CBP Announces its May 1 Enforcement of the FAST Card Requirement for BRASS Shipment Drivers
U.S. Customs and Border Protection (CBP) has issued a press release stating that beginning May 1, 2005, drivers transporting shipments using the Border Release Advance Screening and Selectivity (BRASS) release system may do so only if they have been issued a Free and Secure Trade (FAST) driver identification card.
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Two Phases of its Enforcement of FAST Card for BRASS
May 1 - May 15, 2005 (Penalties). CBP states that from May 1 - May 15, 2005, non-compliance with this component of the Trade Act of 2002 will result in the carriers facing penalties under 17 USC 1436 for violations.
Beginning May 16, 2005 (Denial of permit / entry). CBP adds that beginning May 16, 2005, non-compliance with this component of the Trade Act of 2002 will result in denial of the permit to proceed for the conveyance / denial of entry for the conveyance.
Increased Staffing and Extended Work Hours of CBP FAST Centers
According to CBP, it has increased staffing and extended the working hours of the FAST Processing Center and its FAST Enrollment Centers. CBP states that this will help alleviate the expected increase in new applicants trying to satisfy the May 1, 2005 compliance date. CBP has also notified carriers in an attempt to expedite issuance of the FAST cards for their drivers.
(On January 28, 2005, CBP announced that it had postponed the enforcement of this FAST Card requirement for BRASS shipment drivers until May 1, 2005, due to a surge in FAST commercial driver applications in December 2004 and January 2005. See ITT's Online Archives or 02/03/05 and 02/01/05 news, 05020305 and 05020110, for BP summaries of this delay and other details of CBP's announcement, respectively.
CBP sources have previously stated that enforcement of the FAST card requirement for BRASS shipment drivers will occur at all ports on May 1, 2005, except that according to CBP's January 2005 announcement, the ports of International Falls and Grand Portage, MN, Jackman, ME, and Eastport, ID continue to be exempt until publication of a Federal Register notice.
See ITT's Online Archives or 04/14/05 news, 05041405 for BP reminder on BRASS/FAST card enforcement date of May 1, 2005. See ITT's Online Archives or today's 04/26/05 news, 05042605 for BP summary of FAQ which reflects these BRASS/FAST phases, etc.)
CBP's press release (dated 04/25/05) available at
http://www.cbp.gov/xp/cgov/newsroom/press_releases/04252005.xml.
BP Note
CBP has previously stated that in order to effect the advance electronic transmission of the required truck cargo information to CBP as mandated by the Trade Act of 2002 and a December 5, 2003 final rule, CBP approved the following two interim Electronic Data Interchange (EDI) systems for use until the Automated Commercial Environment (ACE) Truck Manifest (Release 4) becomes fully operational: (1) Pre-Arrival Processing System (PAPS), and (2) QP/WP (an Automated Broker Interface (ABI) in-bond processing system that allows ABI filers to create and process in-bond shipments).
However, as a temporary accommodation, CBP stated that it would not require either of the CBP-approved EDI systems to be used if the merchandise transported by the truck carrier is currently approved for processing under the BRASS or the Customs Automated Forms Entry System (CAFES) programs. CBP stated that under the BRASS program exception, certain conditions must be met, one of which is that the truck carrier carrying the merchandise only utilizes drivers who are registered under the FAST program and carrying a FAST Driver Card.)