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New US AMS Rules Require Prompt Action
01 Jun 2004
Since 2 April this year carriers entering or leaving the US who fail to comply with the required advance electronic presentation of cargo information face enforcement measures by the USBureau of Customs & Border Protection (CBP), writes Stephen Hawke, Executive Director of Aon Limited ' s Marine Division .
The US Maritime Transportation Security Act 2002 passed into law in the US in 2002 with the aim of improving the security of cargo shipments entering or leaving the US by sea, air, rail or truck. This Act requires, inter alia, the mandatory submission of cargo manifest by electronic means.
Following implementation of the new law, on 5 December 2003 the new Automated Manifest System (AMS) Final Rule was published.
This entered into force on 4 March 2004, with an 'informed compliance' period up to 2 April for all vessels other than container vessels.
The new requirement applies to ocean carriers and NVOCCs. Until now, the shipping industry has been seeking clearer interpretations of the word 'carrier' from US Customs. To date the CBP has declined to provide a general ruling as to the identity of the carrier required to comply with the AMS Rule and has decided that the shipping industry is in the best position to determine who the carrier is for automation purposes.
Given this situation we believe the best course of action for anyone falling within the category of Head Owner, Bareboat Charterer, or Time Charterers issuing their own Bills of Lading, is to file an appropriate application with US Customs to become an AMS participant. This will involve evidencing the company's individual SCAC number, the Individual Carrier Bond number and the individual Importer Number. It is no longer possible to file a cargo manifest using the local Agent's SCAC and Bond. This can prove to be a lengthy procedure, particularly when it comes to obtaining an International Carrier Bond, so prompt action is advisable.
MJ Information No: 19552
