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Trade Environment Pre 9/11. Based on statutory and regulatory requirements.Strict trade compliance measurement.Separate from admissibility.Separate from revenue.Almost every violation viewed as material.Hefty fines, penalties and other sanctions.Close scrutiny.Constant process of filing corre
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1. Port and Border Security Needs and ProgramsHomeland Security Financing BriefingNational Press ClubWashington, DCJune 18, 2002 Carol Fuchs Government Relations Counsel
Katten Muchin Zavis Rosenman
1025 Thomas Jefferson St., NW
East Lobby, Suite 700
Washington, DC 20007
202-625-3635
carol.fuchs@kmzr.com
2. Trade Environment Pre 9/11 Based on statutory and regulatory requirements.
Strict trade compliance measurement.
Separate from admissibility.
Separate from revenue.
Almost every violation viewed as material.
Hefty fines, penalties and other sanctions.
Close scrutiny.
Constant process of filing corrections.
Burdensome, intrusive audits.
Processes from the distant past.
3. Trade Environment Post 9/11 Attention largely shifted to security.
Heavy reliance on voluntary programs.
Customs-Trade Partnership Against Terrorism (C-TPAT).
FAST, STEP, CSI, NEXUS, and many others.
Success measured by high compliance, not revenue.
Less intrusive trade compliance audits.
Focus on internal controls; limited transaction sampling.
Voluntary “self assessment” program.
4. Why is C-TPAT fundamentally different? Participation is voluntary.
Government offers benefits, but no penalty for non-participation.
Customer driven down the supply chain.
Based on flexible guidelines/recommendations, not rigid standards.
Applicants prepare their own profiles.
Acceptance based on government review of application.
No government or third party audit required.
Program integrity maintained through validation process.
“Is the partner doing what the partner promised to do?”
5. Challenges for Trade Resources focused on security, yet legal requirements for trade compliance remain.
Increasing pressure to participate in voluntary programs.
New requirements for advance submission of cargo information.
Detailed data elements.
Long advance lead times.
Heavy emphasis on automation.
Not limited to high risk cargo.
Data exchanges and delays create security risks.
6. Special Challenges Maintaining flexibility of voluntary programs.
Minimizing cost and burden associated with:
Automation.
Staffing.
Duplication.
Policing.
Managing interagency coordination.
Worldwide harmonization.
TRADE SHARES SECURITY CONCERNS AND SUPPORTS GOVERNMENT EFFORTS.