Since the development of C-TPAT, the response from the private sector has been significant, with more than 10,000 importers, carriers, brokers, and foreign manufacturers seeking certification. Of these applications, approximately 7,000 partners have been certified, a status obtained following submission and approval of the Supply Chain Security Profile to Customs and Border Protection (CBP). At this stage C-TPAT partners are granted Tier 1 status, entitling them to a number of limited benefits.
The following stage in the process for granting partners, specifically importers, full rights and benefits under C-TPAT, occurs when Customs and Border Patrol officers, termed Supply Chain Specialists, conduct the Validation audit. In this process, the Supply Chain Specialists review the security policies and practices of applicants to ensure the importer’s profile is accurate and to verify appropriate security measures are being implemented. Working alongside the importer, CBP Supply Chain Specialists identify countries where the importer conducts substantial sourcing operations, and identifies ideal targets within the supply chain for staging the Validation audit. Once Validation has taken place, CBP assigns a Tier category to the partner (importer) based on their level of security practices and the number of concerns and best practices observed. At this stage, CBP may also suspend the benefits of an importer if significant security concerns are detected.
Current Challenge:
As mentioned earlier, of the approximately 10,000 application to C-TPAT, approximately 7,000 had been certified by March 2006. According to the General Accounting Office report “Homeland Security: Key Cargo Security Programs Can Be Improved” (GAO-05-466T), CBP’s goal was to validate members within 3 years (of the program inception in 2002), [and] to date it has validated 11 percent of them”. By the date of this report (May 05), of the 4877 certified members, only 550 had undergone Validation. According to a recent report by the consulting firm PriceWaterhouseCoopers, the total number of certified partners had increased to nearly 7,000, while the number of validated members had risen to roughly 700, representing 10% of the members already receiving a number of limited benefits.
This clearly points to a massive backlog of Validations. GAO recommendations focused on CBP increasing the number of supply chain specialists dedicated to conducting Validations, which CBP has undertaken since the report was issued. In August 2004, the number of specialists was roughly 40, and according to CBP, by July 2006 this number is expected to increase to 156. The recent approval of an additional $20 million in funding for C-TPAT will likely ease staffing constraints, but the backlog of C-TPAT members remains striking, and as new members join, the goal of validating all members appears increasingly unattainable in the near future. Also noteworthy is the potential approval of the "GreenLane Maritime Cargo Security Act”, which would require CBP to conduct all Validation inspections:
“not later than 1 year after a participant has been certified under subsection (d)(1), the Secretary shall validate, directly or through certified third parties, the security measures and supply chain security practices of that participant. Such Validation shall include a visit to foreign locations utilized by the C-TPAT participant as part of the supply chain”
At 156 supply chain specialists, the number of Validations needing to take place within one year would be overwhelming (roughly 6300), and would including foreign and domestic site visits. Even where this possible, it would bring into question the effectiveness of the Validation process, as this would require the Validation of highly complex supply chains of C-TPAT partners to take place at the rate of twice weekly. With many importers sourcing in scores of countries with potentially thousands of foreign manufacturers, such a limited audit is unreliable and potentially inaccurate in gathering an accurate “snapshot” of the importer’s supply chain security practices.
While the proposed timetable within S2008 appears draconian, at current Validation rates essentially 90% of certified C-TPAT members are receiving a number of benefits based solely on their submission of an application, without any kind of verification to date.
In addition to the backlog of Validations that will need to be addressed in such a short timeframe, CBP has declared its intention to pursue re-Validation audits for selected C-TPAT partners in 2007. This practice is certainly in the right direction, as it ensures that the practices and policies reviewed during the original Validation are effectively part of the standard operating procedures of the partner and not merely created for the purposes of a favorable Validation report. However, the plan to add more audits and site visits to the already vast workload of the supply chain specialists would appear unfeasible under current project operation guidelines.
Solution: Validations performed by Third Party Monitors
By delegating large part of the work of assessing foreign sites to third parties, CBP will be able to focus on administering the program, developing the means for increasing the number of container inspections, implementing the “GreenLane” benefits, cataloguing best practices, analyzing and isolating area of the global supply chain where highest vulnerabilities exist, updating the supply chain security profiles of partners, and undertaking the task of re-validating partners. By creating a means of increasing the pool of individuals with the ability to validate a certified C-TPAT member, there is a possibility of clearing the backlog of members awaiting Validation within a much shorter time frame than currently possible under CBP staffing constraints.
Currently, the “GreenLane Maritime Cargo Security Act” has been passed by the House, as well as the Senate Homeland Security Committee, but has yet to be voted on by the Senate. The Senate failed to debate this bill before the August recess; it now remains to be seen if this is taken up before the mid-term elections.
Sources:
General Accounting Office report “Homeland Security: Key Cargo Security Programs Can Be Improved” (GAO-05-466T). Available http://www.gao.gov/new.items/d05466t.pdf
PriceWaterhouseCoopers LLP. “Cargo Security White Paper: Independent Verification of C-TPAT Cargo Security Controls”. Available http://pwc.com/extweb/pwcpublications.nsf/docid/36261E03158608EB8525705A006C6DCF
S.2008. GreenLane Maritime Cargo Security Act. Presented by Senators Patty Murray and Susan Collins. November 2005. Available http://www.govtrack.us/congress/bill.xpd?bill=s109-2008