The Legal Corner, October 2014 Issue:
Customs (CBP) and Congress have been compromising on the funding of ACE since its inception in 2001. According to CBP, “automated systems electronically support the facilitation of importing and exporting goods.” It again attempts to implement a system, ACE, as a substitute to the current AMS (Automated Manifest System) which only reached maturity and continues to create problems in the “cargo release” area. ACE began its development in 2001 and continues its development. May 1, 2015 is the current date for use of ACE “for use of all electronic manifest filing.” Airlines, container stations and others involved with freight import and export better wake up. Very few airlines or container stations have been a part of the development process. All too often, such non-involvement results in the implementation of inoperable systems. My recommendation is to work with your CBP IT liaison to begin to understand what is being developed and quickly suggest changes and improvements before we are stuck with a flawed process.
Make certain that cargo release works; and that training is offered well before the new automated systems are implemented. Have your leadership partake in developing the system so it accomplishes the needs of the immediate processing required in the air environment.
Don’t wait until it’s a “done deal” to insure your ability to swiftly and efficiently move and release cargo.
Insure that the electronics are implemented so that paper submission and receipts are eliminated – that is one of the “system” promises.
Interact with your customers to be certain that procedures for the air import/export community are unified and that electronic communication is equally available to all.
Most importantly, don’t allow AMS to be turned off until ACE is a proven substitute. CBP has promised that “software developer technical sessions” will be offered beginning in October 2014. Be certain that your own software people offer their views together with those who are involved with the actual movement of cargo.
by Carl R. Soller
McBreen & Kopko
Carl R. Soller, Special Customs, International Cargo and Regulatory Compliance Counsel to McBreen & Kopko is counsel to the JFK Airport Customs Brokers and Freight Forwarders Association and a recognized expert in his practice areas. He and his firm concentrate their Air Cargo Practice in all business and regulatory matters on a nationwide basis. He offers advice on supply chain security and its related Government Regulations to the Air Cargo Community as well as advice and a vast range of assistance to importers and exporters of all kinds of consumer goods. He can be reached at (646) 502-5791 or
csoller@mklawnyc.com
