U.S Department of Homeland Security (DHS) Archives - Page 11 of 14

TSA 100% Screening – The Air Cargo Advance Screening Pilot Takes Off

On May 16, 2012, the Transportation Security Administration [TSA] announced – starting December 3, 2012, all international passenger air carriers destined for the United States will be subject to 100% cargo screening. TSA’s website advises: “[g]lobal shippers and U.S. importers should contact their logistics partners to determine if these measures may have any impact on their supply chain.” This process requires enhanced screening for shipments designated as higher risk, while lower risk shipments will undergo other physical screening protocols.

How Can Your Supply Chain Remain Streamlined?
There is an Air Cargo Advance Screening [ACAS] pilot strategic plan underway to keep global supply chains efficient. ACAS is a voluntary initiative allowing carriers, forwarders and shippers to submit electronic data about cargo before it is shipped. TSA and CBP will have a fast and efficient new ways to screen vast amounts of cargo and zero-in more quickly on which specific items require further scrutiny, and which cargo items are cleared to get in the air faster.

Recently, at the AirCargo 2012 conference in Miami, CBP Deputy Commissioner Thomas Winkowski stated “[t]his is our new roadmap. . .this will lead everyone in this room toward a better, more secure way of moving cargo by air. . . To date, we have successfully processed 14 million transactions and proved that the system works.” Of those 14 million transactions, less than one percent required further scrutiny. Winkowski stated “ACAS is a game changer.”

For more information regarding how these changes will affect your company’s global […]

By Jennifer Diaz|2022-07-06T13:55:30-04:00June 27, 2012|Import, TSA, U.S Department of Homeland Security (DHS)|0 Comments

A Conversation with DHS Secretary Tom Ridge

On January 26, 2012, I attended an exclusive, “off the record dinner for Florida business and community leaders to discuss the growing global national security and economic challenges our country faces today.” The guest speaker was none other than the first Secretary of the U.S. Department of Homeland Security, Tom Ridge. I was fascinated by what I heard from Secretary Ridge.

I had expected the first Assistant to the President for Homeland Security following the tragic events of September 11, 2001, and the first Secretary from 2003 to 2005 of the then new U.S. Department of Homeland Security to give the usual law enforcement speech about securing U.S. borders and ports, counter-terrorism, deporting illegal immigrants, etc. None of those ideas were discussed directly. Instead, the entire discussion initiated by Secretary Ridge was about promoting international trade as a way of ensuring economic security, and through our economic security, we maintain our leadership in the world. Even after I peppered him with questions, he did not waiver. Such a transformation was both surprising and impressive considering the current “5 Core Missions” of DHS.

The delightful dinner was sponsored by the U.S. Global Leadership Coalition. The USGLC is a broad-based, bipartisan coalition of more than 400 businesses, non-profits, faith-based, and community leaders led by Honorary Chair Colin Powell. I am a member of the USGLC’s Florida Advisory Committee.

The new wisdom from Secretary Ridge should be seriously considered by our political leaders. But, that’s just the view of one customs and international trade attorney.

By Jennifer Diaz|2015-12-01T06:50:23-05:00February 20, 2012|U.S Department of Homeland Security (DHS)|0 Comments

TSA and Pepper Spray – A Story of What NOT to Do

Our beloved Transportation Security Administration (TSA) has the responsibility of screening passengers to “ensure that certain items and persons prohibited from flying don’t board commercial airliners.” This is accomplished through 43,000 Transportation Security Officers (TSOs) located at 450 airports around the United States. While I am waiting in line to be screened, there seems always to be one energetic TSO screaming at my fellow passengers to take our shoes off, remove most liquids, take our belts off, take out our laptops, etc.. it is hard to remember that the official Mission of the TSA is to “protect the Nation’s transportation systems to ensure freedom of movement for people and commerce.” I do have one funny story to tell you about the TSA and a certain passenger.

While the TSA regulations specifically prohibit the carrying on board an aircraft, or even into the airport, any weapon or explosive device, a particular passenger had a pepper spray pen with him. The pepper spray pen was not detected by the TSO when the passenger’s body and luggage went through those radiation-emitting devices.

That is bad enough, but what the passenger did next was a mistake. After passing through TSA, he then approached the crew of the aircraft at his gate of departure, and handed over the pepper spray pen to the gate agents with some sort of statement that the TSOs did not detect the pen during the screening process. Predictably, the passenger was then approached by law enforcement, interrogated, and not allowed to fly on […]

By Jennifer Diaz|2015-12-01T06:41:39-05:00August 14, 2011|Investigation, TSA|0 Comments

TSA 100% Air Cargo Screening Update – 6 Months Later?

On Thursday, March 10, 2011, from 12 noon to 1:30 p.m. EST will be a webinar hosted by the National Customs Brokers and Forwarders Association of America. Shippers, indirect air carriers (IACs) or freight forwarders, and international airlines will benefit from learning about the newest policies and requirements by the Transportation Security Administration (TSA). Sign up here to take advantage of this webinar opportunity.

A quick chronology is important. On Aug. 3, 2007, President Bush signed into law the Implementing Recommendations of the 9/11 Commission Act of 2007 (9/11 Act). The 9/11 Act required TSA to establish a system for the air cargo industry to screen 100% of cargo transported on passenger aircraft in the United States at the piece level. That goal was achieved in August 2010.

This webinar is a natural follow-up to my April 7, 2010 blog post entitled “TSA 100% CARGO SCREENING RULE EFFECTIVE AUGUST 1, 2010.” It is just over 6 months since the TSA had implemented its 100% cargo screening requirement, so it’s time for a check-up. While Marc Rossi will focus on the operational requirements of 100% air cargo screening as part of the Certified Cargo Screening Program (CCSP), I will focus on the legal requirements of the TSA for IACs, as well as explain how to respond to a TSA Letter of Investigation and a TSA Notice of Proposed Penalty for any alleged failure to comply with some TSA requirement.

The 100% Air Cargo Screening by TSA – How’s it Going 6 Months Later? webinar is sponsored by […]

By Jennifer Diaz|2015-12-28T14:21:03-05:00March 3, 2011|TSA|0 Comments

Notice of Detention of Merchandise by U.S. Customs and Border Protection

U.S. Customs and Border Protection (CBP) issued a February 22, 2011 60-Day Notice and Request for Comments regarding its use of a “Notice of Detention”. I know, a lot of you are saying to yourselves, “When did CBP starting using Notices of Detention,” and my response to you is “That’s a darn good question!”

The law, 19 U.S.C. 1499 and 19 CFR 151.16, allows CBP officers at the border to stop and search persons for merchandise. If the CBP officer discovers something suspicious, and takes it from you, then it has been “detained”. In exchange, the CBP officer is required to send to the importer or passenger a Notice of Detention form no later than 5 business days from the date of the examination, stating that: (1) the merchandise has been detained, (2) the reason for the detention, and (3) the anticipated length of the detention.

That all sounds reasonable, but the problem is that the legal requirement is often ignored by CBP. Often, a Notice of Detention is never issued by CBP to the importer, or is issued late or does not state the reason for the detained merchandise. I have seen a few hundred Notices of Detention over the past 21 years as a customs lawyer, but have never seen one that described “the anticipated length of detention.”

The Request for Comments asks the public for “ways to enhance the quality, utility, and clarity of the information to be collected.” I have a way to enhance the quality of the CBP Notice of Detention – follow the law and issue […]

By Jennifer Diaz|2015-12-01T01:56:08-05:00February 24, 2011|U.S Department of Homeland Security (DHS)|0 Comments

Previous 101112 Next