CBP requires marine terminals to post bonds for cargo security
U.S. terminal operators will be required to obtain a bond to guarantee payment of penalties issued for the unauthorized release of ocean containers that have been designated for security inspections, according to a notice posted Wednesday on the U.S. Customs and Border Protection Web site.
Terminal operator bonds will be required to do business, starting Jan. 20, CBP said. The rule applies to standalone terminal operators. Ocean carriers that already have a bond and also operate terminal facilities will not be required to take out an additional bond and operators of bulk terminals are also exempt.
The bond requirement is one of several steps being taken by CBP to crack down on instances, referred to as “gate outs,” in which terminal operators mistakenly release containers for delivery that Customs has flagged for inspection. The problem, as previously reported by Shippers’ NewsWire, is limited to about 300 cases a year compared to millions of containers entering the country, but the Department of Homeland Security is worried that a container that slips through Customs could carry a nuclear or radiological weapon smuggled by terrorists to attack a U.S. city.
CBP is also ratcheting up the penalties for premature cargo releases and pressing terminal operators to link to the agency’s Automated Manifest System so the terminal operator can directly view “hold” messages for inspection rather than rely on the carrier for information about the container’s status.
Terminal operators must post bonds with at least $100,000 of liability coverage, with the actual level to be determined by the local port director, CBP said. The volume of cargo traffic handled by a terminal may be a factor in setting the bond amount. The port director can set the bond amount up to $250,000 based on past violations. Higher bond levels based on performance can only be set with the permission of CBP headquarters.
To read the notice go to https://www.cbp.gov/linkhandler/cgov/toolbox/legal/bulletins_decisions/bulletins_2006/vol40_12202006_no52/40genno52.ctt/40genno52.pdf .
CBP requires marine terminals to post bonds for cargo security