CBP 10+2 NPRM is Published
The White Office of Management and Budget (OMB) has completed their review of US Customs & Border Protection's (CBP's) Notice of Proposed Rulemaking (NPRM) on the controversial program known as 10+2.
The proposed rule would create a requirement for a mandatory security filing for ocean cargo destined for the United States. The filing would need to be completed no less than 24 hours prior to loading at the foreign port. The filing consists of 2 additional data elements to be provided by the carrier and 10 additional data elements to be filed by the importer or its agent. Tying these requirements together is the bill of lading number, which in effect becomes an 11th data element.
There would be a phase-in period (previously discussed as being 12 months) in which parties would be required to file the data. Participating in the phase-in is mandatory. In effect this would be a live test of the concept and there may be adjustments and FAQs to facilitate implementation and compliance during this phase. According to the notice, CBP may utilize an informed compliance approach during this phase-in period. At the conclusion of the phase-in period, compliance with the filing requirement would become mandatory. Cargo not conforming to the security filing requirement would not be allowed to be loaded at the foreign port.
The public and trade at large now have until March 3, 2008 to comment on the rule. Once these comments have been recevied and considered by CBP the program will move to Final Rule shortly thereafter. A copy of the Federal Register Notice containing the 10+2 NPRM can be assessed by clicking here: 10+2 NPRM 01-02-2008 E7-25306.pdf