**Report to Congress**

**on the**

**International Trade Data System (ITDS)**

![](media/image1.png){width="2.3756944444444446in"
height="1.6319444444444444in"}

**November 2007**

[]{dir="rtl"}

**Table of Contents**

[Legislative Requirement 5](#__RefHeading___Toc182381711)

[Executive Summary and Recommendations 6](#__RefHeading___Toc182381712)

[*Overview* 6](#__RefHeading___Toc182381713)

[*Agency Participation* 6](#__RefHeading___Toc182381714)

[*Status of ITDS Program* 6](#__RefHeading___Toc182381715)

[*Status of Implementation of ITDS Functions in ACE*
7](#__RefHeading___Toc182381716)

[*Budget Issues* 8](#__RefHeading___Toc182381717)

[Introduction 9](#__RefHeading___Toc182381718)

[*Overview* 9](#__RefHeading___Toc182381719)

[The Current Trade Reporting Environment: the Problem ITDS Is Intended
to Fix 10](#__RefHeading___Toc182381720)

[How ITDS Can Fix Trade Reporting 10](#__RefHeading___Toc182381721)

[Benefits from the Single Window 10](#__RefHeading___Toc182381722)

[*Benefits of Shared Electronic Access to Data*
11](#__RefHeading___Toc182381723)

["New" Access to Data 11](#__RefHeading___Toc182381724)

[Enhanced Risk Analysis 11](#__RefHeading___Toc182381725)

[Import Safety Benefits 12](#__RefHeading___Toc182381726)

[Export Data 12](#__RefHeading___Toc182381727)

[*Benefits from Adopting International Standards*
12](#__RefHeading___Toc182381728)

[World Customs Organization (WCO) Data Model
12](#__RefHeading___Toc182381729)

[Status of Implementation of ITDS Program
14](#__RefHeading___Toc182381730)

[*Extent of Participation in ITDS by Federal Agencies*
14](#__RefHeading___Toc182381731)

[Safe Port Act 14](#__RefHeading___Toc182381732)

[Quality of Participation 14](#__RefHeading___Toc182381733)

[Import Safety Working Group Recommendations
14](#__RefHeading___Toc182381734)

[OMB Directives 15](#__RefHeading___Toc182381735)

[*Preparing Agencies to Use ITDS* 15](#__RefHeading___Toc182381736)

[Data Harmonization 15](#__RefHeading___Toc182381737)

[Concept of Operations 16](#__RefHeading___Toc182381738)

[Memoranda of Understanding 16](#__RefHeading___Toc182381739)

[Status of Implementation of ITDS Functions within ACE
18](#__RefHeading___Toc182381740)

[*Agency Use of ACE Portal* 18](#__RefHeading___Toc182381741)

[*Security Architecture for Differentiated Access to Information*
20](#__RefHeading___Toc182381742)

[*Computer to Computer Connections* 20](#__RefHeading___Toc182381743)

[*Implementation of WCO Data Model Standards*
20](#__RefHeading___Toc182381744)

[*Implementation of Single Window* 21](#__RefHeading___Toc182381745)

[*Electronic Collection of Data Currently Reported on Paper*
21](#__RefHeading___Toc182381746)

[*Edits and Validations* 22](#__RefHeading___Toc182381747)

[*Delivery Schedule* 22](#__RefHeading___Toc182381748)

[Budget Issues 23](#__RefHeading___Toc182381749)

[*Cost Sharing and Allocation* 23](#__RefHeading___Toc182381750)

[*Funding for ITDS Work within ACE (ITDS Project Team and Shared)*
23](#__RefHeading___Toc182381751)

[*Agency Resource Requirements* 24](#__RefHeading___Toc182381752)

[AGENCY PLANS AND STATUS 28](#__RefHeading___Toc182381753)

[*Agricultural Marketing Service (AMS) - USDA*
28](#agricultural-marketing-service-ams---usda)

[*Animal and Plant Health Inspection Service (APHIS) - USDA*
30](#__RefHeading___Toc182381755)

[*Foreign Agricultural Service (FAS) - USDA*
32](#__RefHeading___Toc182381756)

[*Food Safety and Inspection Service (FSIS) - USDA*
33](#__RefHeading___Toc182381757)

[*Grain Inspection, Packers, and Stockyards Administration (GIPSA) -
USDA* 35](#__RefHeading___Toc182381758)

[*Bureau of Industry and Security (BIS) - Commerce*
36](#__RefHeading___Toc182381759)

[*Census Bureau - Commerce* 37](#__RefHeading___Toc182381760)

[*Foreign-Trade Zones Board (FTZB) - Commerce*
38](#__RefHeading___Toc182381761)

[*Import Administration (IA) - Commerce*
39](#__RefHeading___Toc182381762)

[*National Marine Fisheries Service (NMFS) - Commerce*
40](#__RefHeading___Toc182381763)

[*U.S. Army Corps of Engineers (USACE) - Defense*
41](#__RefHeading___Toc182381764)

[*Office of Fossil Energy (OFE) - Energy*
42](#__RefHeading___Toc182381765)

[*U.S. Fish and Wildlife Service (FWS) - Interior*
43](#__RefHeading___Toc182381766)

[*Bureau Alcohol, Tobacco, Firearms, and Explosives (ATF) - Justice*
44](#__RefHeading___Toc182381767)

[*Drug Enforcement Administration (DEA) - Justice*
45](#__RefHeading___Toc182381768)

[*Bureau of Labor Statistics (BLS) - Labor*
46](#__RefHeading___Toc182381769)

[*Centers for Disease Control and Prevention (CDC) - HHS*
47](#__RefHeading___Toc182381770)

[*Food and Drug Administration (FDA) - HHS*
48](#__RefHeading___Toc182381771)

[*Transportation Security Administration (TSA) - DHS*
50](#__RefHeading___Toc182381772)

[*Bureau Oceans and International Environmental and Scientific Affairs
(OES)-State* 51](#__RefHeading___Toc182381773)

[*Office of Foreign Missions (OFM) - State*
52](#__RefHeading___Toc182381774)

[*Directorate of Defense Trade Controls (DDTC) - State*
53](#__RefHeading___Toc182381775)

[*Department of Transportation* 54](#__RefHeading___Toc182381776)

[*Bureau of Transportation Statistics (BTS)*
54](#__RefHeading___Toc182381777)

[*Federal Aviation Administration (FAA)*
55](#__RefHeading___Toc182381778)

[*Federal Highway Administration (FHWA)*
55](#federal-highway-administration-fhwa)

[*Maritime Administration (MARAD)* 55](#__RefHeading___Toc182381780)

[*National Highway Traffic Safety Administration (NHTSA)*
56](#__RefHeading___Toc182381781)

[*Pipeline and Hazardous Materials Safety Administration (PHMSA)*
56](#pipeline-and-hazardous-materials-safety-administration-phmsa)

[*Federal Motor Carrier Safety Administration (FMCSA)*
57](#federal-motor-carrier-safety-administration-fmcsa)

[*Internal Revenue Service (IRS) - Treasury*
59](#__RefHeading___Toc182381784)

[*Office of Foreign Assets Control (OFAC) - Treasury*
60](#__RefHeading___Toc182381785)

[*Alcohol and Tobacco Tax and Trade Bureau (TTB) - Treasury*
61](#__RefHeading___Toc182381786)

