel are
       deployed to work with their host nation counterparts to target cargo containers
       that pose a potential terrorism risk. The analysis of manifest information is key to
       CBP’s ability to target for inspection those containers that pose a potential
       terrorist risk while speeding the flow of all other containers into the U.S.

       Because sea vessel container traffic accounts for 90 percent of the global trade
       entering into the United States, maritime cargo must be a key focus of CBP’s
       security efforts. Also as a result, CSI is part of the Marine Transportation
       Security Act’s 5 Secure System of Transportation, a multi-layered approach to
       secure the maritime transportation system.

       Using a multi-layered strategy, CSI extends the zone of security by (a)
       collaborating with foreign partners at overseas ports, (b) establishing a physical
       presence at foreign ports and (c) sharing information and intelligence to identify
       containers that may pose a risk of terrorism. CSI ports are tied directly into the,
       24 hours per day, 7 days a week, Weapons of Mass Destruction (WMD)
       Teleforensics Center, so CSI officers and ports receive the same technical WMD
       guidance as domestic ports.

       Today CSI is operational in 35 foreign seaports, including: Rotterdam, the
       Netherlands; Le Havre and Marseilles, France; Bremerhaven and Hamburg,
       Germany; Antwerp and Zebrugee, Belgium; Singapore; Yokohama, Tokyo,
       Nagoya and Kobe Japan; Hong Kong; Gothenburg, Sweden; Felixstowe,
       Liverpool, Southampton, Thamesport, and Tilbury United Kingdom; Genoa, La
       Spezia, Naples, Gioia Tauro and Livorno Italy; Busan, Korea; Durban, South
       Africa; and Port Kelang and Tanjung Pelepas, Malaysia; Piraeus, Greece;
       Algericas, Spain; and Laem Chabang, Thailand; Halifax, Montreal and
       Vancouver, Canada; and most recently Shanghai, China.
       As a result of CSI, international organizations, including the G-8, the World
       Customs Organization (WCO) and the International Maritime Organization have
       recognized the need and are promoting intensifying maritime security. As an
       example, in June 2002, the WCO unanimously adopted the “Resolution on
       Security and Facilitation of the International Trade Supply Chain.” On December
       9, 2004, the WCO Policy Committee endorsed a Framework of Standards to
       secure and facilitate global trade. This framework, which is based largely upon
5
 Sections 102 and 111 of the Maritime Transportation Security Act of 2002 (MTSA), Pub. L. 107-295,
Nov. 25, 2002, 116 Stat. 2064, amended title 46, United States Code, by adding a new section 70116 (46
U.S.C. 70116) and a note to that section (46 U.S.C. 70116 note). In part, 46 U.S.C. 70116 requires the
Secretary of Homeland Security to establish a Secure Systems of Transportation program to evaluate
and certify systems of international inter-modal transportation.

. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


                                                5
       CBP principles and practices implemented in the aftermath of 9/11 (e.g., the 24-
       Hour Rule; the Advanced Targeting System located at the National Targeting
       Center; the CSI, and C-TPAT) is comprised of four core elements: (1)
       Harmonization of advance electronic manifest information requirements on
       inbound, outbound and transit shipments; (2) Agreement to employ consistent
       risk management approach to address terrorism and other security threats; (3)
       Accommodations of reasonable requests, based upon a comparable risk
       targeting methodology, for outbound inspection of high-risk containers using non-
       intrusive detection equipment, such as large-scale X-ray machines and radiation
       detectors; and (4) Defining benefits that Customs will provide to businesses that
       meet minimal supply chain security standards and best practices. See WCO
       Website at www.wcoomd.org.



   3. Working with the trade community to expand the Customs Trade
      Partnership Against Terrorism. (C-TPAT)

       Under C-TPAT, CBP works with importers, carriers, brokers, marine port
       authorities and terminal operators, foreign manufacturers and other industry
       sectors to develop a seamless security-conscious environment throughout the
       entire commercial process.

       C-TPAT enrollment, as of August 2004, was 7,000 members, representing over
       40 percent of all imports by value.

       At the core of the C-TPAT program vision resides the concept of a green lane to
       speed secure low-risk shipments across United States borders and through the
       ports of entry. The green lane represents enhanced and effective security along
       each part of the supply chain, from a foreign manufacturer, through the United
       States border, to a United States distribution center, using a smart box.

