Cargo Security

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Following the tragic events of 9/11, the Bureau of Customs and Border Protection (CBP), a part of the Department of Homeland Security (DHS) that was formed in response to those events, together with other agencies in DHS, became responsible for ensuring that goods being imported into the U.S. had been secured from terrorist threats. A number of different legal requirements have been instituted, most recently the requirement that importers file an Importer Security Filing (ISF) with each entry of containerized cargo. The US has also worked with numerous port authorities around the world to enhance the security measures taken overseas before cargo whose final destination is the US is laden on a vessel. Air cargo is also subject to enhanced security requirements, including cargo handled by express couriers.

Customs-Trade Partnership Against Terrorism

However, the program that has probably had the greatest impact on importers and foreign suppliers is the Customs-Trade Partnership Against Terrorism (C-TPAT), which CBP first rolled out in 2002. While this, nominally, is still considered a "voluntary" program, market conditions, such as the requirement that C-TPAT members only deal with business partners who are either C-TPAT members or can certify that they meet C-TPAT minimum security standards, suggests that it is, for practical purposes, a requirement for all importers. Security reviews have also been made a standard part of a Customs audit for those companies who are not members of C-TPAT.

C-TPAT Application

The procedure for joining the C-TPAT program, and the conditions for maintain membership in the program are found on the CBP website. Briefly, the applicant, which may be an importer, broker, other party in the supply chain such as a carrier or consolidator, as well as certain foreign suppliers, must respond to the questions on the CBP website which address the security profile of the applicant. A Supply Chain Security Specialist (SCSS) will review the responses and if all are acceptable, will inform the applicant that they have been accepted as a member of the program. In the case of an importer the application will ask questions about the security measures that are in place at all of the locations which handle cargo destined to the U.S. such as factories, consolidators, warehouses, etc. They questions are quite specific, such as what type of physical security is present at the plant, is there a perimeter fence, what type of access controls are in place for visitors and employees, how is inventory guarded, what procedure is followed to load and seal containers, what type of security training and awareness programs are in place, what type of IT security is in place and similar questions that are all designed to allow CBP to acertain whether the facilities met so-called “minimum security requirements.” After an importer is accepted into the program, CBP will schedule a validation, i.e.., a visit to a foreign facility. If the security procedures at the facility are found to be acceptable the importer will become a certified member and be giving a rating of Tier II (meets minimum security standards) or Tier III (exceeds minimum security standards), or will fail the validation and be given an opportunity to address the changes that have been identified or be suspended from the program. Every member has to be re-validated every three of four years, depending on their status in the program.

BRC has assisted many importers in helping them prepare for the application process, assisting in filing the application and preparing companies for a successful validation. Several clients that we have helped have attained Tier III status, a ranking that is achieved by only a few hundred of the ten thousand companies who have joined so far. We have provided guidance on how to evaluate several hundred supply chains that individual companies may have and have provided clients with all the necessary tools needed to remain member in good standing in the program.

