TSA in the USA:Cargo Screening Regulations

in the US

Scott PfeiferMasterpiece International Ltd.

November 8, 2010

The Implementation Recommendations of the 9/11 Commission Act of 2007 were signed into law on August 3, 2007

The law requires 100% of all cargo on passenger aircraft be screened by August, 2010 and requires the Transportation and Security Administration (TSA) to:

• Establish a system to screen 100% of cargo transported on passenger aircraft

• Provide a level of security commensurate with that of passenger baggage

Ultimate responsibility for inspecting cargo falls on the airlines, who do not have the capacity to screen all freight that is tendered

Certified Cargo Screening Program Overview

TSA developed CCSP by working with U.S. and international agencies to incorporate aspects of commensurate security programs

- Customs-Trade Partnership Against Terrorism (C-TPAT)

- UK’s Known Consignor Program

Participation in CCSP is voluntary, but once in, CCSF’s must: - Adhere to increased TSA-directed security standards - Employ chain of custody - Be subject to TSA inspections

TSA creates Certified Cargo Screening Program (CCSP) to: - Allow screening of cargo early in the air cargo supply chain by a trusted, vetted and audited facility - Establish integrity of shipment through enhanced physical and personnel security standards at Certified Screening Facilities (CCSF’s) - Maintain integrity of shipment through supply chain by utilizing stringent chain of custody methods

Who can become a Certified Screening Facility?• The CCSP is a facility based program; off-site screening is not allowed

• Facilities currently applying to become CCSFs:

• Any entity with the desire to screen cargo must have a facility that can become secured. Not an issue with U.S. museums.

• About 60 U.S. Museums already CCSF’s, as are many fine art warehouses, and more applications are in the pipeline

Chain of CustodyTSA Approved Screening Methods

Primary Screening

Technology Physical - AT X-RAY - Physical Search- Explosives Trace Detection (ETD) - Other TSA Approved- Explosives Detection System (EDS) methods- Other detection equipment approved by TSA in the future

Secondary Screening- TSA Approved Canines

Physical Inspection for Screening• Physical screening no different than

packing a crate• Lenders to US museums will see no

difference in de-installation, packing or shipping process other than signage, TET and additional paperwork

• Non-US Citizens can be involved in packing procedures but must supervised by a qualified screener

• Portable screening not allowed! Cannot screen off site and leave or return to another CCSF

• Chain of custody must then be kept intact from time of screening to airport delivery

Options

Why would a U.S. Museum not become a CCSF?• Low volume of airport export cargo for passenger aircraft• Other options for screening nearby that museum is comfortable with:

– Fine art Warehouse– Another local museum– Independent CCSF

• Government regulation• Recurrent training, background checks and paperwork onerous• Staffing concerns (i.e. subcontracted security guards, downsizing)

. Screening at cargo is innocuous

Options for shipping unscreened freight:• Deliver crates to local fine art warehouse that is a CCSF• Use freighter/all cargo aircraft; currently no screening regulation• Deliver freight unscreened to airlines

Potential Issues with tendering unscreened freight

US Government Indemnity and CCSP

• Great if applicant is already a CCSF, since USGI is most interested in risk management, but not required at this point

• Decision must be made individually by each institution• Can check guidelines at:

http://www.nea.gov/grants/apply/Indemnity/indemnityInternational.html

• If USGI applicant is not a CCSF, any options for pre-screening facilities must have the same climate control/security conditions that USGI requires, i.e. 24-hour guards.

• If not a CCSF and submitting an application, be sensible and check all possible alternatives for pre-screening freight, i.e. local warehouses, museums

• Make sure options are approved by USGI

USGI does not require that applicants be CCSFs

Current Status at U.S. Airports

• Airlines are screening at 100% and no major issues to speak of

• Airlines accepting only pre-screened freight from CCSF’s with proper documentation and chain of custody proof intact

• Airlines beginning to charge for fees for screening non pre-screened cargo; normally $0.05 - $0.10/kg

• Potential for backlogs at airlines for un- screened freight have not materialized as many had predicted. Total volume of freight is down from several years ago, but volumensre are once again are

once again is rising.