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.

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Jul. 30, 2025: Gird Your Wires: Copper Tariffs Coming August 1st
Jul. 30, 2025: Brazil Gets Its Own IEEPA Tariffs
Jul. 30, 2025: De Minimis Window to Close August 29
Jul. 29, 2025: Boston Train Cars Detained by Customs for Forced Labor Allegations
Jul. 28, 2025: Trump Announces Trade Agreement Framework with the EU
Jul. 23, 2025: Trump Announces Trade Deals with Philippines, Indonesia, and Japan
Jul. 16, 2025: USTR Initiates Section 301 Investigation on Brazil
Jul. 15, 2025: Commerce Initiates Section 232 Investigations into Drones and Polysilicon Imports
Jul. 8, 2025: President Trump Spills the Tea on Copper Tariffs
Jul. 2, 2025: Trump Announces Trade Deal With Vietnam
Jul. 1, 2025: Canada Changes Course on Digital Services Tax
Jun. 17, 2025: Trump Administration and UK Sign Trade Deal
Jun. 16, 2025: Customs' Guidance on Aluminum Imports: Know the Country of Smelt and Cast or Pay 200%
Jun. 12, 2025: U.S. and China in a Trade Deal with Details to Follow
Jun. 9, 2025: Section 232 Steel and Aluminum Tariffs Rise, Change, and Maybe Expand
Jun.3, 2025: Section 232 Steel and Aluminum Tariffs on the Rise
Jun. 2, 2025: CIT Clarifies Scope Referral Requirement in EAPA Cases
May 30, 2025: Tariffs Back on For a While Probably, Maybe
May 22, 2025: Skirting the Law: UFLPA Compliance and Subsidiaries
May 15, 2025: Another Customs "Clarification" Excludes Feeder Ships from In-Transit Vessel Exemption
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May 12, 2025: Commerce Initiates Section 232 Investigation on Aircraft, Engines, and Parts
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May 7, 2025: CIT Issues Classification Neither Party Advocated
May 1, 2025: A Brief Survey of the IEEPA Legal Challenges
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
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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
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Apr. 4, 2025: Global Response to U.S. ‘Reciprocal Tariffs'
Apr. 3, 2025: Correction and Exclusions for ‘Reciprocal Tariffs' Published
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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