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Published in: Journal of Transportation Security 4/2009

01-12-2009

C-TPAT: major challenges

Author: John J. O’Connell

Published in: Journal of Transportation Security | Issue 4/2009

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Abstract

Since its implementation after the 9/11 attack on the World Trade Center, the Customs Trade Partnership Against Terrorism (C-TPAT) has grown to be one of the largest public/private partnerships in the world. The focus of C-TPAT is on the United States’ vulnerability to the smuggling of weapons of mass destruction (WMD) across its borders. As a system, C-TPAT has achieved great success; however, there remain a number of serious deficiencies that C-TPAT, by itself, cannot overcome. Very few cargo containers are currently being inspected by Customs and Border Protection (CBP). This is due to lack of funding and manpower deficiencies as well as the practical need to allow the flow of trade to continue as swiftly as possible. Instead of mass inspection of containers, CBP relies on its ability to identify and further question or inspect “high risk” containers before they are shipped or prior to their entry to the United States. Identifying “high risk” containers results in a far lower number of CBP inspections, thereby offering less interference with the trade process. It is well known amongst shipping experts that the contents of many containers are mislabeled or misdeclared. Combine the fact that many cargo containers contain misdeclared contents with the current model of inspecting very few containers and one can conclude that the potential for problems is enormous. Furthermore, concerns over specificity of standards related to C-TPAT security requirements and the likelihood that membership in C-TPAT increases an organization’s potential for attack and the situation continues to deteriorate. C-TPAT began as and remains an initiative with honorable goals; however, we cannot rely upon increasing numbers of C-TPAT members as a measure of its effectiveness.

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Footnotes
1
Joint publication 1-02, Department of Defense Dictionary of Military and Associated Terms; 12 April 2001 (as amended through 17 March 2009).
 
2
For further information on the details of C-TPAT and other initiatives see: CBP.gov.
 
3
Burnett, Bob; “A Partnership That Works—Boeing Works to Secure Supply Chain. Keep Expedited Import Flow”, http://​www.​boeing.​com/​news/​frontiers/​archive/​2005/​November/​i_​ssg.​html.
 
4
For example, see the websites of 3M and DB Schenker for their C-TPAT requirements for supply chain partners: DB Schenker—www.​dbschenkerusa.​com; 3M: Partners and Suppliers—C-TPAT Requirements—http://​solutions.​3m.​com.
 
5
Figures taken from the minutes of a Meeting of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions; Nov. 20, 2008, Washington D.C.
 
6
It must be noted that this paper is not meant to be criticism of the entire C_TPAT program, the CBP or other agencies; or those who hold membership in the program. The goal is to spread awareness of potential problems so solutions may be sought. Much work is now being accomplished to meet potential threats and C-TPAT has contributed greatly to supply chain security. More must be done by all involved.
 
7
“Homeland Security: Key Cargo Security Can Be Improved” Testimony Before the Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs. United States Senate; Statement of Stana 2005. And “Supply Chain Security: U.S. Customs and Border Protection Has Enhanced it Partnership with Import Trade Sectors. But Challenges Remain in Verifying Security Practices; GOA-08-240; April 2008.
 
8
Samuel Shapiro and Company summary of C-TPAT tiers—http://​www.​shapiro.​com/​html/​ctpat.​html; see also Brandman 2005.
 
9
Op cit, Brandman.
 
10
C-TPAT Importer Security Criteria; 3/25/05; CBP.gov.
 
11
Op cit, Brandman.
 
12
“Evaluating the Viability of 100 Per Cent Container Inspection at America’s Ports”; By: Martonosi et al. 2005.
 
13
“Fact Sheet—Container Security Initiative”, U.S. Customs and Border Protection; CBP.gov.
 
14
Ibid, page 1.
 
15
For a brief introduction to several studies carried out by both U.S. based and foreign organization see Anthony Kimery’s article “Dangerous Cargo”, pages 2 and 3.
 