Apr. 30, 2025: CBP Clarifies: In-Transit Tariff Exemption Applies Only to Vessel Shipments
Apr. 29, 2025: Administration to Ease Auto and Parts Tariffs
Apr. 29, 2025: Latest Executive Order Limits Tariff Stacking
Apr. 24, 2025: De Minimis Ending for Goods of China (and Hong Kong)
Apr. 23, 2025: Section 232 Takes on Medium and Heavy-Duty Trucks
Apr. 17, 2025: Another Rapid Response Mechanism Request on the Books
Apr. 16, 2025: Trump Orders National Security Investigation for Critical Minerals
Apr. 10, 2025: EU to Pause Countermeasure Response for 90 Days
Apr. 9, 2025: EU and China Strike Back with Tariffs on U.S. Imports
Apr. 9, 2025: Trump Announces 90-Day Pause on Country-Specific Reciprocal Tariffs
Apr. 8, 2025: Customs Issues "Reciprocal Tariffs" Guidance
Apr. 8, 2025: White House Indicates China Will Face (at least) 104% Duties
Apr. 4, 2025: Tariff Subheading Guidance for ‘Reciprocal Tariffs' Published
Apr. 4, 2025: Global Response to U.S. ‘Reciprocal Tariffs'
Apr. 3, 2025: Correction and Exclusions for ‘Reciprocal Tariffs' Published
Apr. 2, 2025: Trump Announces 25% Tariff on Passenger Vehicles, Light Trucks, and Auto Parts
Apr. 2, 2025: Changes to De Minimis Duty Free Treatment for Good from China and Hong Kong
Apr. 2, 2025: Reciprocal Tariffs Announced
Mar. 27, 2025: President Trump Announces 25% on Autos and Light Trucks
Mar. 25, 2025: 25% Tariffs on Countries that Import Venezuela Oil
Mar. 19, 2025: AD/CVD Petitions Filed for Corrugated Boxes from China and Vietnam
Mar. 13, 2025: Countries Around the World Strike Back at the Trump Administrations Increase in Tariffs
Mar. 11, 2025: U.S. Seeking Broad Trade Agreement with India
Mar. 11, 2025: As Tariffs Loom, Steel and Aluminum Rules Remain in Flux with Lost Exclusions and Increased Duties
Mar. 11, 2025: CBP Guidance on Duties on Imports of Steel and Steel Derivative Products
Mar. 11, 2025: CBP Guidance on Duties on Imports of Aluminum and Aluminum Derivative Products
Mar. 11, 2025: Canadian 50% Steel & Aluminum Tariff Reportedly Averted
Mar. 11, 2025: Steel & Aluminum Derivatives Tariffs Outside Chapters 73 & 76 Effective This Week
Mar. 10, 2025: USTR Announces 2025 Trade Agenda
Mar. 6, 2025: Tariff Exemptions on Mexican USMCA Imports Reported
Mar. 6, 2025: All USMCA Imports Reportedly Exempt from Tariffs
Mar. 6, 2025: USMCA Tariff Exemption Executive Orders Published
Mar. 5, 2025: Senators Revise Plan to Tie Duties to Carbon Emissions
Mar. 5, 2025: Tariffs on Autos Under USMCA from Canada or Mexico Reportedly Suspended One Month
Feb. 4, 2025: Steel and Aluminum: The Gifts That Keep on Giving
Mar. 3, 2025: Timber, Lumber, and Derivatives Get Their Own National Security Investigation
Mar. 3, 2025: Canada and Mexico Duties Deadlines Arrive with No Indications of Delay
Feb. 28, 2025: Trump Indicates Likely March 4, 2025 Duty Increases
Feb. 26, 2025: Updated Guidance on Additional Duties for Imports from China and Hong Kong
Feb. 26, 2025: Copper Gets Its Turn for National Security Treatment
Feb. 24, 2025: Indictments Handed Down in Export Scheme
Feb. 24, 2025: The Next Shoe to Drop? USTR Proposes Actions Against Chinese Ships
Feb. 18, 2025: Preliminary ITC AD/CVD Determinations on Erythritol
Feb. 13, 2025: Trump Announces Marching Order for "Reciprocal Tariffs"
Feb. 11, 2025: Important Changes to Steel and Aluminum Imports into the United States
Feb. 11, 2025: Details Regarding New Aluminum Tariffs
Feb. 7, 2025: Making Sense of the Trump Trade Agenda

View Archive

Jan. 22, 2025: Webinar: What We Know After the Inauguration
Sep. 9, 2024: McPherson to Co-Moderate Export Enforcement Discussion
Jun. 2, 2023: BRC and Attorneys Ranked in 2023 Chambers Guide
March 2, 2017: David G. Forgue to Participate in Georgetown International Trade Update
June 28, 2006: Customs-Trade Partnership Against Terrorism: What you Need to Know and What to Expect
By: Frederic D. Van Arnam, Jr.
April 26, 2006: New C-TPAT Standards for Highway and Sea Carriers
July 19, 2005: C-TPAT Applications to be Made On-Line
Jun. 24, 2004: Bioterrorism Penalty and Mitigation Guidelines Announced
Apr. 23, 2004: Update on FDA Registration and Prior Notice
October 2003: Securing the Supply Chain
By: Frederic D. Van Arnam, Jr.
August 2003: Cargo Security -- The Legal Perspective
By: Frederic D. Van Arnam, Jr.
May 2003: Cargo Security and U.S. Customs
By: Frederic D. Van Arnam, Jr. and Robert E. Burke

Final C-TPAT Security Criteria

Information on the Bioterrorism Act of 2002