[*U.S. Consumer Product Safety Commission (CPSC)*
62](#__RefHeading___Toc182381787)

[*Environmental Protection Agency (EPA)*
63](#environmental-protection-agency-epa)

[*Federal Communications Commission (FCC)*
64](#__RefHeading___Toc182381789)

[*Federal Maritime Commission (FMC)* 65](#__RefHeading___Toc182381790)

[*International Trade Commission (ITC)*
66](#international-trade-commission-itc)

[*Nuclear Regulatory Commission (NRC)* 67](#__RefHeading___Toc182381792)

[*Office of the United States Trade Representative (USTR)*
68](#__RefHeading___Toc182381793)

[PGA Integration Schedules 71](#OLE_LINK4)

[Appendix A.1: List of ITDS Agencies -- Alphabetical by Department
94](#__RefHeading___Toc182381795)

[Appendix A.2: List of Agencies -- Alphabetical by Agency Name
95](#__RefHeading___Toc182381796)

[Appendix B: Agency Board Members and Contacts
96](#__RefHeading___Toc182381797)

[Appendix C: Safe Port Agencies 97](#__RefHeading___Toc182381798)

[Appendix D: ACE Portal USERS 98](#__RefHeading___Toc182381799)

[Appendix E: Safe Port Act Text 99](#__RefHeading___Toc182381800)

[Appendix F: Working Group on Import Safety Immediate Actions
101](#__RefHeading___Toc182381801)

[Appendix G: Memoranda from OMB 102](#__RefHeading___Toc182381802)

[APPENDIX H: HISTORY OF ITDS 106](#__RefHeading___Toc182381803)

[APPENDIX I: STATUS OF MOUs 109](#__RefHeading___Toc182381804)

[APPENDIX J: AGENCY CONCEPT OF OPERATIONS STATUS
111](#__RefHeading___Toc182381805)

[]{#__RefHeading___Toc182381711 .anchor}**Legislative Requirement**

Section 405 of the "Security and Accountability for Every Port Act of
2006" (P.L. 109-347) (SAFE Port Act) requires the Secretary of the
Treasury to oversee an interagency initiative to establish a "single
portal system," to be known as the" International Trade Data System"
(ITDS). This unified data system will electronically collect and
distribute import and export data required by government agencies that
license or clear the import or export of goods. The Act requires the
President to submit a report on the ITDS at the end of each fiscal year
to the Committee on Finance of the U.S. Senate and the Committee on Ways
and Means of the House of the Representatives. The report is to include:

(A) the status of the ITDS implementation;

(B) the extent of participation in the ITDS by Federal agencies;

(C) the remaining barriers to any agency's participation;

(D) the consistency of the ITDS with applicable standards established by
    the World Customs Organization and the World Trade Organization;

(E) recommendations for technological and other improvements to the
    ITDS; and

(F) the status of the development, implementation, and management of the
    Automated Commercial Environment within the United States Customs
    and Border Protection.

    []{#__RefHeading___Toc182381712 .anchor}**Executive Summary and
    Recommendations**

    []{#__RefHeading___Toc182381713 .anchor}***Overview***

The International Trade Data System (ITDS) is a "single-window" system
for electronic filing of import and export documentation. ITDS is not a
separate computer system, but a suite of functions to be provided
through the Automated Commercial Environment (ACE), the new trade
processing system of Customs and Border Protection (CBP). ITDS is being
developed and will be operated by CBP with the collaboration of 40 other
government agencies represented by the ITDS Board of Directors.

Importers, exporters, and transport companies face numerous and often
redundant reporting requirements, both paper and electronic, from
multiple Federal agencies. The ITDS "single-window" will provide for a
single electronic filing rather than separate filings to multiple
agencies. ITDS will also help the government provide international trade
data that are more accurate, complete, and timely.

ITDS will enhance Federal agencies' ability to target risky cargo,
persons, and conveyances. ITDS can particularly enhance the
effectiveness of agencies with an import safety mission.

[]{#__RefHeading___Toc182381714 .anchor}***Agency Participation***

Agency participation in ITDS has been uneven, but several new agencies
joined ITDS after the SAFE Port Act became law in October 2006. The
recommendations and recognition from the Interagency Working Group on
Import Safety and from OMB Directives on ITDS participation have also
significantly accelerated agency activity.

ITDS is already partly operational. ITDS agencies are able to obtain
detailed import information through the ACE Portal, a secure web-based
interface. However, not all agencies are taking full advantage of that
information.

***Recommendation 1:** Agencies, particularly those with an import
safety mission, should accelerate development of plans for their
participation in ITDS in order to take full advantage of ITDS
capabilities.*

[]{#__RefHeading___Toc182381715 .anchor}***Status of ITDS Program***

Work on harmonizing data among agencies, which is critical for
eliminating redundant data demands, is not complete but has accelerated.

***Recommendation 2:** The ITDS Board should ensure that a Standard ITDS
Data Set is established by January 1, 2008.*

For an agency to take full advantage of the possible new ways of doing
business that ITDS offers, the responsible policy, IT, operational, and
legal offices must be fully involved. In many circumstances, agencies
look to the ITDS Project Team to take the lead in developing business
plans for fully electronic operations and for interagency cooperation.
While the ITDS Project Team has the expertise to make helpful
recommendations, their efforts should not be substituted for that of the
appropriate offices and the Project team should not be diverted from its
primary task, developing the ITDS IT infrastructure.

***Recommendation 3:** Development of the ITDS program requires the
involvement of the appropriate policy and operational offices of all
agencies. Agencies may need to realign resources to accommodate the
increasing ITDS workload. The ITDS Board and OMB should take steps to
ensure that agency participation is adequate and that Project Team
resources are focused on the development of the ITDS IT infrastructure.*

***Recommendation 4:** Agency legal offices must engage in drafting
Memoranda of Understanding between agencies which provide the necessary
legal foundation for a shared data system, and highlight critical policy
and operational issues. Work on MOUs should be accelerated.*

[]{#__RefHeading___Toc182381716 .anchor}***Status of Implementation of
ITDS Functions in ACE***

ITDS agencies are already able to obtain detailed import information
through the ACE Portal, but agencies are unable to access some data
already collected electronically because the data either 1) has not yet
been added to the ACE Data Warehouse, or 2) because software for
retrieving that data is not fully operational.

This data could be made quickly available but that would involve
changing the current ACE development schedule and must be balanced with
other priorities. Making this data available could have immediate
benefits (particularly with regard to import safety) and would also
accelerate agency plans to fully utilize ITDS.

***Recommendation 5:** Accelerate plans to add to the ACE Data Warehouse
all import information currently reported electronically to CBP so that
it can be accessed by agencies through the ACE Portal.*

The data exchange architecture intended to provide variable levels of
access (limiting users to specified classes of data) has not yet been
implemented. As a result, agency users can be required to have
higher-level background checks and security clearances, the cost of
which discourages use of the information available.

***Recommendation 6:** Implementation of "Access Filters" should be
accelerated.*

ITDS is aligning agency data requirements with the World Customs
Organization standards for transmitting data from traders to
governments. Adoption of standardized reporting formats can relieve
traders from the cost of adapting to countries' different reporting and
software requirements.

International standardization also facilitates information sharing
between governments, which can provide advance notice of risky
shipments, effectively extending our enforcement perimeter beyond the
border.

