USA

AMS developments

It is immediately expected that CBP will announce that for the next 30 days there will be a period of "informed compliance" for bulk and breakbulk cargoes only. During this period CBP will explain to the Carrier those portions of the regulations they have failed to follow. No fine or penalty will be assessed during the 30 day informed compliance period. After April 1 fines and penalties will be imposed. However, it appears that this concession will not apply to containerised cargoes.

In addition we received further information from Freehill Hogan & Mahar overnight of the issue of whether on not a time charterer may be deemed to be the Carrier. The advice is still far from clear, but it seems that CBP has relaxed its initial view:

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CBP confirmed that there will be no further guidance issued at this time on the identity of carrier issue. CBP takes the position that the parties involved in the trading of the ship should work it out amongst themselves as to who is to comply. Our contact cautioned, however, that owners contemplating requiring compliance by charterers as an element of their contract to "rent" the ship should keep in mind that the penalties which may be assessed are targeted at the vessel. Thus, CBP suggests, the owner has the most at stake in ensuring compliance with the regulations. We realize this is not a satisfactory answer but it the best we are able to obtain from CBP.

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Members wishing to discuss either of these issues with CBP directly should contact:

Entry Procedures & Carriers Branch Office
Regulations & Rulings
US Customs & Border Protection
1300 Pennsylvania Avenue NW
Mint Annex
Washington DC 20229

Contact: Mr Glen E Vereb
Tel: +1 202 572 8724
Fax: +1 202 572 8747