Homeland Security U. S. A: “24 Hour Rule” Essay Example

2004",1).

The purpose of the 24 Hour Rule is to require carriers to provide advanced manifests to US Customs, in order to reduce potential terrorist attacks in harbors and ports. It also extends the reach of US borders to foreign ports. For instance, if a container on a ship holds a bomb while awaiting clearance from US Customs, it would either detonate in the foreign port or be flagged in that port. This gives US Customs the advantage of researching the Importer on Record and the final use of the shipment before granting clearance.

The 24 Hour Rule allows Customs to access the container information and parties involved, identifying high-risk containers and goods entering the United States. For instance, any cargo from Cuba is prohibited due to the embargo against Cuba. If the US were to receive cargo from Cuba, it would be deemed suspicious and pose potential harm to the country. Hence, it would be denied entry into the US, ensuring the safety of our nation from potential terrorist attacks. Another responsibility of the 24 Hour Rule is to submit accurate and valid manifest documents to US Customs before loading goods at the foreign dock.

This includes details about the end user (buyer), seller (Purchaser), country of origin (country made), and final use of the product (final product). The United States considers this information crucial due to the potential use of various materials in bomb-making. Additionally, the manifest documents examine the sender's identity, as the Government maintains a list of individuals prohibited from importing or exporting goods into or out of the United States due to their association with terrorism or drug trafficking. While the 24 Hour

Rule encompasses multiple responsibilities, it also involves the accountability of others.

The carriers have the main responsibility of enforcing the 24 Hour Rule, which mandates them to notify US Customs via AMS (Automated Manifest System), an electronic system that facilitates the quick and efficient transfer of manifest documents. It is their duty to ensure the accuracy and proper documentation of all cargo information. Before loading the cargo onto a foreign port's vessel, they must obtain approval from US Customs. Failure to comply with this requirement will result in a fine of $5,000 for the first offense and $10,000 for subsequent offenses. Additionally, carriers must decide if they are willing to accept liability for any issues with the cargo upon its arrival in the United States and verify its legitimacy.

The 24 Hour Rule has both drawbacks and advantages for carriers. It also benefits importers and the United States. The rule poses difficulties for most carriers and presents a challenge for US Customs officers in assessing the level of risk associated with different containers. Despite the high risk, carriers benefit from the expedited clearance process, enabling them to obtain faster clearance at the Port of Entry. If a carrier's cargo is fully cleared before arrival, they can avoid any issues or lengthy waits at the border for Customs to approve entry. Consequently, this results in less time spent at Border Patrol and at the dock, ultimately saving the carrier a significant amount of money.

According to Bonner, the absence of fines or penalties for non-compliance benefits the carrier due to the 24-Hour Rule. This rule has increased security against terrorist threats in both US seaports and the global supply

chain. However, there is still work to be done in protecting our borders from unwanted cargos and terrorists. To address this issue, Homeland Security implemented CSI, another rule that helps share liability. The US government enforces both the CSI rule and the 24 Hour Rule to enhance import security within its borders. Carriers are assisted by the CSI rule as it screens potential exports to the country.

The CSI rule is a measure implemented by the United States to ensure the safety of shipments entering the country. This involves placing US Custom officers at 20 major ports worldwide to pre-screen containers before they are shipped to the United States. These officers have the responsibility to ensure that the shipment manifest is complete and accurate, and to detect any potential terrorist activities or connections linked to the shipment. The implementation of the CSI rule consists of multiple phases, similar to the 24 Hour Rule. The first phase involves identifying containers that are considered high-risk at the foreign port. In the second phase, these high-risk containers are pre-screened based on location or individuals involved in the transaction. The third phase incorporates the use of advanced technology, such as radiation detectors and large scaled radiographic imaging machines, to detect potential weapons of terrorism. Lastly, the final phase is dedicated to tamper-evident containers, which allow the port of entry (arrival port) to determine if any containers were opened or tampered with during transit.

In the foreign port, if a container is checked and sealed by a US Customs officer, it will either be re-checked or denied entry upon arrival, depending on the Customs officer (Cohen, 72). All of these phases are

implemented and intact, and all importers and carriers must adhere to them. The United States receives over 6 million containers annually, which represents more than 50% of the world's sea cargo containers. Our implementation of the CSI rule can be attributed to our position as one of the largest players in the global market and our vulnerability to threats from terrorists.

The CSI rule has multiple purposes in protecting our borders and works together with the 24 Hour Rule to form an effective strategy. Its primary goal is to stop terrorist attacks from entering our borders, which is why officers are stationed at over 20 major international ports in the United States. Under the CSI, US Customs officers screen containers before they leave foreign ports, enabling improved screening of high-risk containers from non-CSI affiliated ports (Bonner, "FY 2004", 6-7).

