Further to the announcement that we posted on our website last week, we have received the following update from FIATA, who represents freight forwarders at a global level.
Behind the scenes extensive representations highlighting to governments that these decisions do not fit trade patterns, sales terms and will be disruptive to trade.
It is important to note that there are two separate strands to these policies :-
- The emergency measures which are described as both FIATA and BIFA know at the moment
- The new enhanced data elements for ACAS filing
FIATA’s guidance is comprehensive and deals with the main points. Our previous article on this subject can be viewed at https://bifa.org/2024/09/05/urgent-security-measures-for-canada-and-usa-embargo-on-canada-destined-cargo/
We will post any further updates when known to ourselves.
| 1. Summary In response to increased civil aviation threats, the United States Transportation Security Administration (TSA) and Transport Canada has recently implemented new emergency measures, effective immediately, in respect of all air cargo destined for or transiting/transferring through the United States, where such cargo originates from Europe and the Commonwealth of Independent States (CIS). The new emergency measures come in the wake of reports of two packages containing incendiaries having caught on fire within European parcel networks. Due to the complexity and suddenness of the new requirements, FIATA has received industry feedback voicing concerns on the uneven application of the new measures, as well as the new technical and operational challenges brought by the new data requirements introduced in the US Advance Cargo Air Screening (ACAS) programme. The challenges in implementing the new requirements have reportedly led to certain air carriers imposing an embargo on all cargo originating from Europe and the CIS region. These emergency measures will therefore have a significant impact on shippers in these regions, particularly for micro, small and medium-sized enterprises (MSMEs) with lower volume shipments. 2. Emergency measures: Industry implications The below information constitutes the latest emergency measures as known by FIATA at the date of publication – September 12, 2024 – and includes updated information such as a revised definition of “Established business relationship”. 2.1. European and CIS countries impacted According to the emergency measures, and subject to the exceptions listed below, all cargo originating from Europe and the CIS region are currently subject to the new emergency measures. 2.2. “Established business relationship” or Known Consignor requirement According to the emergency measures, and subject to the exceptions listed below, cargo originating from Europe and the CIS regions can only be transported on passenger aircraft where it was tendered by a shipper who: is a Known Consignor; or has an existing “established business relationship” with a regulated agent (such as a freight forwarder) or air carrier. 2.2.1. Demonstrating an “established business relationship” For the purposes of the new emergency measures, an “established business relationship” is: a business relationship that was established before the effective date of the emergency measures. This must be demonstrated by the evidence of an account with physical and billing addresses, as well as a documented payment/credit/sales history or other documented business records; or an account that was accepted by the regulated agent or air carrier on or after the effective date of the emergency measures, with documentation containing business registration and contact details, payment information, and a signed contract with the regulated agent or air carrier. The above definition is based on the latest emergency measures which no longer require a minimum number of shipments to have been made within a ninety (90) day period. Subject to the exceptions listed below, in the event that the shipper is not a Known Consignor or a “established business relationship” cannot be demonstrated within the meaning of the emergency measures, any cargo or consolidated shipment entering, transiting or transferring through the US can only be transported by cargo aircraft, charter, or ocean freight. In addition, cargo and consolidated shipments tendered by such shippers will be subject to enhanced security and screening measures implemented by air carriers, as approved by TSA. 2.2.2. Exceptions The above emergency measures do not apply to: items weighing less than 16 ounces (453.6 grams); mail; diplomatic pouches; US government shipments tendered on a US Government Bill of Lading or air waybill where a US Government entity is listed as the shipper. 3. New data requirements – Enhanced ACAS Security Filing In addition, the new emergency measures include changes to the US ACAS programme, introducing “Enhanced ACAS Security Filing”, which must be conducted by entities currently responsible for filing the standard ACAS Security Filings. This requires additional data elements to be submitted in respect of the actual shipper of the goods to better identify the parties involved in the air cargo supply chain, prior to the cargo being loaded onboard a US-bound aircraft. Further information on the required data elements are available on the dedicated Frequently Asked Questions, available on the US Customs and Border Protection (CBP) website. 4. Action steps for freight forwarders Economic operators impacted by these new emergency measures are invited to review their business relationships and supply chain planning as soon as possible to minimise any detrimental consequences on their business. It is reminded that the information provided is subject to change without notice, and industry stakeholders are encouraged to check frequently for any updates on the US CBP website. FIATA is working closely with its extensive airfreight logistics network to monitor the situation and support the industry in implementing the new emergency measures. FIATA calls on air carriers to continue to, as far as possible, accept cargo tendered from European and CIS countries in accordance with the new emergency measures, to foster the smooth flow of trade. In addition, FIATA continues to call on governments worldwide for greater harmonisation in data requirements in pre-loading advance cargo information programmes to facilitate effective and efficient industry compliance, whilst meeting the safety and security objectives of such programmes. FIATA also underlines the importance of increased and consistent engagement between governmental authorities and economic operators to ensure effective and pragmatic regulation and its effective implementation. |
