CBP to Soon Issue Container Security Device Criteria, Opposes 100 Percent Scanning
In a July 11 speech to the Center for Strategic and International Studies, U.S. Customs and Border Protection Commissioner Ralph Basham spoke on a number of supply chain security issues, including container security devices and 100 percent scanning of inbound cargo containers.
Container Security Devices. Basham said CBP expects to soon publish its technical and administrative requirements for container security devices, or "smart boxes," which will be able to detect whether cargo containers have been tampered with while being transported. Once those requirements are issued, CBP plans to conduct a 60-90 day test to determine they can be satisfied by existing CSD technology. If an affirmative determination is made, and Basham said he is "cautiously optimistic" that it will be, the use of CSDs will become part of the Customs-Trade Partnership Against Terrorism.
At a minimum, Basham said, the use of CSDs should be viewed as a C-TPAT best practice. Beyond that, however, a number of questions remain: "Do we make it part of C-TPAT’s Tier 3 or is the use of a CSD that meets CBP requirements Tier 3 Plus?" Basham asked "Or do we create a 4th Tier? Will we require its use or will its use be an incentive or pre-condition for greater C-TPAT benefits?" Other issues that will have to be considered include dealing with false positive readings and whether to deploy CSD readers at Container Security Initiative ports in addition to U.S. ports of arrival.
Basham pointed out that while importers won’t be required to use CSDs, they will derive benefits from doing so. "Companies can choose the relatively small cost of simple container security devices, approved by CBP, that will lead to faster, more predictable customs processing," he said, "or they can choose the cost of less predictable customs clearances and potential delays." Perhaps more importantly, he noted, CSDs "will move us one step closer to realizing the ‘Green Lane,’" which he said is the "concept of no inspections once companies have satisfied certain rigorous requirements." In fact, he said, "there can be no ‘Green Lane’ without CSDs."
100 Percent Container Scanning. Basham said the concept of 100 percent scanning of inbound cargo containers is "fundamentally flawed." Noting that more than 11 million containers enter the U.S. by sea every year, he stated that trying to legislate a requirement that all of them undergo image scanning and radiation detection monitoring prior to leaving a foreign port "just does not make sense" because it would have an enormous impact on the flow of commerce and the transportation costs of U.S. importers. He stressed that CBP’s current risk management system is performing the task of separating high-risk and low-risk shipments "very credibly" and asserted that "there is no other viable alternative" to making informed decisions about which containers pose a security risk and therefore require further inspection.
Both the House and Senate have approved legislation this year that includes provisions concerning 100 percent scanning. H.R. 1, which passed the House by a vote of 299-128 Jan. 9, would require 100 percent scanning within three years for containers from larger ports and five years for all others. In the Senate, a bill (S. 4) approved March 13 by a vote of 60-38 would require the Department of Homeland Security to develop a plan with yearly benchmarks aimed at the eventual implementation of 100 percent scanning. Lawmakers approved these provisions just months after the enactment of the Security and Accountability for Every Port Act, which requires the DHS to establish a pilot project at three foreign seaports to test the practicality and effectiveness of systems designed to scan 100 percent of U.S.-bound cargo. Basham said Wednesday that at a minimum Congress should be willing to wait until CBP has the results of this project, which is already underway, before moving forward with additional mandates.