e-NOA/D

June 2005Peter PallasTel: 206-521-8030Cell: 206-4274923Fax: 206-299-9108E-Mail: peter.pallas@iss-shipping.com

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 personKnowingly providing incorrect information = Jail!

Data Integrity

February 2nd, 2005US 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

Questions?