FDA Update on Aligning PGA "Trusted Trader" Programs, Document Imaging
A Food and Drug Administration official who spoke at the September 2011 annual NCBFAA1 Government Affairs Conference gave an update on the Border Interagency Executive Council's efforts to (i) align participating government agency (PGA) “trusted trader” programs; and (ii) share information and images via the Document Image System (DIS).
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(The BIEC was created in November 2010 to serve as a governmental advisory board on interagency import safety-related issues. The Council’s goals are: (i) information sharing (e.g. ISF data, certifications of conformity, etc.), including exploring the feasibility of sharing enforcement actions and administrative information, sharing information on companies in good or poor standing, etc.; (ii) document imaging; and (iii) partnership programs, including best practices in targeting and enforcement. It is composed of staff from CBP, CPSC, EPA, FDA, APHIS, ATF, FSIS, ICE, NHTS, and NMFS, with certain other associate agencies such as Treasury.
See ITT’s Online Archives or 10/22/10 news, 10102210 for BP summary of 10-agency agreement on import safety, which lead to the formation of the BIEC, etc. See ITT's Online Archives or 03/21/11 news, 11032123, for BP summary on Commissioner Bersin's interest in a private sector committee to advise the BIEC. See ITT's Online Archives or 08/25/11 news, 11082506, for BP summary of COAC subcommittee's work to develop advice for BIEC, including documenting the problem of repetitive, redundant PGA data and initial documentation for a trusted shipper program that could be recognized by CBP and the PGA.)
Trusted Trader Alignment Would Bring Efficiencies and Risks for Importer
The official acknowledged that the trade sometimes criticizes trusted trader programs for not offering enough benefits. They have also complained that CBP's Customs-Trade Partnership Against Terrorism (C-TPAT) benefits are inadequate if the member's imports are only to be held up by FDA or another agency.
He agreed that better alignment of these programs would certainly create efficiencies for importers, but he also warned that greater alignment would mean more information sharing among agencies. This could means that a misstep in one program would lead to concerns in another agency’s trusted trader program.
One audience member suggested adding components to CBP’s C-TPAT, such as a food safety component, as an easier way to align agency programs.
(See ITT’s Online Archives or 09/21/11 news, 11092116, for BP summary of CBP and NCBFAA representatives saying they are exploring the role of the broker as a “force multiplier” to increase importer participation in trusted trader programs.)
Still Working on Sharing Document Images for Admissibility Determinations
The official also noted that four of the ten member agencies of BIEC already have certain DIS imaging capabilities in place, but they are still working to share the information from this system. The hope is that having information from various agencies regarding a specific importer could help in admissibility determinations.
(In March 2011, CBP created a link in the ACE Portal to allow CBP and the PGAs to access DIS for imaged forms. CBP plans to use "Web services" technology to push imaged forms and data to PGAs, and to give the PGAs the standards for these web services by September (instead of by August). CBP will then determine which agencies will be ready for testing this functionality. See ITT’s Online Archives or 09/21/11 news, 11092117, for BP summary.)
1National Customs Brokers & Forwarders Association of America, Inc.