To: Perishable Specialist, Inc., The

C-TPAT Members:

Please find below a general public informational notice that was recently posted on the C-TPAT portion of the CBP website.  This notice describes the program’s longstanding position regarding its enforcement and appeal process. This process has been discussed at the C-TPAT annual conference and other venues over the years and the intent herein is to provide a clearer understanding of the process to all concerned.  The program has worked diligently to ensure that suspension and removal decisions are balanced, taking into account all relevant factors and will continue to do so moving forward.  

Thank you,

S/ Bradd M. Skinner
    Director, C-TPAT   
 

 

Customs-Trade Partnership Against Terrorism (C-TPAT) Enforcement And Appeal Process

The C-TPAT program is one layer in U.S. Customs and Border Protection’s (CBP) multi-layered cargo enforcement strategy.  Through this program, CBP works with the trade community in adopting tighter security measures throughout their international supply chains.  In exchange for adopting these stronger security practices and after verification by CBP that the measures are in place, CBP affords these members reduced inspections.  C-TPAT is a voluntary program with a “trust but verify” mantra and as such the program must take immediate action to suspend or remove partners which are not in compliance with the program’s minimum security criteria. This informational notice outlines the program’s enforcement and appeal process.

C-TPAT members may be suspended or removed from the program for several reasons to include, but not limited to, the following: narcotics seizures or other security related incidents such as human smuggling attempts, failed validations, non-response to required information or an overall lack of commitment to the program.

The C-TPAT Headquarters (HQ) Program Director makes the final decision to suspend or remove a member based upon all available information to include reports and recommendations made by C-TPAT Field Managers.  In certain circumstances companies are removed outright from the program such as when they are found to provide false information, demonstrate no security or a total disregard for the program’s requirements.  In other instances, which may not be as egregious but nonetheless significant, the company may be suspended with the intent of giving the member an opportunity to come into compliance.

Once an incident occurs, C-TPAT determines the appropriate next steps on a case-by-case basis.  These steps normally include suspending benefits such as FAST lane access and the Automated Targeting System score reduction and conducting a post incident analysis to determine were the break-down occurred.

In order to be reinstated into the program after an incident, the company must agree to a corrective action plan which identifies specific objectives and time frames. In addition, the company must consent to un-announced visits until such time CBP is satisfied that the company is in full compliance. In the case of a failed validation, the company must demonstrate that it has successfully addressed all vulnerabilities before being fully reinstated.     

Companies that are suspended or removed may appeal the decision to the Executive Director, Cargo and Conveyance Security. Appeals should include all relevant information which demonstrates how the company has addressed the issues in question.

To avoid these actions, C-TPAT members must ensure they are in full compliance with the minimum security criteria and be cognizant of and responsive to mandated timeframes. To view the C-TPAT minimum security criteria, please visit: http://www.cbp.gov/xp/cgov/trade/cargo_security/ctpat/.

C-TPAT members may address specific questions to their assigned SCSS and non-members may contact the C-TPAT HQ at industry.partnership@dhs.gov.