***Recommendation 7:** Accelerate implementation of World Customs
Organization Data Model messages (new international standard for customs
reporting) in order to:*

-   *Reduce computer processing costs for traders by providing a single
    international format for communicating import and export information
    to governments rather than requiring traders to adjust to each
    country's different reporting and electronic communication
    protocols.*

-   *Allow rapid and accurate exchange of data between authorities to
    facilitate international enforcement cooperation and extend our
    enforcement perimeter beyond our border.*

CBP is considering whether to incorporate in ACE all "edits" now used in
current CBP trade processing system. (Edits identify errors in data
submitted.) This evaluation is fact-specific: some edits are critical,
others may be less useful. ITDS agencies and CBP, however, may evaluate
particular edits differently.

***Recommendation 8:** ITDS Agencies should determine which edits are
critical for their purposes and provide timely input to the ACE
development team.*

Some features to be used by ITDS agencies that were scheduled to be
implemented have been delayed. Schedule slips are not unusual in a large
IT project, but to ensure that ITDS interests represented in the
decision process, the ITDS Board should be represented in the body or
bodies making decisions regarding the ACE Schedule.

***Recommendation 9:** To ensure that ITDS equities and interests are
represented the ITDS Board should be represented in the ACE decision
making process.*

[]{#__RefHeading___Toc182381717 .anchor}***Budget Issues***

Implementation of ITDS requires CBP funding for development within ACE
(ITDS Project team), and other agency funding for hardware and software
specific to that agency.

***Recommendation 10:** The ITDS Board of Directors should continue to
closely track program expenditures to ensure charges lead directly to
delivery IT capabilities, and that those capabilities are delivered on
schedule.*

***Recommendation 11:** Agencies participating in ITDS should ensure
their capital planning and investment control processes incorporate
plans for utilizing ITDS.*

[]{#__RefHeading___Toc182381718 .anchor}**Introduction**

[]{#__RefHeading___Toc182381719 .anchor}***Overview***

The International Trade Data System (ITDS) is a "single-window" system
for electronic filing of import and export documentation. Currently
importers, exporters, and carriers must file separately (often on paper)
with the various agencies that regulate a particular good or means of
transport. With a "single-window," a single electronic filing is made
and the relevant information is then distributed to the appropriate
agencies. ITDS will eliminate redundant reporting and systems: it will
also provide agencies with access to information and processing
capability that they do not now have.

Contrary to what the name may suggest, ITDS is not a separate computer
system. ITDS is a feature of ACE (Automated Commercial Environment), the
new automated system for processing imports and exports that is being
built by Customs and Border Protection (CBP). ITDS is being developed
and will be operated by CBP with the collaboration of 40 other
government agencies working through the ITDS Board of Directors, which
is comprised of representatives of those agencies, and chaired by the
Treasury Department. Board members and other agency representatives work
closely with a number of CBP offices, but particularly CBP's Office of
Information Technology, and with the ACE Support Team (AST), the
consortium of contractors hired by CBP to help implement ACE and
administer the ITDS program.

![](media/image2.wmf){width="4.995138888888889in"
height="3.7506944444444446in"}

[]{#__RefHeading___Toc182381720 .anchor}[The Current Trade Reporting
Environment: the Problem ITDS Is Intended to Fix]{.underline}

Today, international traders are confronted with duplicative and
non-uniform reporting requirements, both paper and electronic. A number
of Federal agencies maintain separate international trade reporting
systems. Other agency processes are not automated at all, requiring
traders to present CBP officials with paper documentation before their
goods are allowed to enter or depart the United States.

Because international trade is important to our economy, the cost of
redundant reporting requirements burdens not only importers and
exporters but also the performance of the economy as a whole. These
requirements are not, of course, intended to burden traders or the
economy, but to protect consumers, the environment, health and safety;
to collect information for accurate taxation and for trade statistics;
and for numerous other reasons. But the multiple reporting schemes
associated with each of these goals have been superimposed one on top of
another, despite efforts to limit the cumulative burden.

Separate, redundant collection systems are not only costly; their very
separateness limits their effectiveness. Agencies do not necessarily
have access to information that other agencies collect, or know what
actions other agencies have taken in response to that information. They
act in isolation rather than together.

Finally, and of critical importance, international trade transactions
are reported not only to U.S. authorities, but also to other nations
with their own electronic reporting formats. Firms operating in multiple
countries must report to each country in the unique formats each
requires. The failure to adopt internationally standardized not only
creates costs for traders, but also hinders collaboration among
governments to identify, track, and apprehend dangerous shipments, a
matter of great importance today.

[]{#__RefHeading___Toc182381721 .anchor}[How ITDS Can Fix Trade
Reporting]{.underline}

The ITDS "single-window" can eliminate redundant filings, enable
agencies to work collaboratively, and by incorporating international
reporting standards facilitate data sharing and enforcement cooperation
among governments.

[]{#__RefHeading___Toc182381722 .anchor}[Benefits from the Single
Window]{.underline}

ITDS will:

-   Reduce the burden on business and increase the efficiency of the
    government's collection of international trade transaction data by
    substituting standard electronic messages for the redundant
    reporting -- often on paper forms -- that occurs today.

-   Enhance the ability of CBP and other agencies to target risky cargo,
    persons, and conveyances.

-   Extend the capabilities of ACE by bringing together critical
    security, public health, public safety, and environmental protection
    agencies through a common platform.

-   Reduce the technical barriers to authorized sharing of data with
    other governments by accepting electronic filings reported using
    international standards for trade reporting (World Customs
    Organization standards).

```{=html}
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-   Improve compliance with laws and regulations that apply to

    -   Carriers \-- for example, highway safety and vessel clearance
        requirements,

    -   People \-- for example, immigration requirements for drivers and
        crews of commercial conveyances, and

    -   Goods -- which consist of several hundred laws including those
        addressing public health and safety, animal and plant health,
        consumer protection, and enforcement of trade agreements.

-   Provide convenient access to data on international trade that are
    more accurate, complete, and timely for Federal agencies with a
    statistical mission.

-   Provide a single billing and collection point for the variety of
    taxes and fees incurred by traders.

    []{#__RefHeading___Toc182381723 .anchor}***Benefits of Shared
    Electronic Access to Data***

ACE/ITDS will serve as a custodian of records on international trade
transactions, providing Federal agencies with a convenient, single point
of access to data on trade transactions, with each agency having its
own, and appropriate, level of access.

[]{#__RefHeading___Toc182381724 .anchor}["New" Access to
Data]{.underline}

ITDS already provides agencies, near-real- time access to the import
information that CBP currently collects (subject to limitations pursuant
to statute). This is information that agencies have not had in the past.

CBP collects a significant amount of electronic data about individual
import and export transactions and the means of transportation
involved.[^1] Some agencies currently receive a real-time feed of
specified data for specific types of transactions. Other agencies may
receive periodic reports of specified data delivered on tape or disc. A
number of agencies receive information through paper forms that are
collected by CBP on behalf of the agencies. Several agencies purchase
information from the Census Bureau which edits and compiles raw data it
receives via a direct connection with CBP computer systems.

Other agencies have little knowledge about specific shipments falling
under their jurisdiction. Participation in ITDS provides agencies with
access to data soon after it is reported (and in the future, as it is
reported) allowing agencies to take timely action. In addition, data to
be collected electronically in the future can then also be shared among
authorized agencies.

[]{#__RefHeading___Toc182381725 .anchor}[Enhanced Risk
Analysis]{.underline}

Agencies that utilize ACE by participating in the ITDS program will
enhance their ability to use risk analysis by:

-   Making data available electronically so it can be used more flexibly
    and less expensively,

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-   Making more data available more quickly than in the past,

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-   Allowing CBP and other agencies to share targetting or risk analysis
    results, and

```{=html}
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-   Providing capacity to easily aggregate and analyze data.

