Importer Security Filing “10 + 2”

What is it? Required electronic filing of certain data elements 24 hours prior to the vessel loading in the foreign port Only for container, ocean cargo for now

Purpose To help prevent terrorist weapons from being transported to the United States Data necessary to identify high risk cargo

Who? Importer will be held liable for the filing Importer can appoint an agent such as the freight forwarder or customs broker

10 data elements required from importer 1.Seller’s name & address 2.Buyer’s name & address 3.Importer’s IRS number 4.Consignee’s IRS number 5.Manufacturer’s name & address 6.Ship to party’s name & address 7.Country of origin 8.HTS # to the six digit (can file 10 digits) 9.Container stuffing location or number 10.Consolidator/stuffer’s name or number

2 data elements required from carrier Stow plan within 48 hours after departure (or prior to arrival for voyages less than 48 hours). Container status messages (CSM’s) for any changes in location or status of containers, terminal gate inspections, intra-terminal movement, etc.

Flexibility Container stuffing location & consolidator may be submitted as late as 24 hours prior to arrival of the vessel Can submit the importer, consignee, or facility of unloading if the “ship to” party is unavailable. Correct data must be transmitted 24 hours prior to the vessel’s arrival in the US port

Filing Requirements Required for each shipment at the lowest bill of lading level (Master bill, house bill) Manufacturer, origin, HTS must be linked at the line item level Must be filed electronically via ABI or AMS

Details of required data Seller, manufacturer, ship to party, stuffer, consolidator can submit the FIRMS code or DUNS number in lieu of name & address MID are not acceptable for manufacturer Corporate addresses acceptable for manufacturer or supplier; not acceptable for “ship to” party.

Details of required data Ship to party is the first location where the container will be unloaded. May be a container freight station If filer can not reasonably verify information, CBP will allow the transfer based on what is believe to the best of their knowledge to be accurate Updates are allowed if more accurate information is obtained (prior to arrival)

POA & Bond Power of attorney is required for the agent to file Does not have to be a US person filing Bond is required (continuous bond will cover the ISF) A new bond will be created just to cover ISF for importers without bonds Can be filed under the agents bond

Enforcement Restraint CBP will be lenient for the first 4 months but will review the importer’s attempts to correctly file and their progress

Penalties Liquidated damages of $5,000 per violation for importers Penalties for carriers are capped at $50,000 per vessel for stow plan violation and $100,000 per vessel for CSM violations

Legal Notice Copy of the Federal Register mandating available at the website below: fed_regs_offsite_links_2008.xml