TIACA POSITION - SCREENING OF FOREIGN INBOUND AIR CARGO DESTINED FOR THE U.S. 

Under the Implementing the Recommendations of the 9/11Commission Act of 2007, all cargo shipped on passenger airplanes must be screened as of August 2010. While there was initially some confusion as to whether this requirement applied to flights originating from foreign airports and destined for the United States, the U.S. Transportation Security Administration (TSA) clarified in the Fall of 2008 that the 9/11 Act’s mandate applies to these flights.  

However, in March 2009 testimony before the House Homeland Security’s Subcommittee on Transportation Security and Infrastructure Protection,  Ed Kelly, TSA’s General Manager, Air Cargo Transportation Sector Network Management reported that “TSA does not expect that 100 percent screening will be attainable for inbound cargo on passenger aircraft by August 2010.” Instead, TSA would develop alternative approaches to foreign inbound cargo. This was further underscored by the interim final rule published by TSA in the Federal Register of September 16, 2009, which said TSA would focus on “harmonization efforts including bi-lateral and multilateral agreements, working on updating International Civil Aviation Organization (ICAO) standards, and applying risk assessment for inbound cargo.” 

TIACA believes that air cargo security policies must be threat-based, risk-managed, multilayered, and operationally consistent in order to be effective. We believe such security regimes are preferable to those requiring comprehensive screening. However, TIACA also appreciates that the 9/11 Act is law in the United States and that it therefore must be complied with.  

TIACA’s members are committed to ensuring the safety and security of air cargo while maintaining the viability of the air cargo supply chain. We intend to work with TSA as it develops its approach to foreign inbound cargo. We commend TSA for its outreach to foreign governments, ICAO and private stakeholders in this process. TIACA believes that TSA’s efforts to develop an ICAO-agreed strategy on supply chain security is a sound approach. TIACA also believes that TSA should leverage other U.S. government resources and programs, such as those of U.S. Customs and Border Protection. In addition, we urge the U.S. government to recognize and, to the extent possible, adopt best security practices currently in use in other countries.