The shipping of containers into the United States is about to move to the next level of security with US Customs and Border Protection (CPB) implementing the next phase of their Import Security Filing (ISF) protocol, commonly known as 10+2. This requires importers as well as carriers to file additional data on their cargo 24 hours before loading it onto a vessel that is bound for the United States. This is a significant part of the CPB’s enforcement strategy that is aimed at reducing the threat of terrorism while simultaneously encouraging legitimate trade.

Non-compliance or misfiled information will begin to attract a hefty fine during July 2013. This can be as much as $5,000 per violation but may also cause the CPB to withhold the release of the goods from customs or even stop them from being unloaded at US port facilities. It has been widely noted that some shippers have become lax about their security commitments for goods that are being shipped to the US and these moves may prove to be a rude awakening for some in the industry. At the same time it is pointed out that these measures are finally rewarding those shippers that have spent the time and resources to implement solid, compliant security systems and who have, until now, been disadvantaged for their efforts.

At the moment the system is still in a honeymoon phase and it isn’t expected that there will be a sudden spike in the number of infringements issued. The CPB have announced that they will be taking a carefully measured approach to the full implementation of these protocols and the first violations are expected to be charged to those few importers and shippers that are simply not willing to play by the new rules. At the same time the CPB hasn’t required full compliance and the implementation looks as if it is meant to reinforce their intention to be stricter about enforcing the new import regulations after it has had time to become better established.

ISF is still relatively new and after it was initially launched in 2009 it set enforcement dates for January 2010. During that period CPB was restrained in enforcing the rule in order to give shippers and importers a chance to align themselves with the new requirements. In the interim they have continued to be lenient in cases where the parties concerned have shown that they are making an effort to become more compliant. The latest implementation indicates that their patience may be running out.