CBP Posts Mitigation Guidelines for Advance Electronic Cargo Information Requirements
CBP compiled its mitigation guidelines for penalties related to advance electronic cargo information requirements in a new document. The new document largely follows information released by the agency in 2005 and amended in 2011. "The failure of an arriving carrier (vessel, air or rail) to be automated in the Automated Manifest System ('AMS') at all ports of entry in the United States, or the failure of an arriving carrier (vessel, air or rail) or of any authorized electronic transmitter to provide the required advance electronic cargo information in the time period and manner prescribed by [CBP] regulations may result in the delay or denial of a vessel carrier’s preliminary entry-permit/special license to unlade, an air carrier’s landing rights, a train carrier’s permission to proceed, and/or the assessment of any other applicable statutory penalty," CBP said.
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Mitigation factors include Customs-Trade Partnership Against Terrorism participation, a low error rate in handling cargo and inexperience with transmitting the cargo information, CBP said. A rising error rate, lack of cooperation with CBP or evidence of smuggling are considered to be aggravating factors. CBP also posted mitigation guidelines for penalties related to failure to comply with electronic crew manifest requirements for vessel and aircraft.