By: Johnny Walker
May 2012 Term
The terrorist attacks in the United States of America on September 11, 2001, have catapult national security as the top priority issue for the United States government at all levels. Since then, numerous legislatives and government regulations have been developed to ensure security is implemented to protect the American public and businesses. Amongst the newly introduced legislatives, several regulations have been introduced with a special emphasis on the security of containerized port operation and specifically addressing development and globalization of container security within the trading nations and non-governmental organizations (NGO). This research paper will briefly discuss the newly established security regulations by the U.S. government and the International community on the new cargo security issue. The focus of the paper is to discuss the container security and the new Container Security Initiative (CSI) through the maritime transportation mode and the challenges of the new initiative. The purpose of this paper, however, is not to prove the important of the supply chain security, but rather to discuss the impact of the new Container Security Initiative (CSI), and to show where our major trading partners and the international partners stand in regard to the new regulations enacted by the United Congress. Lastly, the paper will present and analyze several studies form the European Union that raised some concerns about the validity of the new CSI. After the 9/11 attacks, the United States government and the 9/11 commission have enacted several global supply chain security legislations. Congress has directed the Department of Homeland Security (DHS) to implement the new regulations Maritime Safety. The regulations includes the passage of the Maritime Transportation Security Act (MTSA) of 2002, creation of the Container Security Initiative (CSI), the development of the 24-hour Advance Vessel Manifest Rule (the 24-hour rule), Custom-Trade Partnership Against Terrorism and the International Ship and Port Facility Security (ISPS) code. For the purpose of this paper, we will discus the MTSA and the CSI regulations. The Maritime Transportation Security Act of 2002 (MTSA) is intended to protect U.S. ports and waterway from a terrorist attack. The purpose of the MTSA is to create a consistent security program for all the nation’s ports to better identify and deter threats. The U.S. Customs and Border Protection (CBP) is responsible for creating the Container Security Initiative (CSI) to address the threat to border security and global trade posed by the potential for terrorist use of a maritime container to deliver a weapon. The CSI program seeks to identify and inspect all containers that pose potential risk from terrorism at foreign ports before they are placed on vessels destined for United States. The core elements of the Container Security Initiative includes identify high-risk containers where CBP would use automated targeting tool to identify containers that pose a potential risk for terrorism, based on advance information and strategic intelligence. All containers are prescreened and evaluate before they are shipped. In addition, containers are screened as early in the supply chain as possible, generally at the port of debarkation. On the prescreening of the containers, the CBP would use nonintrusive inspection technology to prescreen high-risk containers to ensure that screening can be done rapidly without slowing down the movement of trade. This technology includes large scale X-ray and gamma ray machines and radiation detection devises. These core elements requirements are coincided with the Public Law requirements enacted by the United States Congress later on August 3, 2007. Where the United States Congress enacted Public Law 110-53, Tittle XVII – Maritime Cargo, Section 1701, Container Scanning and Seals and Title XVIII – Preventing Weapons of Mass...
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