Miscellaneous International Trade Notices
American Shipper reports that on January 7, 2005, U.S. Customs and Border Protection (CBP) distributed a third draft of new C-TPAT security standards for importers to a select group of importers and trade associations, and have asked for feedback by Friday, January 14, 2005. (ShippersNewsWire@americanshipper.com )
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1. CBP Circulates Draft 3 of New C-TPAT Security Standards for Importers
2. President Bush Nominates Michael Chertoff as DHS Secretary
On January 11, 2005, President Bush announced his nomination of Judge Micheal Chertoff to be the Secretary of Homeland Security. According to a White House press release, Chertoff has been a judge on the U.S. Court of Appeals for the Third Circuit, Assistant Attorney General of the U.S., U.S. Attorney for New Jersey, and a federal prosecutor in New York City. (White House press release, dated 01/11/05, available at http://www.whitehouse.gov/news/releases/2005/01/20050111-2.html.)
3. NCBFAA Comments on TSA Air Cargo Security Proposed Rule
The Air Forwarding Subcommittee of the National Customs Brokers and Forwarders Association of America, Inc. (NCBFAA) has submitted comments on the Transportation Security Administration's (TSA) proposed rule to amend air cargo security requirements.
In its comments, NCBFAA urges TSA to work with the trade community to establish a phased-in compliance period with the new regulations. NCBFAA also expressed concern that according to TSA's proposed rule, indirect air carriers (IACs) would be "held accountable for securing the goods entrusted to them throughout the legs of the supply chain for which they are responsible." As a compromise, NCBFAA suggests an approach like the "Special Bill" procedure developed by CBP for non-vessel operating common carriers (NVOCCs) under the 24-Hour Rule. (NCBFAA press release, with link to NCBFAA's comments in their entirety (dated 01/10/05) available at http://www.ncbfaa.org/whatsnew/pressreleases/2005/tsacomments.htm.)
4. State Dept Certifies Venezuela Shrimp Imports, Withdraws Certification for Trinidad & Tobago, Panama
The State Department has issued a media note announcing that it has certified, pursuant to Section 609 of Public Law 101-162, that Venezuela has taken steps to improve enforcement of and compliance with its fisheries laws regarding the protection of sea turtles. However, the State Department also announced it is withdrawing Section 609 certification for both Trinidad and Tobago and Panama due to concerns about the effectiveness of the sea turtle protection programs in place for commercial shrimp trawl fisheries in those countries. (State Dept. media note dated 01/05/05, available at http://www.state.gov/r/pa/prs/ps/2005/40335.htm)
5. DHS Announces Completion of National Response Plan
The Department of Homeland Security (DHS) has announced the completion of the National Response Plan, which uses the National Incident Management System (NIMS) to establish a unified and standardized approach within the U.S. for protecting citizens and managing homeland security incidents. (DHS press release, dated 01/06/05, available at http://www.dhs.gov/dhspublic/display?content=4270; National Response Plan, dated December 2004, available at http://www.dhs.gov/nationalresponseplan)
6. DoD, GSA, and NASA Issue Interim Rule on Federal Acquisition Changes as a Result of Australia and Morocco FTAs, Etc.
The Department of Defense (DoD), the General Services Administration (GSA), and the National Aeronautics and Space Administration (NASA) have issued an interim rule, effective January 1, 2005, which, among other things, amends the Federal Acquisition Regulation (FAR) to implement the new free trade agreements (FTAs) with Australia and Morocco. DoD, GSA, and NASA have also issued a summary presentation of this interim rule and a small entity compliance guide. Comments on this interim rule are due by February 28, 2005. (FAC 2001-27, FAR Case 2004-027, FR Pub 12/28/04, available at http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28400.pdf (interim rule); http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28399.pdf (summary presentation); and http://a257.g.akamaitech.net/7/257/2422/06jun20041800/edocket.access.gpo.gov/2004/pdf/04-28401.pdf (small entity compliance guide))