One of the main duties of officers is to ensure the safety of our food supply and prevent any potential threats or tampering. This involves preventing the entry of FDA-unapproved meat or meat from other countries that are not allowed into the United States. The CSI agents, who are US Customs officers, are responsible for ensuring that nothing harmful, such as medical drugs, food, or pesticides, is being sent that could result in a widespread epidemic or cause harm to people (Cohen, 76). Additionally, the CSI employs a more secure tamper-proof container system. This involves US Customs officers inspecting the containers at foreign ports and securing them with a US Customs band to prevent any tampering during transit. If the seal is broken when the cargo arrives at the US port of entry, customs officials have to

re-examine it or even reject its entry (Bonner, "FY-2004" 7-8). Although the CSI may have various responsibilities, everyone at a CSI port must adhere to the regulations, and no one is exempt from these new laws. The US government is actively working towards having US Customs officers stationed at all ports worldwide.

The US government has the authority to enforce compulsory measures for ports included in CSI, while also actively working towards ensuring compliance for all ports involved. Compliance with CSI regulations is mandatory for listed ports and leaves no room for non-compliance. The implementation of these regulations has facilitated the identification of high-risk containers and flagged others considered to pose a high risk. It is crucial that containers being secured at a foreign port during transit are not unloaded from the vessel until they reach their final destination. If, for instance, a carrier needs to make a stop in another country before reaching the United States to unload other cargo, the sealed containers must not be removed under any circumstances. Failure to comply with this requirement will result in automatic rejection upon entry at the port.

(Cohen, 72) Both the CSI and the 24 Hour Rule have their advantages and disadvantages. The CSI is beneficial for border protection and for moving cargo across waters. It is advantageous for carriers as well, as it reduces the chances of getting fined by US Customs by inspecting cargo before it leaves the foreign port. This also reduces liability for the carriers and lowers the risk of terrorist attacks on the United States.

The CSI rule offers the advantage of quick entry if seals on containers are intact and paperwork is

correct. However, this does not exempt compliance with the 24 Hour Rule. The CSI initiative enables us to extend our borders to foreign ports, but it may not be sufficient in ensuring border security against terrorism. To address this concern, the government introduced the C-TPAT rule, which stands for Customs-Trade Partnership Against Terrorism. Under this program, both local and foreign companies can apply to join this US Customs security initiative. The implementation of C-TPAT occurred after the 9/11 attacks and is currently voluntary. Only large fortune 500 companies can afford and are willing to bear the expense, but eventually the C-TPAT rule will become mandatory.

Companies are implementing the C-TPAT rules at a high cost for the advantages of being C-TPAT approved. There are many beneficial grants available for implementing the rules in businesses. The rule consists of multiple steps and procedures that must be followed to enter the program. Once in the program, continuous security maintenance and upgrading is required, making it difficult and expensive to keep up with. Currently, there are over 200 companies in the C-TPAT program, with over 500 more applying.

In order to be part of the C-TPAT program, these companies need to go through an approval and inspection process by a special committee from US Customs. Homeland Security allows the companies two years to fully comply with the program's specifications and become C-TPAT approved (Hutchison, 4-5). C-TPAT was created by the US government for legitimate companies that are considered low-risk importers and comply with the program's requirements. To qualify for C-TPAT, an importer must have a good relationship with US Customs and a robust security system. This means that the applicant

must be self-policing and provide US Customs with an overview of all their available security measures and the entire importing process. The applicant must also submit a diagram of their facilities, transit routes, and conduct extensive background checks on all employees involved in the cargo and the company's office staff. This comprehensive information should cover all security stages from shipment to the final recipient, if not the company itself.

For example, you must provide information about the individual picking up the cargo, the type of security being used during transportation, the location where the cargo will be stored, and the security measures employed for storage. Additionally, details about the handling and access of documents are also necessary. These requirements are compulsory for approval and remain obligatory for C-TPAT members. Although qualifying for C-TPAT comes with expenses, there are numerous benefits to being a member (Hutchison, 4-6). C-TPAT approval offers several advantages to major importers and makes it worthwhile. Being approved under C-TPAT means that there are no more regular inspections, only random checks for approved applicants. For instance, if you import steel bars and are approved under C-TPAT, you may never experience inspection delays because your security measures are known. However, if you are not certified, your cargo could be subjected to prolonged inspections, resulting in higher docking rates for carriers.

C-TPAT provides companies with the advantage of being recognized for their contributions to counterterrorism and nation-building, transforming them from perceived threats to valuable assets to the USA. Furthermore, importers who participate in C-TPAT typically receive immediate clearance for all security programs implemented by Homeland Security (Hutchison 4-6). The implementation of the 24 Hour Rule, CSI rule,

and C-TPAT rule was prompted by the devastating events of 9/11 with the goal of preventing future attacks on America's borders. It is important to recognize that just as Americans value their way of life, other countries also hold their own values dear.

In order to avoid another tragedy, the United States has extended its borders and implemented new laws. These measures have resulted in a decrease in trust towards individuals and organizations, making our ports less susceptible to potential disasters. Although some may disagree with this strategy, we acknowledge the significance of prioritizing the safety of our country over neighboring nations, assuming they even exist.