More Data Elements Will Be Required From ACAS Filers, Per New Regs
CBP is amending its regulations for the Air Cargo Advanced Screening program, or ACAS, to collect additional data on flights carrying cargo to the U.S., according to a Federal Register notice.
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CBP will use the additional data to perform risk assessments prior to an aircraft's departure to the U.S. as part of a broader effort to identify and prevent high-risk air cargo from being loaded onto a flight. The additional data includes elements such as additional contact information for the consignee and shipment packing location and/or scheduled shipment pickup location, among other elements.
The rule is effective Nov. 21, though CBP will "show restraint" in enforcing the new data requirements for 12 months after the effective date. The agency said that, during that period, it will take "into account difficulties that inbound air carriers and other eligible ACAS filers may face in complying with the rule, so long as inbound air carriers and other eligible ACAS filers are making significant progress toward compliance and are making a good faith effort to comply with the rule to the extent of their current ability.
"While full enforcement will be phased in over this 12-month period, willful and egregious violators will be subject to enforcement actions at all times," CBP said. Comments on the rule, including on enforcement, are due Jan. 20.
In addition to new data elements requiring additional contact information for the consignee, the enhanced ACAS asks for the verified known consignor, shipper contact information, customer account data such as name and shipping frequency, "unmasked Internet protocol (IP) address or media access control address of the device used to initiate the shipping transaction and the unmasked IP address or MAC (MAC) address of the device used to file the ACAS filing each time an ACAS filing is submitted," and "link to product listing and unmasked internet protocol (IP) address or media access control (MAC) address of the device used by the consignee to purchase the product."
CBP also added a records retention requirement related to the new biographic data conditional data element.
Optional elements that an ACAS filer may include are second notify party, origin of shipment, declared value, and harmonized commodity code, among other data points.
CBP noted that at the time of the publication of the Federal Register notice, the agency intends to recognize the EU known consignor program as requiring sufficiently rigorous status criteria and vetting standards. "Thus, if recognized, an entity designated as a known consignor by the appropriate civil aviation authority of an EU member state would be noted in this data element field," CBP said. The agency also plans to recognize known shippers, as designated under TSA’s known shipper program.
The collection of additional data follows some incendiary incidents in July 2024 that sought to take advantage of some perceived vulnerabilities, according to CBP.
CBP subsequently launched an implementing period starting in 2024, where the agency held "extensive discussions with members of industry and government agencies to assess and reduce any potential complications that could arise with the additional data elements." Meanwhile, members of the industry initiated the development of technological capabilities and business processes needed to comply with the additional elements, CBP said.
CBP noted that, by engaging with the industry and the air cargo industry, a number of stakeholders and ACAS filers have already been transmitting these enhanced data elements ahead of the Federal Register notice.