    []{#__RefHeading___Toc182381726 .anchor}[Import Safety
    Benefits]{.underline}

Timely access to information on imports can dramatically enhance the
effectiveness of agencies with an import safety mission. For example,
USDA's Food Safety Inspection Service (FSIS) was able to increase the
amount of ineligible product detected, detained, and removed from
commerce and the food supply from 36,000 to 1.6 million pounds (44-fold)
in one year (FY 2005 to FY 2006), as a result of information obtained
through the ACE Portal. Other recent examples of the use of import data
include CBP's use of import data to select shipments of pet food and
toys for examination for compliance with US safety standards.

[]{#__RefHeading___Toc182381727 .anchor}[Export Data]{.underline}

Much export information that CBP collects is collected under Census
Bureau authority. That data can be shared with other agencies with
Census Bureau permission, subject to statutory limitations. Export
capabilities are currently scheduled for the later stages of ACE and
ITDS implementation.

[]{#__RefHeading___Toc182381728 .anchor}***Benefits from Adopting
International Standards***

[]{#__RefHeading___Toc182381729 .anchor}[World Customs Organization
(WCO) Data Model]{.underline}

ITDS is also aligning agency data requirements with the World Customs
Organization (WCO) Data Model's internationally standardized electronic
reporting formats, which consist of standardized data requirements (with
standard definitions and reporting codes) and standard "messages" for
transmitting data from importers, exporters, and carriers to
governments.

International standardization was first intended to relieve traders from
having to adapt to each country's individual reporting regime and invest
in different software for each country. In the current environment,
however, the greatest potential benefit of adopting international
standards may be to enhance enforcement capabilities by providing the
platform for customs administrations to share information. This
information sharing can provide advance notice of risky shipments and
facilitate further international enforcement cooperation, effectively
extending our enforcement perimeter beyond the border.

At present, all countries have different data requirements and data
formats for essentially similar customs processes. Moreover, most
countries routinely require much of this information to be submitted on
paper. The WCO model standardizes electronic customs reporting to reduce
the data required for such reporting and to promote paperless customs
processing. Standardizing electronic reporting requirements and formats
will reduce costs for traders, who now must use a different format for
each country with which they trade.

***Features of the WCO Data Model Messages* --**

-   Common electronic transmission protocol, based on UN/EDIFACT.

-   Data elements required for export are identical to those used for
    import reporting, whenever practicable.

-   Common coding to designate places, parties, conveyances, etc.

***Synergies from International Standardization***

In addition to the obvious cost savings from eliminating differing
reporting standards, harmonization of electronic reporting formats
provides a common platform that can support joint procedures and further
reduce the burden of customs compliance. For example, the WCO standard
format for the import manifest (the carriers transport declaration)
provides a common format that could be used by any country for a
manifest report.

One feature of the WCO standard messages is that the data and format for
import and export reports are, to the extent possible, the same. This
standardization allows importers to avoid preparing duplicative reports
in differing formats and facilitates sharing of data between customs
authorities, promoting cooperative enforcement efforts. Just as
important, such standardization will facilitate international
cooperation on trade enforcement and tax collection, and help uncover
fraud, corruption, and illicit trade terrorist threats. Currently,
governments that share information must devote resources to
"translating" data flows to make them intelligible to the receiving
government.

[]{#__RefHeading___Toc182381730 .anchor}**Status of Implementation of
ITDS Program**

[]{#__RefHeading___Toc182381731 .anchor}***Extent of Participation in
ITDS by Federal Agencies***

In the dozen years since the beginning of the ITDS program, agency
participation has been uneven. In the past year, several additional
agencies joined ITDS after the SAFE Port Act became law. New attention
brought by recommendations and recognition from the Import Safety
Working Group and from OMB Directives on ITDS participation has
accelerated agency activity.

[]{#__RefHeading___Toc182381732 .anchor}[Safe Port Act]{.underline}

The SAFE Port Act (P.L. 109-347, October 13, 2006) formally established
ITDS (a detailed history of ITDS can be found in the Appendices to this
report). The Act directed the Secretary of the Treasury to coordinate
interagency participation in ITDS in consultation with an interagency
committee consisting of the agencies participating in ITDS and OMB.
Significantly, the Act requires all "agencies that require documentation
for clearing or licensing the importation and exportation of cargo" to
participate in ITDS.

Currently, 41 agencies are participating in the ITDS program. Before
passage of the SAFE Port Act, 31 agencies were participating. At that
time, ten additional agencies were identified as requiring documentation
for clearing or licensing cargo. Nine of those agencies have since
joined ITDS. The Coast Guard and CBP continue to discuss sharing
information to be collected through ACE. OMB has also recently joined
the ITDS Board of Directors. This accounts for all agencies that might
be required to participate in ITDS by the SAFE Port Act.

[]{#__RefHeading___Toc182381733 .anchor}[Quality of
Participation]{.underline}

The degree of participation by agencies has been uneven. Some agencies
have fully specified their requirements for automating their business
processes and have completed preparations to receive and use data. Other
agencies are at an earlier stage of integration. In some cases, that is
because the agency has only just joined ITDS. Others may have only a
statistical mission and rely heavily on the data provided by the Census
Bureau. Still others may be unclear about how ITDS will support their
mission or what resources it will require. Finally, some agencies have
been reluctant to commit budget and staff resources to an approach that
involves a complex and expensive IT system that is only beginning to
come on line and a continued reliance on factors and resources outside
the control of the agency.

A capsule presentation of each agency's planned and present involvement
in ITDS can be found in the section "Agency Plans and Participation."
Timetables for delivering various capabilities to agencies are presented
graphically in the section "Agency Integration Schedules."

[]{#__RefHeading___Toc182381734 .anchor}[Import Safety Working Group
Recommendations]{.underline}

On July 18, 2007, Presidential Executive Order 13439 created the
cabinet-level Interagency Working Group on Import Safety to study the
various facets of import safety processes, and tasked the group to
report on the necessary steps to enhance the safety of imported
products. That report was delivered to the President on September 10,
2007.  The Working Group report recognized ITDS as a "key component to
improve systems interoperability" in the effort to improve import
safety. In addition, the Working Group recommended accelerating
implementation of ITDS and particularly urged that:

-   Information currently reported by importers and carriers to CBP be
    included in the ACE Data Warehouse, where it can be accessed by
    other agencies, and,

-   The World Customs Organization Data Model messages (new
    international standard for customs reporting) be implemented in
    order to provide a platform for electronic reporting of health and
    safety information in advance of the current ITDS production
    schedule.

