USA Alert: Latest Air Cargo Advance Screening Requirements and Guidance

FIATA would like to inform its Members regarding the recent developments regarding the US Transportation Security Administration's (TSA) Emergency Amendments (EAs), including new information requirements under the Air Cargo Advance Screening (ACAS) programme.

The new TSA emergency air cargo security measures and updates to the ACAS programme are aimed at strengthening the security of cargo entering or transiting through the United States. Supply chain players, including freight forwarders, must comply with these more stringent pre-loading advance cargo information (PLACI) requirements. Please find key updates and guidance below:

1. Data Elements:
   New data elements have been added to the ACAS requirements, with freight forwarders needing to provide more detailed information on the shipper and consignee. This includes elements such as shipper/consignee contact details, which must now be submitted electronically to U.S. Customs and Border Protection (CBP) before cargo is loaded onto US-bound aircraft. This update is reflected in the latest version of the ACAS Implementation Guide (v2.3.3, 15 October 2024) and the Enhanced Air Cargo Advance Screening FAQs published here.
2. “Established Business Relationship” or Known Consignor Requirement:
   Previously, when tendering cargo to air carriers, freight forwarders had to draft a statement to air carriers confirming that an established business relationship exists between themselves and the shippers (unless the shipper is a Known Consignor (KC). Until now, if shippers become customers after September 2, 2024, freight forwarders had to maintain records of, amongst others, “a signed contract between the shipper and the forwarder.”. Now, TSA revised this requirement, replacing the "signed contract" with the term "Contractual Arrangement," allowing for electronic agreements to streamline compliance without needing physical signatures​.
   
   The latest definition of the “Established business relationship” according to the TSA Emergency Amendment is as follows: “ A business relationship is an association between persons, including individuals and entities that it includes the establishment of an account with a physical billing address and payment, or credit history documented through invoice or billing records or documents history of sales that include any contract of activities or other document that correspond to business records” 
3. IATA Messaging Guidelines:
   IATA has shared the newly developed "Guidelines on how to provide US ACAS additional data requirements with messaging standards" to ensure compliance with the additional USA ACAS data requirements. The new data elements have been added to the ACAS Implementation Guide, and new codes need to be introduced in the current IATA messaging standards to accommodate these changes.
4. Unacceptable vs Acceptable Cargo Descriptions:
   Additionally, a list of examples of Unacceptable vs Acceptable Cargo Descriptions has been issued by US Customs and Border Protection (CBP) and is available here. The enforcement period for inappropriate cargo descriptions took effect on November 12th 2024 at 12 p.m. EST, meaning any filing with inappropriate cargo descriptions will be rejected by US CBP, preventing the cargo from being loaded onto the aircraft.
5. EXW Shipments
   Under Ex Works (EXW) shipments from Europe to the USA, where all transport charges are billed to the agent in the USA and there is no payment or credit history with the shipper, the TSA has clarified that the term "shipper" may vary according to CBP definitions. Specifically, for EXW shipments, the manufacturer and the shipper shall be different from each other entities. Under EBR rules, the responsibility falls on the consignee (who acts as the shipper in EXW terms) and the freight forwarder that pays the transport charges.
   
   Despite this, the EXW shipper must still establish an account with the freight forwarder, who will issue and process the Air Waybill (AWB) with the airlines to ensure proper handling and compliance.

These recent ACAS developments come as part of broader global measures to prevent potential threats by improving the identification of suspicious cargo earlier in the supply chain. Freight forwarders should stay updated and consult the latest guidelines to ensure uniformity and consistency to comply with ACAS filing requirements.

FIATA continues to call on governments worldwide for greater harmonisation in data requirements in pre-loading advance cargo information programmes to facilitate effective and efficient industry compliance, whilst meeting the safety and security objectives of such programmes. In addition, the industry associations highlight the importance of consistent engagement and communication between governmental authorities and affected stakeholders, such as freight forwarders, to ensure effective and pragmatic industry consultation and its effective implementation.

Please find the previous FIATA communications on ACAS requirements here.

Stay tuned on FIATA's communication channels to keep up-to-date with regulatory changes and ensure your operations are compliant and efficient!