COAC Work Group Urges Interagency and International Alignment as ACAS Expands
As CBP’s work on Air Cargo Advance Screening enters into its rulemaking phase, trade officials gave their final recommendations on the program during the May 22 meeting of the Advisory Committee on Commercial Operations (COAC) in Miami. In its final update, the COAC Supply Chain Committee’s ACAS working group urged the alignment of work between CBP and the Transportation Security Administration (TSA) on the program, as well as international harmonization of similar projects.
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Group's Final Recommendations Include CBP-TSA Alignment, International Harmonization
With CBP now working on its proposed rule to expand ACAS beyond the pilot phase, the agency can no longer discuss the program externally, meaning the end for the COAC work group. But “although the mandate given to the ACAS work group has now been fulfilled in terms of providing comprehensive trade input prior to drafting and publication of a [notice of proposed rulemaking], we do feel outstanding items remain to be addressed with regard to interagency cooperation and global supply chain coordination to ensure operational success of ACAS,” said Elizabeth Shaver of Airlines for America.
Interagency cooperation. The first of the committee’s final two recommendations related to cooperation between the agencies that would administer the program. “Because close alignment of customs and security authorities is indispensable to the operational success of pre-departure data risk assessment regimes, and in accordance with the executive order to streamline the import/export process for America’s businesses, we recommend that it is appropriate at this time to re-focus on the joint work of CBP and TSA in the implementation of ACAS,” said COAC. In particular the full Global Supply Chain Subcommittee should be tasked with the examination of the alignment of CBP and TSA global security concepts and programs, including but not limited to ACAS, in particular with the identification of areas where the programs are not fully aligned, and where one agency’s programs can be leveraged to support the other.
International coordination. The second recommendation addressed cooperation with foreign governments. “While ACAS was the first pre-departure data regime, it is not the only one -- therefore COAC recommends that CBP recognize the need for the inter-operability of such systems in the global supply chain. In particular, we recommend that the Trade Modernization Subcommittee be tasked with the examination of the current state of the harmonization and inter-operability of pre- and post-departure reporting systems worldwide, and in particular be tasked with the identification of areas of opportunity and potential solutions, which may include suggestions for an updated and holistic CBP international advocacy/communication plan,” it said.
CBP Working to Concerns, Will Resolve Issues in 'Short Term'
A CBP official present at the meeting said the agency is aware of the concerns, and is working to address them. “I know we’re limited on what we can say, but we can tell you, and I don’t want to speak for the commissioner, but he has personally reached out to TSA, most recently based on this concern, and he has worked with the administrator and [deputy administrator John Halinski] to address this, and in fact invited them into our COAC work group,” said Chris Kennally, deputy executive director-cargo and conveyance security at CBP. “I think we will see TSA at the table with us,” he said.
One of the main issues CBP and the TSA are struggling with are their different mandates under the Trade Act and the Safe Port Act, respectively. “Where the Trade Act mandates that we recognize all entities in the supply chain, the Safe Port Act pretty much limits them to work with the carrier,” said Kennally. Nonetheless, the agencies should be able to work through the problem, he said. “With both of our authorities together, and through COAC, I think we will be able to come much closer to streamline or harmonize this process and those concerns,” said Kennally.
Regarding international harmonization, CBP’s cargo security office has been working internally with the agency’s Automated Commercial Environment (ACE) Business Office and the Office of International Affairs, as well as externally with the World Customs Organization (WCO), “to find some solutions to harmonized global data,” said Kennally. “I think we still have work to do,” but CBP is “a lot closer,” he said. “It’s going to be a challenge, but I think we’re going to get there -- and in the short term,” said Kennally.