***Recommendation 1:** Agencies, particularly those with an import
safety mission, should accelerate development of plans for their
participation in ITDS in order to take full advantage of ITDS
capabilities.*

[]{#__RefHeading___Toc182381735 .anchor}[OMB Directives]{.underline}

Following up on the SAFE Port Act and the recommendations of the Import
Safety Working Group (ISWG), OMB Deputy Director Clay Johnson issued a
policy memorandum (M-07-23) requiring each agency involved in clearing
and licensing cargo to designate a senior executive to participate in
the ITDS interagency team and to prepare a plan, to be completed by
November 12, 2007, outlining the agency's plan for utilizing ITDS,
including any necessary rulemaking or acquisitions. A subsequent OMB
memorandum, issued on September 28, 2007, by Karen Evans, OMB's
Administrator for E-Government and Information Technology, incorporated
further ISWG recommendations with regard to ITDS and elaborated on the
information required for the plans required by the Johnson memo. (The
OMB memos can be found in the Appendices to this report.)

In response to the interest generated by the Import Safety Working Group
and the mandate from the OMB instructions, the ITDS Project Team quickly
developed a template for the report, and instituted an outreach program
to help agencies meet the OMB timetable.

[]{#__RefHeading___Toc182381736 .anchor}***Preparing Agencies to Use
ITDS***

Three important early steps in participation in ITDS are harmonizing
data, development of a "Concept of Operations" (Conops), and preparing
draft Memoranda of Understanding (MOUs) between CBP and each agency
participating in ITDS. Each of these steps can provide agencies insight
into how they can utilize ITDS capabilities. Whether or not these steps
have been completed can also be seen as a measure of how ready an agency
is to use ITDS capabilities.

[]{#__RefHeading___Toc182381737 .anchor}[Data Harmonization]{.underline}

A first step in implementing a completed single window is to harmonize
data requirements among agencies. In addition to the duplicative
requirements for any given transaction, agencies often ask for the same
basic information (e.g., value of goods, identity of importer, and
origin of goods) but require it to be reported in different ways or may
define that data element slightly differently. To eliminate redundancies
and any unnecessary idiosyncratic definitions, all agencies
participating in ITDS try to harmonize their trade data requirements.

In addition, by specifying what, when, how, and by whom data are
reported, the data harmonization effort established the fundamental
parameters for reporting messages and for data storage and use within
the system. It is the most fundamental part of the ITDS program.
Moreover, as part of the harmonization work, the ITDS standard data
requirements are being aligned with data standards of the World Customs
Organization Data Model.

Work in this area is not as advanced as it should be, but changes over
the past year and a half have accelerated the effort. It is imperative
that this work remain the primary focus of the ITDS project team.

***Recommendation 2:** The ITDS Board should ensure that a Standard ITDS
Data Set is established by January 1, 2008.*

[]{#__RefHeading___Toc182381738 .anchor}[Concept of
Operations]{.underline}

With technical assistance from the ACE Support Team, each agency
prepares its *Concept of Operations* paper (ConOps) describing the
agency's ITDS-related mission, the agency's current mode of operation,
and how the agency envisions operating in the future when ITDS is
implemented. The description of future operations should describe the
data the agency expects to receive through ITDS, any communications the
agency expects to make through ACE/ITDS with importers, exporters,
carriers, CBP, or other agencies, and the joint or cooperative
operations with CBP that the agency envisions. Those "Concept of
Operation" documents are to be reviewed and agreed to by both CBP and
the agency participating in ITDS.

"Concept of Operations" documents are not yet complete and not all
Concept of Operations documents that have been prepared have been agreed
to by CBP and the subject agency.

[]{#__RefHeading___Toc182381739 .anchor}[Memoranda of
Understanding]{.underline}

Memoranda of Understanding (MOU) lay out the relationship between CBP
and each agency participating in the ITDS program. Each MOU is intended
to specify in detail the information that an agency expects to receive
through ACE/ITDS, which parties are to report that information, when
that information is to be reported, and in which messages (e.g.,
manifest, entry, entry summary). The MOU should also lay out how those
data are to be transmitted to the agency (file format, detailed format
for each data element, method of transmission). MOUs will specify the
legal conditions under which any data is shared, including any
restrictions that the agency with authority to collect certain data may
place on the use or further dissemination of those data by an agency
with which those data are shared. Completion of an MOU will also often
depend on completion of a Systems of Record Notice (SORN) and a Privacy
Impact Assessment (PIA) by the agency receiving the data. Finally, the
MOU will lay out details for any cooperative or joint operations between
CBP and the agency. For agencies whose access to data through ACE/ITDS
is only statistical, this is a relatively simple issue. For agencies
with an inspection or enforcement role at the border, working out the
details can be a lengthy and involved process.

CBP has signed MOUs with the Census Bureau and the International Trade
Commission. (A table outlining the status of work on each MOU can be
found in the Appendices to this report.)

The primary task of the ITDS Project team is developing the ITDS IT
infrastructure. At times, however, the ITDS team is diverted from their
primary task and drawn into work involving reaching agreement on MOUs or
ConOps that are divorced from information technology concerns.

***Recommendation 3:** Development of the ITDS program requires the
involvement of the appropriate policy and operational offices of all
agencies. Agencies may need to realign resources to accommodate the
increasing ITDS workload. The ITDS Board and OMB should take steps to
ensure that agency participation is adequate and that Project Team
resources are focused on the development of the ITDS IT infrastructure.*

***Recommendation 4:** Memoranda of Understanding between agencies
provide the legal foundation required for a shared data system and
shared operations, as well as highlight critical policy issues. Work on
MOUs should be accelerated.*

[]{#__RefHeading___Toc182381740 .anchor}**Status of Implementation of
ITDS Functions within ACE**

Agencies will require a wide variety of IT processing capabilities to be
incorporated within ACE, from accessing data through a web based
interface (ACE Portal), to tracking and decrementing licenses, to
downloading data for analysis. This report focuses on implementation of
a few key capabilities. The Table "ITDS Agency Functional Requirements"
(following page) lists many of those capabilities, the agencies that are
expected to use them, and their stage of implementation.

[]{#__RefHeading___Toc182381741 .anchor}***Agency Use of ACE Portal***

Some ITDS functions are already partly operational. ITDS agencies are
already able to obtain, in near real time, detailed information about
any importation reported through an electronic filing. Most information
currently required by CBP from importers (entry summary data) is
transferred daily from CBP's current processing system to the ACE "Data
Warehouse," which ITDS agencies can access through the ACE Portal, a
secure web-based interface. For example, an agency analyst could log
onto the ACE portal at his desk and identify all imports (which were
reported electronically) of toys, dog food, or shrimp for any given
month, day, port, or importer over the past 3 years. Twenty-four of the
agencies participating in ITDS already have access to data on import
transactions through the Web-based ACE portal.

Agencies have already been able to put this information-processing power
to work. For example, as a result of information obtained through
ACE/ITDS, the Food Safety Inspection Service increased the amount of
ineligible product it removed from commerce 44-fold in one year (36,000
to 1.6 million pounds-FY 05-06). Access to the ACE Portal has also
allowed agencies to eliminate redundant paperwork requirements. Before
obtaining access to the ACE Portal, Treasury's Alcohol and Tobacco Tax
and Trade Bureau required importers of industrial alcohol to file a
paper certification that the product was to be used for non-beverage
purposes. The import information available through the ACE Portal has
allowed the agency to eliminate that requirement.

However, a number of agencies currently with ACE Portal access (or which
could have Portal access) are probably not taking full advantage of the
information available through ACE because they have not fully explored
the information available or because taking advantage of the information
requires changing the way an agency does business.

