C-TPAT Program now mandated by
Congress
The passage of the SAFE Port Act by Congress is certain to
usher in some changes in the C-TPAT Program. The new legislation
officially recognizes C-TPAT. It authorizes the Secretary of
Homeland Security, acting through the CBP Commissioner, to establish
officially the C-TPAT program. Participants in C-TPAT will be
classified in three tiers. This tier system simply will recognize
categories of participants with a tier 3 participant being one who
would do substantially more to protect the supply chain and, therefore,
receive greater benefits in moving the goods. Any significant importer
wil want to be a tier 3 participant. Section 212 of the new Act
discusses those eligible for participation in C-TPAT as follows:
"Importers, customs brokers, forwarders, air, sea, land carriers,
contract logistics providers, and other entities in the international
supply chain and intermodal transportation system are eligible to apply
to voluntarily enter into partnerships with the Departmnet under
C-TPAT." This section 212 appears to open the door for shippers'
associations as "contract logistics providers" to participate in
C-TPAT. We will need to await the promulgation of new regulations
by CBP. It will become critical for shippers' associations to be
able to participate in C-TPAT since we anticipate a firm requirement by
CBP that tier 3 participants use only other C-TPAT participants in the
supply chain.
AISA Sets Out to Accredit Shippers' Associations
AISA has as a goal over the next year to develop an
AISA accreditation program that will certify to the general shipping
public that an accredited shippers' association will follow a
best practices regimen that includes, among other things, a framework
of rules, relationships, and processes within which and by which
fiduciary authority is exercised and controlled. In short, AISA intends
to develop standards that will give the members of an accredited
shippers' association confidence that the accredited shippers'
association is using best practices to comply with the laws and
regulations, to comply with security initiatives, to meet its fiduciary
responsiblities, to ensure strong membership participation, and to
otherwise give the shippers' association the greatest opportunity to be
a fiscally responsible entity. AISA intends to reach out to its own
shippers' association members as well as non-members for industry
input.
Service Contracts, Association Contracts
We have reported on the opportunities
available to shippers' associations in the international field to enter
into service contracts with both ocean carriers and non-vessel
operating common carriers. This enables an association to lock in rates
and rules for a finite duration normally one year. The critical reason
for associations to take advantage of contracts with the carriers is to
avoid the uncertainty of subjecting the cargo to changing taiff rates.
What has been overlooked for the most part is the opportunity that
shippers' associations have to enter into individual written contracts
with their members respecting the cargo movements.
Bylaws of Associations and Opportunities
Normally shippers' associations as business entities
have incorporated under a non-stock state incorporation statute which
fits the cooperative venture. As with most corporations directors
routinely adopt bylaws to govern the relationship between the
corporation and its members. These bylaws merit close attention since
the document normally will be judged to be a contract between the
member and the corporate association. Under those circumstances there
are a number of provisions that are includable in bylaws such as
arbitration provisions which could reduce the cost to all parties in
the event of a dispute.
To learn more about AISA NEWS and the benefits of membership in
AISA, please contact Bill Clark, President, AISA, at (202) 628-0933 or
by e-mail at info@shippers.org.