Aviation

On December 3, 2012, a new regulation requiring air carriers to screen 100 percent of all cargo aboard international passenger flights inbound to the United States will go into effect. This new regulation will be enforced by the Department of Homeland Security. The original deadline for 100 percent cargo screening on international U.S.-bound flights was December 31, 2011, but TSA pushed it back last October based upon industry feedback. This 100 percent screening cargo rule has already been in force for domestic passengers flights since 2010. Further, all cargo on passenger aircraft - both domestic and international—departing from United States airports currently undergoes screening.

Background

In August 2007, President George Bush signed into law the 9/11 Commission Act. One of the mandates of the Act was to set a deadline of August 2010 for screening of all cargo on international inbound passenger flights. The Act required the Department of Homeland Security to establish a system that would screen all cargo transported on passenger aircraft, which must be "commensurate" with the level of security used for checked baggage. The law requires all such air cargo to be screened by the TSA at the "piece level" prior to transport on passenger aircraft inbound to the United States. Currently, TSA provides shippers with a list of approved screening technologies, which include: (1) X-ray; (2) explosives detection; (3) explosives trace detection; and (4) metal detection. The Act provided little direction at the time the law was passed as to how such screening was to take place.

"Screened" does not necessarily mean "scanned" by an x-ray or other device. Rather, the process requires evaluating the cargo contents , sender and destination of cargo, with more stringent screening for shipments determined to be "high risk", while "low risk" shipments will undergo other screening protocols. Although politicians pushed for physical inspection of every parcel and pallet that enters an aircraft, the global airfreight industry argued that such an approach risks paralyzing a substantial percentage of global cargo supply chain transport.

TSA is using a risk-based strategy to achieve 100 percent screening for international inbound air cargo transported on passenger aircraft by the December 3rd deadline. This includes:

  • Enhanced Security Measures Versus "Trusted Shippers". TSA is in the midst of implementing a "trusted shipper" process [which is included in the TSA's Certified Cargo Screening Program ("CCSP")] for frequent senders that are known to be safe. These "trusted shippers" will not be subjected to the same screening levels as shippers who only occasionally ship cargo. The screening includes deploying explosive detection canine teams, and conducting covert testing and surprise inspections of cargo operations. A CCSP screening facility must be approved by TSA and adhere to strict security standards, including physical access controls, personnel security, and screening of prospective employees and contractors. A secure chain of custody must also be established from the shipping facility to the aircraft. The CCSP also allows TSA-certified indirect air carriers (IACs), shippers and independent cargo screening facilities to screen cargo at off-airport locations.
  • Air Cargo Advance Screening (ACAS) Pilot Program. This program is exploring collecting pre-departure information on international inbound air cargo, utilizing U.S. Customs and Border Protection's Automated Targeting System. It is anticipated that this program will allow transition from the trusted shipper concept to a data and intelligence driven determination.
  • National Cargo Security Program (NCSP). Through this program, TSA assesses whether a foreign government or entity's screening program is commensurate with current U.S. air cargo security standards. Recognition of another country's program will reduce the burden on air carriers by eliminating unnecessary duplicative requirements, while ensuring proper screening. In June 2012, the United States and the European Union, Switzerland, and Canada agreed to recognize each other's air cargo security procedures. TSA is also working closely with other governments, international organizations and industry partners to increase the security of air cargo without impeding movement of goods and commerce.

Issues

With cargo, there are often multiple points of transfer among various types of transportation, with many stages of transport outside the United States. Airlines, others within the global supply chain, and TSA will have to coordinate supply chain and security programs with those of foreign countries, dealing with inconsistencies and ensuring all cargo bound for a U.S. airport is screened via a program TSA deems to be on par with U.S security standards. Further, much of the technology in place for screening is designed for baggage, not cargo. Scanning air cargo presents challenges because a typical container may have strict temperature control parameters or other shipping requirements that could be breached by security scanning protocols. The air cargo industry recommends the use of electronic documentation devices that ensure that no one tampers with cargo as it moves through the global supply chain, as well as being capable of providing data regarding location, temperature, and air waybill tracking.

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