Other agencies are unable to access data that are currently collected
electronically because the data (1) have not yet been added to the ACE
Data Warehouse, or (2) have been added to the ACE Data Warehouse, but
software for retrieving of that particular data has not yet been
perfected.

A change to the current ACE development schedule could make additional
data available through the ACE Portal on an earlier time-frame -- and
access to this data could immediately improve agencies' ability to
interdict suspicious shipments -- but, this must be balanced against
other priorities. Equally important, access to more data could put some
additional agencies in the position of being able to test new ways of
doing business.

***Recommendation 5:** Accelerate plans to add to the ACE Data Warehouse
all import information currently reported electronically to CBP so that
it can be accessed by other agencies through the ACE Portal.*

Table: ITDS Agency Functional Requirements

![](media/image3.wmf){width="5.995138888888889in"
height="7.026388888888889in"}

[]{#__RefHeading___Toc182381742 .anchor}***Security Architecture for
Differentiated Access to Information***

The ACE Portal is intended to have "access filters" to limit users
and/or agencies to the particular data in which they are particularly
interested. Some agencies would like to have different levels of access
for different employees. The data exchange architecture intended to
provide variable levels of access has not yet been implemented. In the
current "test stage," access is available but unfiltered and, as a
result, agency users will be required to have extensive background
checks and security clearances, often of a level beyond that normally
required for their positions, for access to the data in which they are
interested. Absence of filters can result in added costs for security
clearances for agencies and also discourages use of the information
available through the Portal.

***Recommendation 6:** Implementation of "Access Filters" should be
accelerated.*

[]{#__RefHeading___Toc182381743 .anchor}***Computer to Computer
Connections***

Some agencies have developed plans that will require their systems to be
linked to ACE via a computer--to-computer connection (in contrast with
those agencies that will access data through the ACE Portal) and receive
real-time information on shipments reported to CBP. (Some agencies
already have this type of connection with CBP.)

One agency that will have such a connection is the Federal Motor Carrier
Safety Administration (FMCSA) of the Department of Transportation. FMCSA
will receive, as soon as it is reported to CBP, information on
commercial vehicles entering the United States. The information will be
reported to an FMCSA automated system, Query Central, which will use
that information to identify potential vehicle and driver safety issues,
and determine whether action is required. That decision will be
communicated to CBP (and in some cases to the carrier involved) through
ACE/ITDS.

Although some agencies already have such connections with CBP, no new
computer-to-computer connections have been completed through the ITDS
program. The link to the FMCSA system is currently being tested.

[]{#__RefHeading___Toc182381744 .anchor}***Implementation of WCO Data
Model Standards***

Implementation of the WCO data standards involves ensuring that data
collected through ITDS conform to WCO definitions, data formats, and
reporting codes[^2] and offering the trader the option of reporting
using WCO standard messages.[^3]

The ITDS harmonized data requirements will fully incorporate WCO
standards. No concrete steps have yet been taken to implement the WCO
standard messages. Implementation has been notionally considered as a
second reporting option to be developed after other ACE functions are
completed.

[]{#__RefHeading___Toc182381745 .anchor}***Implementation of Single
Window***

Although the "single window" for reporting by importers, exporters, and
carriers does not yet exist, several agencies have for several years
already helped to reduce the reporting burden on international traders
by using data filed through CBP. For example, information used by the
Census Bureau to compile national import statistics has long been
collected jointly and electronically through filings with CBP.
Information used by the FDA has also been collected through electronic
filings with CBP.

ACE functions are being provided in a series of releases. Complete
implementation of a completed single window -- guaranteeing importers,
exporters, and carriers the ability to make a single filing for each
transaction rather than separate filings for each agency and providing
the facility to collect data not currently collected electronically --
is therefore currently scheduled to be available only at the completion
of the ACE program in 2011 or beyond.

[]{#__RefHeading___Toc182381746 .anchor}***Electronic Collection of Data
Currently Reported on Paper***

For many agencies, much of the data in which they are interested are not
yet collected electronically, pending the development of expanded
reporting messages in subsequent ACE releases. Accelerating the schedule
for collecting those data electronically could provide immediate
benefits by allowing traders to report electronically and by providing
agencies access to data that could enhance their ability to interdict
shipments. Access to those data may also allow agencies to explore new
ways of doing business and better specify the functions they ultimately
want.

Under the current ACE schedule, the reporting messages (entry, entry
summary, etc.) are not scheduled to be released until the corresponding
functions (accounting, evaluation of admissibility, etc.) is also
developed. It is possible, however, to collect data before developing
the full suite of corresponding functions. The WCO Data Model messages
are already developed and could provide a vehicle for collecting data
not currently collected in advance of the current ACE production
schedule.

***Recommendation 7:** Accelerate implementation of World Customs
Organization Data Model messages (international standard for customs
reporting) in order to:*

-   *Reduce computer processing costs for traders by providing a single
    international format for communicating import and export information
    to governments rather than requiring traders to adjust to each
    country's different reporting and electronic communication
    protocols.*

-   *Allow rapid and accurate exchange of data between authorities to
    facilitate international enforcement cooperation and extend our
    enforcement perimeter beyond our border.*

-   *Collect data not currently electronically collected in advance of
    the current ACE production schedule. Electronic collection alone is
    an immediate benefit and can also spur work to develop "value-added"
    uses of the data.*

    []{#__RefHeading___Toc182381747 .anchor}***Edits and Validations***

Automated "edits" identify errors in data submitted. Error
identification can range from identifying data input (typographical)
errors to checking for arithmetical errors to implementing more
sophisticated algorithms to evaluate eligibility for reduced duty
liability. Prompted in part by an effort to meet production schedules,
CBP is presently evaluating the necessity of incorporating in ACE all
edits currently used in the existing CBP trade processing system. This
evaluation is necessarily fact-specific: some edits are critical to
useful automated processing, while others may be less useful. Agencies
participating in ITDS, however, may evaluate the usefulness of a
particular edit or validation routine differently from CBP. These are
issues that may be of particular concern to the Commerce Department and
the International Trade Commission.

***Recommendation 8:** ITDS Agencies should conduct their own analysis
with regard to edits and validations and provide timely input to the ACE
development team.*

[]{#__RefHeading___Toc182381748 .anchor}***Delivery Schedule***

To date, ACE development has focused on implementing functions required
by CBP. This year, some features to be used by ITDS agencies that were
scheduled to be implemented were not. For example, functions for Census
statistical purposes, Foreign Trade Zone controls, and management of
licenses and permits were not implemented either due to software
problems or other complications. Schedule slips are not unusual in a
large IT project and in these instances the decision to delay
implementation was correct. Nevertheless, to ensure that ITDS interests
and equities are fully represented in the decision process, the ITDS
Board should be represented in the appropriate body or bodies making
decisions regarding the ACE Schedule.

***Recommendation 9:** To ensure that ITDS equities and interests are
represented the ITDS Board should be represented in the ACE decision
making process.*

More information on the status of the entire ACE Project is available in
the ACE Quarterly Reports at:
http://www.cbp.gov/xp/cgov/toolbox/about/modernization/ace/quarterly_reports/

[]{#__RefHeading___Toc182381749 .anchor}**Budget Issues**

There are two sources of funding for ITDS: funding for ITDS development
within ACE (ITDS Project team), and funding that agencies participating
in ITDS must commit to in order to implement automated operations
through ITDS.

