Notice2022-03503
Customs-Trade Partnership Against Terrorism (CTPAT) Program and CTPAT Trade Compliance Program
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 18, 2022
Issuing agencies
Homeland Security DepartmentU.S. Customs and Border Protection
Abstract
The Department of Homeland Security, U.S. Customs and Border Protection will be submitting the following information collection request to the Office of Management and Budget (OMB) for review and approval in accordance with the Paperwork Reduction Act of 1995 (PRA). The information collection is published in the Federal Register to obtain comments from the public and affected agencies.
Full Text
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<title>Federal Register, Volume 87 Issue 34 (Friday, February 18, 2022)</title>
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[Federal Register Volume 87, Number 34 (Friday, February 18, 2022)]
[Notices]
[Pages 9371-9373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-03503]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
[1651-0077]
Customs-Trade Partnership Against Terrorism (CTPAT) Program and
CTPAT Trade Compliance Program
AGENCY: U.S. Customs and Border Protection (CBP), Department of
Homeland Security.
ACTION: 60-Day notice and request for comments; revision of an existing
collection of information.
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SUMMARY: The Department of Homeland Security, U.S. Customs and Border
Protection will be submitting the following information collection
request to the Office of Management and Budget (OMB) for review and
approval in accordance with the Paperwork Reduction Act of 1995 (PRA).
The information collection is published in the Federal Register to
obtain comments from the public and affected agencies.
DATES: Comments are encouraged and must be submitted (no later than
April 19, 2022 to be assured of consideration.
[[Page 9372]]
ADDRESSES: Written comments and/or suggestions regarding the item(s)
contained in this notice must include the OMB Control Number 1651-0077
in the subject line and the agency name. Please use the following
method to submit comments:
Email. Submit comments to: <a href="/cdn-cgi/l/email-protection#7a39382a252a283b3a19180a541e1209541d150c"><span class="__cf_email__" data-cfemail="5d1e1f0d020d0f1c1d3e3f2d7339352e733a322b">[email protected]</span></a>.
Due to COVID-19-related restrictions, CBP has temporarily suspended
its ability to receive public comments by mail.
FOR FURTHER INFORMATION CONTACT: Requests for additional PRA
information should be directed to Seth Renkema, Chief, Economic Impact
Analysis Branch, U.S. Customs and Border Protection, Office of Trade,
Regulations and Rulings, 90 K Street NE, 10th Floor, Washington, DC
20229-1177, Telephone number 202-325-0056 or via email
<a href="/cdn-cgi/l/email-protection#86c5c4d6d9d6d4c7c6e5e4f6a8e2eef5a8e1e9f0"><span class="__cf_email__" data-cfemail="a8ebeaf8f7f8fae9e8cbcad886ccc0db86cfc7de">[email protected]</span></a>. Please note that the contact information provided
here is solely for questions regarding this notice. Individuals seeking
information about other CBP programs should contact the CBP National
Customer Service Center at 877-227-5511, (TTY) 1-800-877-8339, or CBP
website at https://<a href="http://www.cbp.gov/">www.cbp.gov/</a>.
SUPPLEMENTARY INFORMATION: CBP invites the general public and other
Federal agencies to comment on the proposed and/or continuing
information collections pursuant to the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.). This process is conducted in accordance with
5 CFR 1320.8. Written comments and suggestions from the public and
affected agencies should address one or more of the following four
points: (1) Whether the proposed collection of information is necessary
for the proper performance of the functions of the agency, including
whether the information will have practical utility; (2) the accuracy
of the agency's estimate of the burden of the proposed collection of
information, including the validity of the methodology and assumptions
used; (3) suggestions to enhance the quality, utility, and clarity of
the information to be collected; and (4) suggestions to minimize the
burden of the collection of information on those who are to respond,
including through the use of appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology, e.g., permitting electronic submission of
responses. The comments that are submitted will be summarized and
included in the request for approval. All comments will become a matter
of public record.
Overview of This Information Collection
Title: Customs Trade Partnership against Terrorism (CTPAT) Program
and CTPAT Trade Compliance.
OMB Number: 1651-0077.
Current Actions: Revision.
Type of Review: Revision.
Affected Public: Businesses.
Abstract: The CTPAT Program compromises of two different program
divisions, CTPAT Security and CTPAT Trade Compliance. The CTPAT
Security program is designed to safeguard the world's trade industry
from terrorists and smugglers by prescreening its participants. The
CTPAT Program applies to United States and non-resident Canadian
importers, United States exporters, customs brokers, consolidators,
ports and terminal operators, carriers of cargo in air, sea and land,
and Canadian and Mexican manufacturers. The Trade Compliance division
is for importers only.
The CTPAT Program application requests an applicant's contact and
business information, including the number of company employees, the
number of years in business, and a list of company officers. This
collection of information is authorized by the SAFE Port Act (Pub. L.
109-347). Additional information is being collected based on CTPAT's
new vetting process as the prior vetting process was found to be
insufficient in being able to identify violators. Not collecting this
information would result in companies that are high risk for committing
illegal activity to be allowed into, and continue to be part of, the
CTPAT program. When the previous vetting process was reviewed by CBP's
National Targeting Center, they found the vetting process to be
ineffective in capturing high risk companies. This means companies that
are high risk were allowed to be CTPAT members and enjoy the many trade
facilitation benefits of membership, such as having their cargo
facilitated through CBP ports of entry via FAST lanes and front of the
line treatment, fewer inspections by CBP, and various other benefits.
