31 Jul 2015 / United States, all ports
The U.S. Customs and Border Protection (CBP) has issued updates to the enforcement strategy and policy regarding failures to comply with ISF (Importer Security Filing). The sole responsibility and penalty risk for any ISF mistakes of failures are with the U.S. importer of record, regardless of who is the actual ISF filer (which can be anyone worldwide who has received written authorization from the U.S. importer to file ISF on their behalf). The CBP started a new penalty enforcement process on May 13, 2014: - Any prior ISF violations, penalty potential etc. have been deleted so no old cases will be pursued by CBP; - Any ISF violations after May 13, 2014 will be subject to three warnings by CBP to the importer and penalties will only be issued starting with the 4th violation thus giving importers (especially those very small and infrequent importers) a �second chance� to make improvements in the future; - Exact process for ISF enforcement will vary by port of arrival � this could be somewhat confusing for those overseas. Any IFS violations (late, missing or incorrect filings) will experience delays at the arrival port (manifest holds) and potential additional delays for VACIS (X-ray) examinations and even physical examination by CBP prior to release to the importer. For the time being, CBP is only enforcing ISF for U.S. import shipments (ISF 10) and not for FROB or in-transit shipments (ISF 5) as there have been too many difficulties with the current regulations as written for ISF 5: - CBP will soon release updated/new requirements for ISF 5 so compliance and enforcement for trans-shipments and FROB will resume soon. Foreign NVOCCs/forwarders are urged to: - Provide correct AMS B/L number to the ISF filer and/or U.S. importer multiple days before vessel sailing; - Provide any of the additional data elements that may be required by the ISF filer/U.S. importer; - If you filed ACE Ocean Manifest (previously known as Ocean or Sea AMS) to CBP (and thus are assigning the AMS B/L number) please monitor the ACE Ocean Manifest status reports to ensure that you receive an "ISF on file" (3Z message in ACE Ocean Manifest) which confirms that CBP has matched-up the AMS B/L number with the ISF filing. The mandatory ISF filing deadline is 24 hours prior to vessel departure. For information about operations in the USA contact GAC USA at [email protected]
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