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e-NOA/D. June 2005. Peter Pallas Tel: 206-521-8030 Cell: 206-4274923 Fax: 206-299-9108 E-Mail: [email protected] Immigration Rule Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSA) Signed into Law May 14, 2002

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e-NOA/D

June 2005

Peter Pallas

Tel: 206-521-8030

Cell: 206-4274923

Fax: 206-299-9108

E-Mail: [email protected]


Immigration Rule

Enhanced Border Security and Visa Entry Reform Act of 2002 (EBSA) Signed into Law May 14, 2002

Required Electronic Transmission of Passenger and Crew Data by January 1st 2003 under Immigration and Naturalization Service (INS)

January 3, 2003, published rule defining the requirements and the timing.

March 3rd 2003 US Customs & Border Protection (USCBP) formed and assumed responsibility

Industry appealed for INS/CBP to pursue a single window for information with US Coast Guard (USCG)

EBSA


33 CFR Part 160

  • USCG Rule

  • Notification of Arrival in U.S. Ports

  • Published February 28, 2003

  • Replaced the temporary rule issued in response to the attacks on September 11, 200.

  • Centralized submissions

  • Established time lines

  • Defined information required.

  • Did not require electronic submission, but began to explore the concept

  • Requirement for Electronic Transmission of USCG NOA Data Not Yet Established.


8 CFR Parts 217, 231 and 251

19 CFR Parts 4, 122 and 178

USCBP Rule

Published April 7, 2005

Electronic Transmission of Passenger and Crew Manifests for Vessels and Aircraft;

Adopted USCG e-NOA/D

Implementation in 60 days for Cargo ships

Implementation in 180 days for Passenger Ships

USCBP APIS Final Rules


Arrival Manifest

In the case of a voyage of 96 hours or more, at least 96 hours before entering the first United States port.

In the case of a voyage of less than 96 hours but at least 24 hours, prior to departure of the vessel.

In the case of a voyage of less than 24 hours, at least 24 hours before entering the first U.S. port or place of Destination.

In the case of a vessel that was diverted to a U.S. port due to an emergency. CBP will take into consideration the circumstances of the emergency situation.

Timelines


Amendments

In any instance where a crew member boards the vessel after initial submission of the manifest

If the remaining voyage time after initial submission of the manifest is 24 hours or more, at least 24 hours before entering the first U.S. port.

In any other case, at least 12 hours before the vessel enters the first U.S. port or place of destination.

Timelines


Departure Manifest

No later than 15 minutes before the vessel departs from the United States.

Amended Departure manifests

If a crew member boards the vessel after submission of the manifest

No later than 12 hours after the vessel has departed from the United States.

Timelines


The Carrier is Responsible for Data Integrity.

The carrier collecting the information is responsible for comparing the travel document presented by the passenger or crew member with the travel document information it is transmitting to CBP in accordance with this section in order to ensure that the information is correct, the document appears to be valid for travel purposes, and the passenger or crew member is the person to whom the travel document was issued.

Penalty for failure to comply $1000 per person

Knowingly providing incorrect information = Jail!

Data Integrity


February 2nd, 2005

US Department of Homeland Security issues a press release describing the newly released option to file 96 Hour Notice of Arrival and Departure via electronic means.

Effectively, three electronic options are provided:

On Line, via the USCG NVMC web site

Off Line, using the new “Infopath” template

Off Line, using the new “XML Schema”

The Rule belongs to USCBP, the system belongs to USCG

Paper I-418 Still Required on Arrival

Approved Transmission Methods


Most ships do not have internet access

Requires 1.5 to 2 hours to enter data for one port call.

Does not support multiple port calls or multiple berths.

Each crew entry requires fourteen data elements, but only three or four print for verification.

Does not support use of same data by multiple entities

Lacking security

On LineNVMC web site


Works “Off Line”

Requires up to date PC and Operating System

Incompatibility with systems advertised as OK

Downloadable template from USCG

Does not support multiple port calls or multiple berths.

Problem fields and errors

Port of Debarkation

Charterer

Date Format

USCG suggested workarounds

Lacking Security

InfoPath


Best option?

Works “Off Line”

Developers can design user friendly tools

May support multiple ports with appropriate programming

USCG published final specs. June 2nd.

EDI link still not operational

XML Schema


XML Schema

Excel front end

Familiar Tool for Ships Staff

Self Extracting File

Backwards compatible to “97”

Drop Down Menu’s reduce operator error

Small file size

Automated Handling

High Degree of Data Validation

Service Center with skilled operators to intervene and problem solve

ISS Option



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