The following is an update to recent announcements
by U.S. Customs and Border Protection (CBP), concerning C-TPAT.
C-TPAT Fall 2003 Anti-terrorism
CBP has announced that a C-TPAT anti-terrorism training
seminar will be held during the period of October 27-30, 2003,
at the Palace Hotel in San Francisco, California. The seminar
is free, but only current members of C-TPAT are permitted to attend.
CBP has indicated that attendees should be individuals directly
responsible for the implementation of C-TPAT security guidelines
in their company. The format of the San Francisco conference
will resemble CBP's first seminar, held in Miami earlier this
Expands C-TPAT Eligibility To Mexican Manufacturers And Certain
Asian And European Factories
CBP has long recognized that the supply chain of an
importer cannot be secure until the importer's foreign manufacturers
are allowed to join C-TPAT.
CBP has announced that the first phase of opening
C-TPAT to foreign manufacturers will be to offer C-TPAT participation
to Mexican manufacturers, Mexico-related parties, and a select
group of foreign manufacturers in Asia and Europe. For the select
group in Asia and Europe, these foreign manufacturers will be
contacted directly by CBP to determine if they are interested
in joining C-TPAT. Even if a company has a related overseas manufacturer,
it will not be eligible to join unless it is located in Mexico
or is one of the select groups located in Asia and Europe.
CBP has indicated that, even if the foreign manufacturer
is a certified BASC (Business Anti-smuggling Coalition) member,
the company must still apply for C-TPAT, because BASC is a private
sector controlled initiative, whereas C-TPAT is a CBP-sponsored
program. It is anticipated that certified BASC companies will
more rapidly meet the standards of C-TPAT, thus expediting the
enrollment process. CBP intends to validate all of the foreign
manufacturers that become C-TPAT certified.
C-TPAT And FAST Certification
For Border Carriers
CBP is modifying the FAST (Free And Secure Trade)
program, which is designed to improve the efficiency of screening
and clearing commercial traffic at the borders shared with Canada
and Mexico. FAST-approved carriers can obtain benefits, such
as dedicated lanes for greater speed and efficiency and the clearance
of FAST-transported shipments, and reduced number of examinations
for compliance. At present, FAST can only be used at certain
U.S. ports of entry. The modifications change the eligibility
and application requirements in order for a company to participate
in FAST. In order for U.S.-bound commercial shipments to be able
to use the FAST lane, the merchandise must be imported by a C-TPAT
certified importer. In addition, the merchandise must be transported
by a C-TPAT approved carrier who is also FAST-certified. Moreover,
the driver must be in possession of a valid FAST commercial driver
card. The application for becoming FAST certified can be viewed
on CBP's web site (www.cbp.gov).
This application also includes criteria for being a member of
C-TPAT. Even if a carrier is FAST-certified for the Northern
Border, the carrier must make a separate application to receive
benefits along the Southern border. This is because the information
used to apply for the Northern and Southern borders is slightly
different. In order to be eligible for FAST along the Southern
border (Mexico), the merchandise must be manufactured by a C-TPAT-certified
Our law firm has assisted many companies in applying
for certification in C-TPAT, including importers, NVOCC's, and
customshouse brokers. Thus, we can assist companies in applying
for C-TPAT as well as FAST.
Stephen S. Spraitzar, an attorney with the Law Offices
of George R. Tuttle, intends to attend the San Francisco CBP training
If you have any questions on any of the issues raised
in this newsletter, please contact Steve Spraitzar at (415) 288-0427
or via email at firstname.lastname@example.org,
or George R. Tuttle at (415) 288-0425 or via email at email@example.com.
Stephen Spraitzar is an attorney with the Law Offices
of George R. Tuttle in San Francisco. The information in
this article is general in nature and is not intended to constitute
legal advice or to create an attorney-client relationship with
respect to any event or occurrence, and may not be considered
© 2005 by Tuttle Law Offices.
rights reserved. Information has been obtained from sources believed
to be reliable. However, because of the possibility of human or
mechanical error by our offices or by others, we do not guarantee
the accuracy, adequacy, or completeness of any information and are
not responsible for any errors, omissions, or for the results obtained
from the use of such information.