Foreign Airforwarders Need More Clarity on ACAS and Security Changes, AfA's Fried Says

An effort by CBP and the Transportation Security Administration to improve the monitoring of imported air cargo through modifications in data collection is creating confusion among airforwarders and reportedly causing airlines to think twice about delivering cargo to the U.S. and Canada.

"One of the things that has always been the guiding principle in the U.S.'s air cargo security regime is that you don't stop the flow of commerce. But this runs contrary to that," Brandon Fried, executive director of the Airforwarders Association, told International Trade Today.

While government agencies have the discretion to modify data collection platforms as threat vectors change, "we can't have commerce being stopped because people are confused due to a lack of clarity and messaging coming out of governments and a lack of harmony," Fried continued.

The confusion appears to stem from changes to CBP's Air Cargo Advanced Screening (ACAS) security filings that occurred without advance warning and were in response to national security threats. CBP and TSA had said that starting in early September, filers responsible for air cargo shipments originating from outside the U.S. would have to submit additional codes that provide additional background information about the cargo being imported (see 2408270026).

Transport Canada followed suit with similar actions, according to the Brussels, Belgium-based European Association for Forwarding, Transport, Logistics and Customs Services, also known as CLECAT.

Alongside the changes in ACAS filings is TSA's continued expansion of its Certified Cargo Screening Program (CCSP), according to a Sept. 1 blog post by Shipspry, a Scottsdale, Arizona-based transportation and logistics provider.

"As with the original implementation of ACAS, there is always an awkward compliance period where people are just trying to get it right. I think everyone is on the same page in terms of the mission and spirit of what's trying to be done here. They just want to make sure that the instructions are not confusing," Fried said.

What started to happen last week was that some airlines began to hesitate on accepting cargo shipments bound for the U.S. because of concerns that the shipments wouldn't be compliant, according to Fried and CLECAT. Although air freight forwarders have been having daily calls with CBP and TSA to work through the changes in ACAS filing, the airlines have been concerned about getting sanctioned or penalized for non-compliance.

"The airlines don't want to pay a penalty for getting it wrong, and so, as a result, a few of them have just decided that we're going to stop shipments to the United States before we fully embrace what's required. And that's regretful. It's regretful because it means other governments don't quite understand" why the changes in ACAS occurred, Fried said. "There's been some confusing communication. This is fixable, and it's something that we will iron out very quickly. But everyone, as I understand, is concerned about getting it wrong."

According to CLECAT and a Sept. 10 alert from A.N. Deringer, the changes that filers must comply with also include emergency amendments from TSA and Transport Canada requiring that all cargo from 55 largely European countries be tendered by known shippers or freight forwarders who have established business relations with shippers.

In response to these changes and to the "lack of communication and the abrupt manner in which these changes were introduced," CLECAT is calling for greater engagement between regulatory authorities and economic operators, as well as for the harmonization of data requirements and the global standardization of Pre-Loading Advance Cargo Information (PLACI) programs.

A TSA spokesperson told ITT that “TSA continually adjusts security measures as part of our multi-layered approach to security and works closely with industry partners to implement them, consistent with the 2021 TSA Air Cargo Security Roadmap." Meanwhile, CBP recently revised its Frequently Asked Questions document for the ACAS Implementation Guide (see 2409060022), according to the National Customs Brokers & Forwarders Association of America.

Transport Canada issued this statement: "Canada’s aviation security practices for inbound cargo aim to help keep cargo secure and to strengthen the safety of air cargo entering the country. Transport Canada has been working with our aviation industry stakeholders, especially air carriers and international partners, to ensure responses are coordinated and to minimize any impacts on industry. The Government of Canada is committed to maintaining a secure and efficient air cargo system."