September 06, 2024
As many IAM members are aware, an enhanced ACAS security filing requirement guide was recently issued by US CBP, with enhanced filing requirements now in effect. The new filing requirements were issued by CBP in order to better understand the account information for the relationship that exists between the actual shipper and the party responsible for filing the ACAS Security Filing. The enhanced filing requirements are for air cargo only.
To address stakeholder compliance questions, CBP issued an FAQ, covering the new requirements and providing examples of filing scenarios, including responsibilities of the carriers, freight forwarder and self-filers. Information within the FAQ also reviews and explains shipper account information needing to be provided, which is at the core of the new regulation.
The five common scenarios applicable to the new filing requirements (and some of the information to be collected) from the FAQ are below:
A. Direct Relationship with Carrier – In this scenario, the actual shipper has a direct relationship with the air carrier and the air carrier provides full logistics services to the actual shipper. The air carrier establishes an account directly with the actual shipper. For these shipments, the carrier files a simple air waybill as well as the Enhanced ACAS Security Filing.
B. Freight Forwarder /3PL (HAWB) – in this scenario, which is the most common for non-express air cargo shipments, a freight forwarder (or similar party) has the direct relationship with the actual shipper. In these cases, the actual shipper creates a customer account with the freight forwarder or similar party.
C. Self-Filer Scenario – This is the most common “express” shipping scenario due to the exponential growth of online shopping as well as the end-to-end business models of express shipping companies. A shipper (and a consignee on the other end of the transaction) creates an online account with a freight forwarder, customs broker or other 3rd party logistics provider. In these cases, an initial account is set up which typically includes basic account information to include the establishment of an account number. In industry best practices, a contact phone number and e-mail are collected, of which at least one is validated (e.g., two-factor authentication).
D. Self-Filer Internet Guest Log-on – A user signs on to the website of a 3rd party logistics provider via a guest account, sets up a shipment and prints out a label. While an account number may not be assigned, the 3rd party logistics provider collects minimum details such as party contact information. In this scenario, the Shipper Account Number may be left blank if none is presented.
However, the filer of the Enhanced ACAS Security Filing needs to clarify that Shipper Account Type was a Type “I” – Immediate Transaction. In terms of best practices, and for supply chain security purposes, 3rd Party logistics providers should take steps to significantly limit or even consider eliminating this practice. Where no Shipper Account Number exists, Bio Data, in the form of a government issued identification document (w/ Name, Address, date of birth, ID type, ID Number, ID issuer, etc.) and an Internet Protocol Address should be collected.
E. “Walk-in” to a Store Front – A customer brings a package to a store front to ship. The storefront takes care of the shipping and handling. In this scenario, the Shipper Account Number of the storefront or shipping outlet would be provided, and the Shipper Account Type would be “S” Shipping Outlet – Walk-in.
Where no Shipper Account Number for the actual shipper exists, Bio Data, in the form of a government issued identification document (w/ Name, Address, date of birth, ID type, ID Number, ID issuer, etc.). Alternatively, these customers should be encouraged to create an account.
Next Steps Airline carriers are in the process of reviewing the new Implementation Guide, and are updating their filing and related requirements for shippers and freight forwarders now. As additional information is made available, IAM will let members know.
If you have any questions in the interim, please contact Bryan Vickers (703-403-2882, bvickers@pacellp.com) with IAM’s Government and Regulatory Affairs Team.