AIR CARGO ADVANCE SCREENING – FROM VOLUNTARY PILOT PROGRAM TO MANDATORY REQUIREMENT
July 9, 2018
In 2010, U.S. Customs and Border Protection (CBP), in conjunction with other Department of Homeland Security interests and the air cargo industry, launched a voluntary Air Cargo Advance Screening (ACAS) pilot program to collect certain advance air cargo data earlier in the supply chain.
The pilot was a success and, on June 12, 2018, CBP published an interim final rule making compliance with ACAS requirements mandatory beginning on that date. The new ACAS program requires cargo carriers to report six pieces of information to CBP earlier in the shipping process than was formerly required. Below is a summary chart comparing the prior requirements to the new ACAS program. As you will note, the most significant change is six of the 11 pieces of mandatory information required to be reported to the CBP, must now be reported prior to the loading of the cargo on the aircraft. The rest of the mandatory information can continue to be reported according to the same timeline.
The CBP is allowing for a 12-month grace period for carriers to become fully compliant with the program. However, while CBP will show restraint if the program’s regulations are inadvertently violated, CBP will take enforcement action if it is clear that carriers are “willful and egregious violators” of the new rules. See 83 Fed. Reg. 27380 at 27382 (June 12, 2018).
Summary Chart for the New ACAS Program:
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Current Requirement |
New ACAS Requirement |
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Timing of Data Submission |
Time of departure or 4 hours prior to arrival depend on port of departure |
As early as possible, but prior to loading of the cargo on the aircraft*** |
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Mandatory: 1) Air waybill number(s) – master and house, as applicable 2) Shipper name and address 3) Consignee name and address 4) Cargo description 5) Total quantity based on the smallest external packing unit 6) Total weight of cargo 7) Trip/flight number 8) Carrier/ICAO code 9) Airport of arrival 10) Airport of origin 11) Scheduled date of arrival
Conditional: 1) Consolidation identifier 2) Split shipment indicator 3) Permit to proceed information 4) Identifier of other party which is to submit additional air waybill information 5) In-bond information 6) Local transfer facility
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Mandatory: 1) Air waybill number 2) Shipper name and address 3) Consignee name and address 4) Cargo description 5) Total quantity based on the smallest external packing unit 6) Total weight of cargo
Conditional: 1) Master air waybill number
Optional: 1) Second notify party
NOTE: The above listed information needs to be reported according to the new ACAS timing, however, the carrier must also report the rest of the 11 items (and six Conditional Items) by the former deadline.
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Eligible Filers |
Inbound air carriers, and other filers eligible under 19 CFR 122.48a |
Inbound air carriers, other filers eligible under 19 CFR 122.48a, and freight forwarders |
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Bond Requirements |
All 19 CFR 122.48a filers are required to have an appropriate bond |
All ACAS filers, including freight forwarders |
*** If an aircraft en route to the United States stops at one or more foreign airports and cargo is loaded, an ACAS filing would be required for the cargo loaded on each leg of the flight prior to loading of that cargo.
A copy of the full interim rule is available at: https://www.gpo.gov/fdsys/pkg/FR-2018-06-12/pdf/2018-12315.pdf
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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