Mutual Recognition |
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Mutual
Recognition (MR) refers to those activities associated with the signing of a
document between U.S. Customs and Border Protection (CBP) and a foreign
Customs Administration that provides for the exchange of information. The
document, referred to as an “arrangement”, indicates that the security
requirements or standards of the foreign industry partnership program, as
well as its validation or audit procedures, are the same or similar with
those of the C-TPAT program. |
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The
essential concept of MR is that C-TPAT and the foreign program are compatible
in both theory and practice so that one program may recognize the validation
findings of the other program. Mutual Recognition as a concept is reflected
in the World Customs Organization’s Framework of Standards to Secure and
Facilitate Global Trade, a strategy designed with the support of the
United States so that Customs administrations work together to improve their
capability to detect high-risk consignments and expedite the movement of
legitimate cargo. Through MR, international industry partnership programs are
linked so that together they create a unified and sustainable security
posture that can assist in securing and facilitating global cargo trade. It
means end to end supply chain security based on program membership. |
The
C-TPAT mutual recognition process involves four (4) phases: |
1. A side-by-side comparison of the program
requirements. This is designed to determine if the programs align on basic
principles. |
2. A pilot program of joint validation visits.
This is designed to determine if the programs align in basic practice. |
3. The signing of a mutual recognition
arrangement. All four MR Arrangements signed by CBP have been signed at the
World Customs Organization’s Headquarters in Brussels. |
4. The development of mutual recognition
operational procedures, primarily those associated with information sharing. |
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Key Facts About Mutual Recognition.... |
1. Mutual Recognition Arrangements are only
based on security. Arrangements do not address Customs compliance issues. |
2. Mutual recognition can only occur to the
extent permitted by law, regulations, and is subject to national security
considerations. |
3. Mutual Recognition does not exempt any
partner, whether domestic or foreign, from complying with other CBP mandated requirements.
By the same token, mutual recognition does not replace any of CBP’s cargo
enforcement strategies. Importers, for instance, still need to comply with
the importer security filing requirements; they are still required to submit
to CBP electronically and 24 hours prior to lading the 10 trade data elements
required under this mandate. |
4. Finally, CBP has developed guidance for
maintaining the continuity and/or restoring the flow of trade across the
Nation’s borders during and after an incident that disrupts the flow of trade
at the border ports of entry. Business resumption privileges consideration,
however, while envisioned for C-TPAT members, is not a factor that is
included in any mutual recognition arrangement. |
Current Status |
Mutual
Recognition Arrangements have been signed by CBP: |
1. New Zealand Customs Service’s Secure
Export Scheme Program. |
2. Canada Border Services Agency’s Partners
in Protection Program. |
3. Jordan Customs Department’s Golden
List Program. |
4. Japan Customs and Tariff Bureau’s Authorized
Economic Operator Program. |
5. Korean Customs – Authorized Economic
Operator Program |
6. Singapore Customs - Secure Trade
Partnership Plus Program |
7. European Union – Authorized Economic Operator Program |
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Before
CBP engages a foreign Customs Administrations towards mutual recognition,
three pre-requisites must be met: |
1. The foreign Customs Administration must
have a full fledged operational program in place –i.e. not a program in
development or a pilot program. |
2. The foreign partnership program must have a
strong validation process built into its program. |
3. The foreign partnership program must have a
strong security component built into its program. |
Benefits |
Some
of the benefits envisioned by an MRA include: |
1. Efficiency: C-TPAT does not have to
expend limited resources to send its staff overseas to validate a facility
that has been certified by a foreign partnership program. |
2. Risk Assessment Tool: The status of the foreign
partnership program participant is recognized by C- TPAT and it is used as a
risk-assessment factor. A C-TPAT validation visit will be conducted on a
different segment of the C-TPAT importer’s supply chain. |
3. Less
Redundancy/Duplication of Efforts: Foreign companies do not have to go
through two separate validation visits: the first one conducted by the local
Customs administration as the company is initially certified by its business
partnership program followed by the one that C-TPAT would have to conduct if
no MRA was in place. Moreover, companies only have to go through one
revalidation visit in the future. |
4. Common Standard/Trade
Facilitation: Companies only have to conform to one set of security requirements.
Avoiding the burden of addressing different sets of requirements as a
shipment moves through the supply chain in different countries facilitates
international trade. Since C-TPAT’s minimum security criteria has become the
world’s standard, once a company complies with C-TPAT’s criteria, that
company essentially complies with the security criteria of those countries
the U.S. has reached MR with: Japan, Canada, New Zealand, and Jordan.
Finally, since MR is based on having equally stringent minimum security
criteria, companies will have an easier task when they have to conduct and
document their security self-assessments. |
5. Transparency: Closer collaboration
among Customs Administrations and between Customs administrations and their
partnership program companies should lead to more transparency in
international commerce. Similar security platforms and the exchange of
information between all of these partners expedite and facilitate the
movement of commerce across nations. |
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