E-Flash No 45 - 15 June 2012

Update on the Korean Advanced Manifest System: May 2012 Edition

The Korea Customs Service (KCS) has updated their Advanced Manifest System in accordance with WCO standards as it continues to fulfil its own responsibilities as a governmental agency of duties for collection and border protection. This follows other major trading partners such as the U.S., Canada, EU and China who have already adopted the Advance Manifest reporting.

The document provides general principles of the Korea Manifest System and goes into further detail regarding its guidelines and enforced measures. For a full overview of the updated Advanced Manifest System, in particular with regards to the interaction between forwarders and carriers, please open the document below.

http://www.marken.com/wp-content/uploads/2012/06/KMS_Guidelines_Final.pdf

EU and U.S. mutually recognize air cargo security regimes

The EU and U.S have mutually recognised their security systems as of 1st of June 2012. Air carriers transporting cargo from EU airports to the U.S no longer need to apply different measures, but they need to implement in full the EU legal requirements on air cargo security.

However, air carriers that opt to implement the EU air cargo security requirements instead of U.S security rules will have to inform the TSA in writing of their decision. This means the air carriers need to contact their local TSA representative and ask for the alternative procedure, i.e. that the air carrier wants to comply with EU rules instead of the U.S rules. AEA and TSA are at the moment discussing a template to facilitate this acceptance by the TSA. This means for the moment as long as TSA has not accepted the alternative procedure of an air carrier, that air carrier will need to continue applying U.S rules. For more information regarding the new air cargo security regime please visit:

http://www.acn.nl/over-acn/acn-nieuws.aspx?Action=1&NewsId=1750&PID=9 .

FIATA would like to thank CLECAT for contributing this article and bringing this regime to our attention.

Non-asset based 3PLs take big leap toward C-TPAT entry

Non-asset based third-party logistics providers (3PLs) are closer to joining the Customs-Trade Partnership Against Terrorism (C-TPAT), one of leading supply chain security programmes. The US-House Homeland Security Committee recently approved port security legislation that includes language creating a pilot program for these companies to participate in C-TPAT. If approved and signed into law, such language would end a 3.5-year ban by CBP against non-asset based 3PLs enrolling in C-TPAT.

Since January 2009, CBP has denied entry to C-TPAT to companies that operate almost exclusively in domestic U.S. commerce and do not own assets. In addition, 3PLs must prove they are licensed or bonded by the Department of Transportation, the Federal Maritime Commission, the Transportation Security Administration, or CBP. They must also maintain a staffed office in the U.S and cannot contract out a service if the contractor plans to outsource the work to a company not enrolled in C-TPAT. Intermediaries’ and forwarders’ advocates argue that, as organisers of international transportation, these are crucial in the security supply chain and deserve inclusion in C-TPAT. TIA has been working on inclusion in the C-TPAT program for non-asset based third-party logistics providers and this is a huge first step to eliminate the discrimination of the brokerage industry and ensuring U.S security. FIATA is grateful to TIA for bringing this item to our attention. More information can be viewed at the following source: http://www.dcvelocity.com/articles/20120611-non-asset-based-3pls-take-big-leap-toward-c-tpat-entry/

or on TIA’s website.

FIATA advises members to consult their National Associations regarding a newly passed security bill

The committee on homeland security passed a security bill requiring all containers be scanned overseas before being allowed into U.S ports. Shippers attempted to overturn this legislation put forth by congress stating that the “scan all” requirement is an impractical goal.

The requirement is set to take effect in July despite congressional reports documenting technological problems, high costs, port delays and foreign government pushback. FIATA advises members to consult their National Associations for more information on clauses when dealing with carriage contracts to the US. We ask members to be alert of the risk and the possible additional costs that may have to be brought to the account of the party who requests service. For more information on the bill please visit: http://www.joc.com/security/100-percent-container-scanning-deadline-looms

CBP requires an additional STB for AD/CVD shipments

Avalon risk Management received official notification from CBP advising ports to require an additional single transaction bond in addition to an importer’s existing continuous bond when anti-dumping and countervailing duty exposure is suspected.

Any STBs or continuous bonds required by CBP to secure suspected AD/CVD activity is considered an AD/CVD Bond for underwriting and rating purposes. For more information regarding bonds and AD/CVD rates please visit: http://www.avalonrisk.com/questnewsletter/quest/2012-June/8-transshipment.htm

Columbia and Peru sign free trade agreement

On May 31st, 2012, the council agreed on a decision that would approve the signing and provisional application of a free trade agreement between Columbia and Peru. Furthermore, based on the principle of integration the agreement remains open for signature by Bolivia and Ecuador.

The agreement sets out to eliminate high tariffs, tackle technical barriers to trade, liberalise service markets and open up public procurement markets. For more information regarding the newly signed agreement please refer to the article below:

http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/130539.pdf

The 13th United Nations Conference on Trade and Development in Doha, Qatar, 21 -26 April 2012

Statements released by the Civil Society Organisation, who were present at UNCTAD XIII conference, summarized that attempts were made by developed countries to change the policy basis and mandate of UNCTAD’s work with respect to key areas, such as the financial crisis, macroeconomic policy, the WTO, and other agreements in an effort to reflect more of the interest of developed country corporations rather than maintaining historical policy commitments to assist developing countries.

Developed countries even pushed hard to try to prevent the final document from reaffirming the Accra Accord of the previous UNCTAD XII conference. Although the Accra Accords were contended, they were in the end approved. For more on Civil Society’s released statements please refer below:

http://www.democraciaycooperacion.net/IMG/pdf/CSO_statement_UNCTAD_XIII_Opening_Plenary.pdf

http://unctadxiii.org/en/Documents/Civil_SocietyUNCTAD_final%20statement_April26-2012.pdf

C5 Communications are pleased to announce their last 2 leading trade events for 2012 to which all FIATA readership attendees are entitled to a 10% discount*.

Export Controls

Amsterdam

New and exciting changes taking place to European Export Controls are providing new opportunities for European based exporters. For more information, please visit:

http://www.c5-online.com/exportcontrols

Customs & Trade Compliance in Partnership with HMRC

London

Questions on Customs Regulations? Have them answered by the European Commission, HMRC and US Customs and Border Protection. For more information, please visit: http://www.c5-online.com/HMRC-Partnership

To receive a full colour brochure, further details or to take advantage of your registration discount, please contact Toby Hartley on T.Hartley(at)C5-Online.com

To receive your Export Controls 10% discount on registration, please quote Priority Service code: 525X13-FIATA

To receive your HMRC Customs Compliance 10% discount on registration, please quote Priority Service code: 530X13-FIATA

*10% discount is applicable to conference only.

15 June 2012

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