[]{#__RefHeading___Toc182381750 .anchor}***Cost Sharing and
Allocation***

Since FY 2002, the ITDS work within ACE has been funded as a distinct
part of the ACE development program. As with any joint agency project,
the question of who pays for what. Costs for delivery of "ITDS
functions" have been allocated and shared based on the following funding
assumptions:

1)  If agency functions are contained within that required by CBP from
    ACE, then those functions are provided to ITDS agencies without cost
    to the ITDS program or to the agency.

2)  If functions are shared by more than one agency, the cost of that
    shared functions will be born by the ITDS project.

3)  The cost of any unique agency function is to be born by the
    agency.[^4] 

![](media/image4.wmf){width="6.627083333333333in"
height="1.9194444444444445in"}

[]{#__RefHeading___Toc182381751 .anchor}***Funding for ITDS Work within
ACE (ITDS Project Team and Shared)***

ITDS funding levels support the work of the ITDS Project team and any
shared function. In addition, while ITDS "requirements" are developed by
the ITDS team and paid for by the ITDS budget; the actual hardware and
software that delivers the "requirement" is built by other ACE teams,
which are to be reimbursed for "shared function " (2^nd^ funding
assumption - above). Additionally, CBP's Cargo Systems Program Office
(the CBP office within the ACE program with responsibility for managing
the ACE and ACE/ITDS programs) is refining the process to estimate the
appropriate ITDS "cost share" for "shared functions" within ACE
development.

***Recommendation 10:** The ITDS Board of Directors should continue to
closely track program expenditures to ensure charges lead directly to
delivery IT capabilities, and that those capabilities are delivered on
schedule.*

[]{#__RefHeading___Toc182381752 .anchor}***Agency Resource
Requirements***

While it is expected that agencies will have to pay for unique
functions, no agency has yet been asked to pay for any unique function.

In addition, individual agencies are now outlining their resource
requirements in their individual ITDS implementation plans. Agencies
should include within their respective budget and staffing plans the
resources that they will need to participate in ITDS. In the early
stages, this is likely to be mostly staff time to analyze and describe
the agency's mission so that ITDS requirements can be identified, and to
handle the tasks of drafting the necessary supporting documents.
Agencies will have to devote additional staff time and perhaps obtain
outside expertise to develop plans for utilizing ITDS functions.
Longstanding agency procedures may need to be reconsidered and modified,
significantly in some instances. Hardware and software to support the
agency's trade related activities may have to be retired or upgraded.
While the costs of ITDS integration for some agencies may be very
modest, and over the long-term agencies may experience cost savings, in
the near-term all agencies should expect to have some incremental costs.

***Recommendation 11:** Agencies participating in ITDS should ensure
their capital planning and investment control processes incorporate
plans for utilizing ITDS.*

**Agency Plans and Status**

> ![](media/image1.png){width="2.3756944444444446in"
> height="1.6319444444444444in"}

**Agency Plans and Status Table of Contents**

[AGENCY PLANS AND STATUS
[27](#__RefHeading___Toc182381753)](#__RefHeading___Toc182381753)

[*Agricultural Marketing Service (AMS) - USDA*
[27](#agricultural-marketing-service-ams---usda)](#agricultural-marketing-service-ams---usda)

[*Animal and Plant Health Inspection Service (APHIS) - USDA*
[29](#__RefHeading___Toc182381755)](#__RefHeading___Toc182381755)

[*Foreign Agricultural Service (FAS) - USDA*
[31](#__RefHeading___Toc182381756)](#__RefHeading___Toc182381756)

[*Food Safety and Inspection Service (FSIS) - USDA*
[32](#__RefHeading___Toc182381757)](#__RefHeading___Toc182381757)

[*Grain Inspection, Packers, and Stockyards Administration (GIPSA) -
USDA* [34](#__RefHeading___Toc182381758)](#__RefHeading___Toc182381758)

[*Bureau of Industry and Security (BIS) - Commerce*
[35](#__RefHeading___Toc182381759)](#__RefHeading___Toc182381759)

[*Census Bureau - Commerce*
[36](#__RefHeading___Toc182381760)](#__RefHeading___Toc182381760)

[*Foreign-Trade Zones Board (FTZB) - Commerce*
[37](#__RefHeading___Toc182381761)](#__RefHeading___Toc182381761)

[*Import Administration (IA) - Commerce*
[38](#__RefHeading___Toc182381762)](#__RefHeading___Toc182381762)

[*National Marine Fisheries Service (NMFS) - Commerce*
[39](#__RefHeading___Toc182381763)](#__RefHeading___Toc182381763)

[*U.S. Army Corps of Engineers (USACE) - Defense*
[40](#__RefHeading___Toc182381764)](#__RefHeading___Toc182381764)

[*Office of Fossil Energy (OFE) - Energy*
[41](#__RefHeading___Toc182381765)](#__RefHeading___Toc182381765)

[*U.S. Fish and Wildlife Service (FWS) - Interior*
[42](#__RefHeading___Toc182381766)](#__RefHeading___Toc182381766)

[*Bureau Alcohol, Tobacco, Firearms, and Explosives (ATF) - Justice*
[43](#__RefHeading___Toc182381767)](#__RefHeading___Toc182381767)

[*Drug Enforcement Administration (DEA) - Justice*
[44](#__RefHeading___Toc182381768)](#__RefHeading___Toc182381768)

[*Bureau of Labor Statistics (BLS) - Labor*
[45](#__RefHeading___Toc182381769)](#__RefHeading___Toc182381769)

[*Centers for Disease Control and Prevention (CDC) - HHS*
[46](#__RefHeading___Toc182381770)](#__RefHeading___Toc182381770)

[*Food and Drug Administration (FDA) - HHS*
[47](#__RefHeading___Toc182381771)](#__RefHeading___Toc182381771)

[*Transportation Security Administration (TSA) - DHS*
[49](#__RefHeading___Toc182381772)](#__RefHeading___Toc182381772)

[*Bureau Oceans and International Environmental and Scientific Affairs
(OES)-State*
[50](#__RefHeading___Toc182381773)](#__RefHeading___Toc182381773)

[*Office of Foreign Missions (OFM) - State*
[51](#__RefHeading___Toc182381774)](#__RefHeading___Toc182381774)

[*Directorate of Defense Trade Controls (DDTC) - State*
[52](#__RefHeading___Toc182381775)](#__RefHeading___Toc182381775)

[*Department of Transportation*
[53](#__RefHeading___Toc182381776)](#__RefHeading___Toc182381776)

[*Bureau of Transportation Statistics (BTS)*
[53](#__RefHeading___Toc182381777)](#__RefHeading___Toc182381777)

[*Federal Aviation Administration (FAA)*
[53](#__RefHeading___Toc182381778)](#__RefHeading___Toc182381778)

[*Federal Highway Administration (FHWA)*
[54](#federal-highway-administration-fhwa)](#federal-highway-administration-fhwa)

[*Maritime Administration (MARAD)*
[54](#__RefHeading___Toc182381780)](#__RefHeading___Toc182381780)

[*National Highway Traffic Safety Administration (NHTSA)*
[55](#__RefHeading___Toc182381781)](#__RefHeading___Toc182381781)

[*Pipeline and Hazardous Materials Safety Administration (PHMSA)*
[55](#pipeline-and-hazardous-materials-safety-administration-phmsa)](#pipeline-and-hazardous-materials-safety-administration-phmsa)

