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INTERNATIONAL FEDERATION
OF FREIGHT FORWARDERS ASSOCIATIONS (FIATA) 國際貨運代理協會聯合會 Updated 19 Nov 2024
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USA
Alert: Latest Air Cargo Advance Screening (ACAS) Requirements and Guidance
FIATA would like to inform its Members regarding
the recent developments re the US Transportation Security
Administration's (TSA) Emergency Amendments (EAs), including new information
requirements under the Air Cargo Advance Screening (ACAS) programme. The new TSA emergency air
cargo security measures and updates to the ACAS programme are aimed at
strengthening the security of cargo entering or transiting through the United
States. Supply chain players, including freight forwarders, must comply with these
more stringent pre-loading advance cargo information (PLACI) requirements.
Please find key updates and guidance below: 1. Data Elements: New data elements
have been added to the ACAS requirements, with freight forwarders needing to provide more detailed
information on the shipper and consignee. This includes elements such as shipper/consignee
contact details, which must now be submitted electronically to U.S. Customs and
Border Protection (CBP) before cargo is loaded onto US-bound aircraft. This
update is reflected in the latest version of the ACAS
Implementation Guide (v2.3.3, 15 October 2024)
and the Enhanced Air Cargo Advance Screening FAQs published here. 2. “Established Business Relationship” or Known Consignor Requirement: Previously, when
tendering cargo to air carriers, freight forwarders had to draft a statement to
air carriers confirming that an established business relationship exists
between themselves and the shippers (unless the shipper is a Known Consignor
(KC). Until now, if shippers become customers after September 2, 2024, freight
forwarders had to maintain records of, amongst others, “a signed contract
between the shipper and the forwarder.”. Now, TSA revised this requirement,
replacing the "signed contract" with the term "Contractual
Arrangement," allowing for electronic agreements to streamline
compliance without needing physical signatures. The latest
definition of the “Established business relationship” according to the TSA
Emergency Amendment is as follows: “A business relationship is an
association between persons, including individuals and entities that it
includes the establishment of an account with a physical billing address and
payment, or credit history documented through invoice or billing records or
documents history of sales that include any contract of activities or other
document that correspond to business records” 3. IATA Messaging Guidelines: IATA has shared the
newly developed "Guidelines
on how to provide US ACAS additional data requirements with messaging standards" to ensure compliance with the
additional USA ACAS data requirements. The new data elements have been added to
the ACAS Implementation Guide, and new codes need to be introduced in the
current IATA messaging standards to accommodate these changes. 4. Unacceptable vs Acceptable Cargo Descriptions: Additionally, a
list of examples of Unacceptable vs Acceptable Cargo Descriptions has been
issued by US Customs and Border Protection (CBP) and is available here. The enforcement period for inappropriate
cargo descriptions took effect on November 12th 2024 at 12 p.m. EST,
meaning any filing with inappropriate cargo descriptions will be rejected by US
CBP, preventing the cargo from being loaded onto the aircraft. These recent ACAS developments come as part of
broader global measures to prevent potential threats by improving the
identification of suspicious cargo earlier in the supply chain. Freight
forwarders should stay updated and consult the latest guidelines to ensure
uniformity and consistency to comply with ACAS filing requirements. FIATA continues to call on governments worldwide
for greater harmonisation in data requirements in pre-loading advance cargo
information programmes to facilitate effective and efficient industry
compliance, whilst meeting the safety and security objectives of such
programmes. In addition, the industry associations highlight the importance of
consistent engagement and communication between governmental authorities and
affected stakeholders, such as freight forwarders, to ensure effective and
pragmatic industry consultation and its effective implementation.
Please find the previous
FIATA communications on ACAS requirements here.
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