New CBP vessel rule targets high-risk exports

WASHINGTON — A decades-old reliance on paper-based export documentation is set to end for container vessel operators and exporters under a new proposed rulemaking from U.S. Customs and Border Protection.

The 180-page proposed rule, set to officially publish on Tuesday, will require the advance electronic submission of Electronic Export Manifest data for all vessel cargo departing the United States.

“The requirement to submit manifest data electronically under specific time frames will facilitate a more efficient trade process for all parties involved,” CBP stated in the rule’s preamble.

“The submission of electronic manifest data will significantly increase CBP’s ability to identify high-risk cargo, to ensure cargo security, and to prevent smuggling, as the earlier electronic submission allows CBP to use its Automated Targeting System (ATS) to assess all export manifest data transmitted.

“Trade members would also experience efficiencies with quicker CBP examination decisions, ability to resolve CBP requests, earlier mitigation of enforcement actions, and improved communication between CBP and trade members.”

Historically, vessel export manifests could be filed up to four days after a ship had already cleared the port – but this created critical security gaps that left CBP unable to effectively vet cargo until it was already mid-ocean.

By requiring data through the Automated Commercial Environment (ACE) before loading, CBP aims to identify high-risk shipments upstream, using ATS to scan for threats before they’re loaded on the vessel.

In addition, identifying a high-risk container post-departure under the old system could often result in a carrier having to return the cargo from a foreign port, an expensive logistical cost.

Under the new system, by resolving documentation or enforcement “holds” before loading that CBP may issue after a risk assessment of outbound export manifest data, carriers can avoid these costly mid-voyage disruptions.

While the shift from paper to electronic requires initial IT investment, CBP estimates total cost savings to the trade community during the regulatory period (2026–2030) would be approximately $285 million, or on average $57 million annually.

For vessel operators and exporters, the most vital change is the new “24-and-2” filing schedule:

24-hour initial filing: At least 24 hours prior to loading, filers must submit eight mandatory data elements, including precise cargo descriptions, bill of Lading numbers, and AES Internal Transaction Numbers.

2-hour final transmission: At least two hours prior to loading, all remaining transportation and cargo data must be finalized.

The vessel carrier must also present its official clearance statement – either electronically or via the updated CBP Form 1300 – at least two hours before departure.

To ensure compliance, CBP has set liquidated damages (essentially a pre-agreed, fixed fee) of $5,000 per violation, with a maximum cap of $100,000 per departure.

CBP noted, however, that “although there is the possibility for enforcement action, compliance is CBP’s goal and CBP aspires to work alongside outbound vessel carriers and other trade members to ensure that trade members provide the proper data in a timely manner, so that CBP can properly review the data, conduct risk assessment to identify high-risk shipments and enforce U.S. export laws and regulations as to U.S. exports in the sea environment.”

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