       As a result of current and future C-TPAT modernization efforts, minimum
       standards for cargo security will be in place, along with a fully automated system
       requiring only electronic documents from the trade community. Trade partners
       will submit information through a web application. The information will be
       processed against internal risk criteria, accepted or denied, and immediate
       responses generated and validation time frames established.

   4. Engaging the Trade Community in the fight against terrorism by integrating
      and expanding other Industry Partnership programs.

          For example, these include the Carrier Initiative Program (CIP) and Business
          Anti-Smuggling Coalition (BASC)
. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


                                             6
          The CIP is a joint effort among air, sea, land and rail carriers and CBP to
          address the problem of smuggling in the United States on board commercial
          conveyances. By signing the CIP agreement with CBP, carriers agree to
          enhance their security at foreign and domestic terminals, as well as on board
          their conveyances. They also agree to cooperate closely with CBP in
          identifying and reporting attempted or suspected smuggling attempts that
          might be associated with chemical, biological, radiological and nuclear
          explosive devices or other criminal activity.

          BASC is a business-led, CBP-supported alliance created to combat the
          smuggling of contraband via commercial trade. BASC was designed to
          complement and enhance CIP. The ultimate objective of BASC is to
          eliminate the contamination of legitimate business shipments by criminal
          hands by emphasizing a more security-conscious environment at foreign
          manufacturing plants to eliminate, or at least reduce, product vulnerability to
          smuggling.

   5. Creating ―Smart‖ Borders through Border Accords with Canada and
      Mexico.

              Agreement with Canada:
              The United States and Canada signed the Smart Border Declaration in
              December 2001. This Declaration is a 32-point action plan containing four
              pillars: the secure flow of people, the secure flow of goods, a secure
              infrastructure and information sharing and coordination in the enforcement
              of these objectives. CBP is the lead for DHS and other United States
              government agencies for 13 of the 32 items outlined in the action plan.

              The action plan for implementing the Smart Border Declaration includes
              adopting permanent resident cards, using biometrics identifiers within the
              Free and Secure Trade (FAST) program. The plan also involves the
              exchange of information to allow more effective pre-screening of goods
              crossing the shared border in either direction, as well as integrating
              systems for intelligence and information gathering to improve mutual
              targeting abilities.

              Agreement with Mexico:
              In March 2002, the United States and Mexico developed a Border
              Partnership Plan (BPP), which was designed to consider infrastructure
              and movement of goods crossing the shared land border, in light of mutual
              antiterrorism concerns. Out of the BPP meeting, a 22-point action plan
              was approved, with CBP designated as the lead agency for 11 action
. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


                                             7
              items. Notable accomplishments include: (a) Free and Secure Trade
              (FAST) which will be implemented at the seven largest ports along the
              United States/Mexican border; and

              (b) Electronic Exchange of Information on truck shipments through
              which selected data on shipments from Mexico’s Pedimento (entry)
              documents is compared against United States Automated Export System
              (AES) data.

6. Outreach With Other Countries

       The ultimate success of CBP’s strategy is also based on outreach and liaison
       with other countries in order to establish an international foundation to protect the
       American public against terrorism. CBP has and will continue to engage with
       multilateral groups that conduct partnership programs, such as the World
       Customs Organization, the European Union and the International Atomic Energy
       Agency, which will serve as global force multipliers in CBP’s overall defense.


CONCLUSION-- WHAT’S NEXT?

       CBP will be the first to admit that we are not yet completely safe from the terrorist
       threat that could be resident in cargo arriving at the borders of the United States.
       On the other hand, we are now much safer than we were either before September
       11, 2001, or immediately thereafter. And, yet, there is still much to be done by us
       all (government, business, and private citizens alike). CBP will continue to lead the
       charge of protecting U.S. borders from unsafe cargo.

       In carrying out this immense responsibility, CBP will remain fully aware that our
       efforts to secure America must also ensure the free movement of legitimate trade
       that is so vital to the economic well being of all Americans. By partnering with the
       business community and with foreign trading partners on our initiatives to
       implement our terrorist prevention strategy, CBP will continue to enhance the
       security of global trade, while ensuring that trade moves more predictably and
       efficiently to and from the United States.




. ABA Spring Meeting – April 13, 2005 – Panel Discussion: ―Cargo Security: Are We Safe Yet‖
Sandra L. Bell, Deputy Assistant Commissioner, Office of Regulations and Rulings, U.S. Customs
and Border Protection.


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