16
Op cit Stephen Flynn.
 
Literature
go back to reference Department of Defense (2001) Joint publication 1-02, Department of Defense Dictionary of Military and Associated Terms; 12 April (as amended through 17 March 2009) Department of Defense (2001) Joint publication 1-02, Department of Defense Dictionary of Military and Associated Terms; 12 April (as amended through 17 March 2009)
go back to reference Flynn SE (2005) “Addressing the shortcomings of the customs-trade partnership against terrorism (C-TPAT) and the container security initiative”; Council on Foreign Relations; testimony before the Permanent Sub-Committee on Investigations, Committee on Homeland Security and Governmental Affairs, United senate; May 26 Flynn SE (2005) “Addressing the shortcomings of the customs-trade partnership against terrorism (C-TPAT) and the container security initiative”; Council on Foreign Relations; testimony before the Permanent Sub-Committee on Investigations, Committee on Homeland Security and Governmental Affairs, United senate; May 26
go back to reference Gallagher TL (2009) Retail container traffic sinks. The Journal of Commerce Online—News Story| Mar 6, 3:49 PM GMT Gallagher TL (2009) Retail container traffic sinks. The Journal of Commerce Online—News Story| Mar 6, 3:49 PM GMT
go back to reference Koch C (2005) President of the world Shipping Council; testimony regarding Maritime Transportation Security Act Oversight before the Senate Committee on Commerce, Science and Transportation; May 17 Koch C (2005) President of the world Shipping Council; testimony regarding Maritime Transportation Security Act Oversight before the Senate Committee on Commerce, Science and Transportation; May 17
go back to reference Martonosi SE, Ortiz DS, Willis HH (2005) Evaluating the viability of 100 per cent container inspection at America’s ports. In Richardson HW, Gordon P, Moore II, JE (eds) The economic impacts of terrorist attacks, Copyright © Edward Elgar, pp 218–241 Martonosi SE, Ortiz DS, Willis HH (2005) Evaluating the viability of 100 per cent container inspection at America’s ports. In Richardson HW, Gordon P, Moore II, JE (eds) The economic impacts of terrorist attacks, Copyright © Edward Elgar, pp 218–241
go back to reference Stana RM (2005) Director, homeland security and justice issues; “Homeland security: Key cargo security can be improved” Testimony Before the Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs. United States Senate; GOA-04-466 T, May 26 Stana RM (2005) Director, homeland security and justice issues; “Homeland security: Key cargo security can be improved” Testimony Before the Permanent Subcommittee on Investigations, Committee on Homeland Security and Governmental Affairs. United States Senate; GOA-04-466 T, May 26
go back to reference CBP “Fact sheet—container security initiative, U.S. Customs and Border Protection; CBP.gov CBP “Fact sheet—container security initiative, U.S. Customs and Border Protection; CBP.gov
go back to reference CBP “Frequently asked questions regarding minimum security criteria for importers”; (03/25/2005); Customs Border Protection of the U.S. Department of Homeland Security, cbp.gov CBP “Frequently asked questions regarding minimum security criteria for importers”; (03/25/2005); Customs Border Protection of the U.S. Department of Homeland Security, cbp.gov
go back to reference CBP C-TPAT Importer Security Criteria; 3/25/05; CBP.gov CBP C-TPAT Importer Security Criteria; 3/25/05; CBP.gov
go back to reference CBP Customs and Border Protection website; cbp.gov CBP Customs and Border Protection website; cbp.gov
go back to reference GOA (2008) “Supply chain security: U.S. customs and border protection has enhanced it partnership with import trade sectors. But challenges remain in verifying security practices; GOA-08-240; April GOA (2008) “Supply chain security: U.S. customs and border protection has enhanced it partnership with import trade sectors. But challenges remain in verifying security practices; GOA-08-240; April
go back to reference International Chamber of Commerce (2009) Discussion Paper “ICC Recommendations on Mutual Recognition of US-EU Trade Partner Programs for Border Security”, Document 104-54, Fourth Revision, January 23 International Chamber of Commerce (2009) Discussion Paper “ICC Recommendations on Mutual Recognition of US-EU Trade Partner Programs for Border Security”, Document 104-54, Fourth Revision, January 23
go back to reference McNamara JJ (2006) Presentation on “risks of misdeclared cargoes”, International Union of Marine Insurance (IUMI) Conference, Tokyo, Japan, September McNamara JJ (2006) Presentation on “risks of misdeclared cargoes”, International Union of Marine Insurance (IUMI) Conference, Tokyo, Japan, September
go back to reference Meeting of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions (2008) Nov. 20, Washington D.C Meeting of the Departmental Advisory Committee on Commercial Operations of Customs and Border Protection and Related Homeland Security Functions (2008) Nov. 20, Washington D.C
go back to reference Sullivan H (2008) CBP Plans C-TPAT changes in response to GAO critique. Barnes Richardson and Colburn, barnesrichardson.com; June 2 Sullivan H (2008) CBP Plans C-TPAT changes in response to GAO critique. Barnes Richardson and Colburn, barnesrichardson.com; June 2
go back to reference Weldon Cooper Center for Public Service (2007) Customs trade partnership against terrorism: cost benefit survey; Report prepared for the U.S. Customs and Border protection; University of Virginia; August Weldon Cooper Center for Public Service (2007) Customs trade partnership against terrorism: cost benefit survey; Report prepared for the U.S. Customs and Border protection; University of Virginia; August
Metadata
Title
C-TPAT: major challenges
Author
John J. O’Connell
Publication date
01-12-2009
Publisher
Springer US
Published in
Journal of Transportation Security / Issue 4/2009
Print ISSN: 1938-7741
Electronic ISSN: 1938-775X
DOI
https://doi.org/10.1007/s12198-009-0032-5