Update On ACAS Security Regime

Our European counterpart CLECAT has issued the below message in relation to the ACAS (Air Cargo Advanced Screening) security regime, amendments and data guidance:

We would like to inform you of recent developments following the adoption of the U.S. Transportation Security Administration’s (TSA) Emergency Amendments (EAs).

As part of ongoing revisions, the TSA has recently implemented changes that partially reflect comments from CLECAT.

 1.    According to the TSA rules, as communicated before, when tendering cargo to air carriers, freight forwarders must draft a statement confirming that an established business relationship exists between themselves and the shippers (unless the shipper is a KC).

Until now, for shippers becoming customers after 2 September, freight forwarders had to maintain records of, amongst others, ‘a signed contract between the shipper and the forwarder.’ This was challenged by CLECAT arguing that electronic bookings and confirmations should be enough.

TSA has now changed the wording to “contractual arrangement,” which is a positive outcome. This allows freight forwarders to receive shipper information electronically, streamlining operations without the need for signed documentation.

 2.    Electronic devices and batteries must now be shipped separately from LACs (Liquids, Aerosols, and Gels) to prevent the risk of improvised flammable devices; therefore, they must be segregated and individually packaged. This requirement, as stated in the revised Emergency Amendments, appears to apply to Known Consignors as well as new customers of the freight forwarder. We are gathering more information on this point while seeking to identify any further relevant changes affecting freight forwarders.

It remains a concern that the TSA continues to consult primarily with carriers, leaving out other critical economic operators, such as freight forwarders, who play a vital role in collecting and verifying necessary information under the amended legislation.

ACAS Implementation

For your information, CBP has published an updated version of the ACAS Implementation Guidance, and IATA has issued guidelines on how to meet the additional US ACAS data requirements using messaging standards (both attached).