Those companies vetted under the CTPAT program's current ``standard''
vetting process have/had to provide only the company points of contact
(POC), telephone number and name. As the required information is not
sufficient to gather specific data on a specific person to get an exact
match, CBP is adding the following data elements to assist with vetting
CTPAT members:
[ssquf] Date of Birth (DOB)
[ssquf] Country of Birth
[ssquf] Country of Citizenship
[ssquf] Travel Document number (e.g., visa or passport number)
[ssquf] Immigration status information (e.g., Alien Registration
Number, Naturalization number)
[ssquf] Driver's license information (e.g., state and country of
issuance, number, date of issuance/expiration)
[ssquf] Social Security Number (The Social Security Number is a means
to verify the identity of an owner/upper manager within the company.
This is particularly helpful with common names or the Spanish names
where individuals may have multiple last names that may or may not be
used in records. In these instances, we may need to go beyond the name
and DOB to ensure we are looking at the right individual and making the
correct vetting decision for the company.
[ssquf] Trusted Traveler membership type and number (e.g., FAST/NEXUS/
SENTRI/Global Entry ID); and
[ssquf] Registro Federal de Contribuventes (RFC) Persona Fisica (needed
for Mexican Foreign Manufacturers, Highway Carriers, and Long-Haul
Carriers Only).
[ssquf] internet Protocol (IP) Address
[ssquf] An IP address serves two main functions: Host or network
interface identification and location addressing. Usually, the IP
address is enough to trace the connection back to the ISP (internet
Service Provider). In some instances of Post Incident Analysis,
conducted after a company in the program has been involved in an
incident, HSI has asked CTPAT if we have IP addresses for users in our
system, but we have been unable to provide them. Having the IP address
captured could help to assist CBP/HSI in identifying users/locations,
as needed, for law enforcement purposes. There are also instances where
users (often consultants) will try to sign the CTPAT user agreement or
submit security profiles on behalf of companies, which they are not
allowed to do. This leaves the company liable to the actions taken by
someone not authorized to take those actions. If we are able to capture
the IP address, CTPAT might be able to identify cases where consultants
are using unauthorized logins or logging in using Company Officer
accounts in order to make it appear that submissions are coming from a
Company Officer.
The CTPAT Trade Compliance program is an optional component of the
CTPAT program and adds trade compliance aspects to the supply chain
security aspects of the CTPAT program. The CTPAT security program is a
[[Page 9373]]
prerequisite to applying to the CTPAT Trade Compliance program. CTPAT
members are given the opportunity to receive additional benefits in
exchange for a commitment to assume responsibility for monitoring their
own compliance by applying to the CTPAT Trade Compliance program. After
a company has completed the security aspects of the CTPAT program and
is in good standing, it may opt to apply to the CTPAT Trade Compliance
component. The CTPAT Trade Compliance program strengthens security by
leveraging the CTPAT supply chain requirements, identifying low-risk
trade entities for supply chain security, and increasing the overall
efficiency of trade by segmenting risk and processing by account.
The CTPAT Trade Compliance program is open to U.S. and non-resident
Canadian importers that have satisfied both the CTPAT supply chain
security and trade compliance requirements.
The CTPAT Trade Compliance program application includes questions
about the following:
<bullet> Primary Point of Contact including name, title, email address,
and phone number
<bullet> Business information including Company Name, Company Address,
Company phone number, Company website, Company type (private or
public), CBP Bond information, Importer of Record Number, and number of
employees
<bullet> Information about the applicant's Supply Chain Security
Profile
<bullet> Trade Compliance Profile and Internal Control Operating
Procedures of the applicant
<bullet> Company Broker information
<bullet> Training material for Supply Chain Security and Trade
Compliance
<bullet> Risk Assessment documentation and results
<bullet> Period testing documentation and results
<bullet> Prior disclosure history
<bullet> Partner Government Agency affiliation information
After an importer obtains CTPAT Trade Compliance membership, the
importer will be required to submit an Annual Notification Letter to
CBP confirming that they are continuing to meet the requirements of the
program. This letter should include: Personnel changes that impact the
CTPAT Trade Compliance Program; organizational and procedural changes;
a summary of risk assessment and self-testing results; a summary of
post-entry amendments and/or disclosures made to CBP; and any importer
activity changes within the last 12-month period.
Type of Information Collection: CTPAT Application.
Estimated Number of Respondents: 750.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 750.
Estimated Time per Response: 20 hours.
Estimated Total Annual Burden Hours: 15,000.
Type of Information Collection: CTPAT Trade Compliance Application.
Estimated Number of Respondents: 50.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 50.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 100.
Type of Information Collection: CTPAT Trade Compliance Program's
Annual Notification Letter.
Estimated Number of Respondents: 50.
Estimated Number of Annual Responses per Respondent: 1.
Estimated Number of Total Annual Responses: 50.
Estimated Time per Response: 2 hours.
Estimated Total Annual Burden Hours: 100.
Dated: February 14, 2022.
Seth D. Renkema,
Branch Chief, Economic Impact Analysis Branch, U.S. Customs and Border
Protection.
[FR Doc. 2022-03503 Filed 2-17-22; 8:45 am]
BILLING CODE P
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