[*Federal Motor Carrier Safety Administration (FMCSA)*
[56](#federal-motor-carrier-safety-administration-fmcsa)](#federal-motor-carrier-safety-administration-fmcsa)

[*Internal Revenue Service (IRS) - Treasury*
[58](#__RefHeading___Toc182381784)](#__RefHeading___Toc182381784)

[*Office of Foreign Assets Control (OFAC) - Treasury*
[59](#__RefHeading___Toc182381785)](#__RefHeading___Toc182381785)

[*Alcohol and Tobacco Tax and Trade Bureau (TTB) - Treasury*
[60](#__RefHeading___Toc182381786)](#__RefHeading___Toc182381786)

[*U.S. Consumer Product Safety Commission (CPSC)*
[61](#__RefHeading___Toc182381787)](#__RefHeading___Toc182381787)

[*Environmental Protection Agency (EPA)*
[62](#environmental-protection-agency-epa)](#environmental-protection-agency-epa)

[*Federal Communications Commission (FCC)*
[63](#__RefHeading___Toc182381789)](#__RefHeading___Toc182381789)

[*Federal Maritime Commission (FMC)*
[64](#__RefHeading___Toc182381790)](#__RefHeading___Toc182381790)

[*International Trade Commission (ITC)*
[65](#international-trade-commission-itc)](#international-trade-commission-itc)

[*Nuclear Regulatory Commission (NRC)*
[66](#__RefHeading___Toc182381792)](#__RefHeading___Toc182381792)

[*Office of the United States Trade Representative (USTR)*
[67](#__RefHeading___Toc182381793)](#__RefHeading___Toc182381793)

[]{#__RefHeading___Toc182381753 .anchor}**AGENCY PLANS AND STATUS**

## Agricultural Marketing Service (AMS) - USDA

**[ITDS Related Mission\
]{.underline}**

The Agricultural Marketing Service (AMS) inspects certain imported fresh
and processed fruits and vegetables, poultry, and tobacco products to
verify that they meet the same quality and condition requirements as
domestic products. Importers of fruits and vegetables that fail to meet
quality and condition requirements are subject to AMS penalties.\
\
Under an MOU with FDA, AMS also inspects certain processed products to
verify that contaminants in foods are within FDA tolerances.\
\
AMS tracks and publishes current information on agricultural imports and
exports by commodity.\
\
AMS assesses fees that CBP collects on imported products that are
covered by Federal research and promotion programs.

**[Planned Data Exchange\
]{.underline}**

Based on current plans, by June 2009 ACE deployment:

-   ACE will notify AMS prior to release of commodities subject to AMS
    inspection in order to allow AMS to schedule inspections.

```{=html}
<!-- -->
```
-   ACE will notify AMS of CBP release of shipments requiring AMS
    inspection, the inspection location chosen by the importer, and
    relevant admissibility decision of other agencies (e.g. FDA, APHIS
    and FSIS determine admissibility before AMS inspects.)

-   AMS will provide inspection results directly from AMS access
    databases and Excel files to ACE via portal batch upload that will
    allow CBP to liquidate the entries.

-   AMS will generate ACE Portal reports on AMS-regulated commodities
    released by CBP to verify that shipments were presented to AMS for
    required inspections.

-   AMS will also use the ACE Portal to obtain information from
    importers (entry summary data) including prices, volume, quality,
    and condition in order to generate data for statistical purposes,
    license dealers, and enforce quality requirements.

-   Importers will use ACE to request exemption from AMS inspection and
    from research and promotion fees. AMS will provide ACE with permit
    information for exempted commodities and notify CBP which shipments
    are exempt from inspection or from research and promotion fees.

**[Status]{.underline}**

AMS currently uses the ACE Portal to collect information on agricultural
imports to determine compliance with AMS inspection requirements. AMS
has 21 people who have access to the ACE Portal

The AMS ConOps has been updated and awaits CBP approval. AMS has drafted
an MOU and met with a CBP attorney to discuss it. Further progress on
the MOU awaits ConOps approval.

[]{#__RefHeading___Toc182381755 .anchor}***Animal and Plant Health
Inspection Service (APHIS) - USDA***

**[ITDS Related Mission]{.underline}**

The Animal and Plant Health Inspection Service (APHIS) regulates the
import and export of animals, plants, or their products. It conducts
pre-clearance, arrival and export inspections, and can quarantine
products. APHIS certifies foreign processing establishments, and
oversees treatments such as fumigation and refrigeration.

APHIS can prohibit entry of animals, plants, or their products that:

-   do not meet health or phytosanitary standards,

-   do not have appropriate import permits from APHIS, or

```{=html}
<!-- -->
```
-   do not have foreign government health or phytosanitary
    certifications.

APHIS establishes policy for and provides guidance to CBP Officers and
CBP Agriculture Specialists in their effort to prevent the entry of
potential threats to American agriculture.

**[Planned Data Exchange]{.underline}**

Currently, APHIS acquires data through direct access to CBP systems and
requests CBP to hold shipments when APHIS determines it appropriate to
do so.\
\
APHIS has developed its "ePermits" system, a web based tool through
which traders may apply (and receive approval) on-line for more than a
dozen APHIS permits, both plant and animal. Permit information is stored
in databases that will provide information to ACE to support decision
making when determining the admissibility of APHIS regulated
commodities.

APHIS plans to use data supplied by carriers (manifest) and importers
(entry/entry summary) from ACE to:

-   select shipments for examination,

-   confirm that import and export permits and certificates are valid,

-   determine admissibility of regulated commodities,

-   monitor collection of user fees,

-   monitor movement of regulated shipments to approved processing
    facilities or to a port of export, and

-   manage risk through research and analysis of the ACE data warehouse.

Many of these functions will be implemented through system-to-system
interfaces between ACE and existing or planned APHIS systems. ACE will
thus provide both real-time information to APHIS and the capability for
APHIS to communicate to CBP border control personnel. APHIS will also
have access to stored information via the ACE Portal.

October 2008 -- APHIS will upload blanket permit information via
system-to-system interfaces. APHIS will have the capability to monitor
payment of Agricultural Quarantine Inspection user fees.

October 2008 -- APHIS will be able to request that suspect shipments be
held on the basis of rail or sea manifest information; it will also
monitor authorized movements of APHIS regulated commodities.

June 2009 -- Aphis will use ACE to identify and monitor:

-   imports that are regulated by APHIS,

-   imports that originate from restricted countries, and

-   expired or otherwise improperly used import permits.

July 2010 -- APHIS will access export information to monitor regulatory
compliance with export shipment requirements.

**[Status]{.underline}**

APHIS has completed and submitted to CBP its Concept of Operations and a
Memorandum of Understanding between APHIS and CBP is being drafted.
APHIS has 55 people who have access to entry/entry summary data through
the ACE Portal reporting capabilities.

[]{#__RefHeading___Toc182381756 .anchor}***Foreign Agricultural Service
(FAS) - USDA***

**[ITDS Related Mission]{.underline}**

The Foreign Agricultural Service (FAS) administers Tariff Rate Quotas
(TRQ) for sugar and dairy imports. FAS issues import licenses for sugar
and dairy products. The dairy licenses are processed electronically
through FAS's Dairy Accelerated Importer Retrieval and Information
Exchange System (DAIRIES) and the sugar licenses through the Sugar Users
Group Accounting and Reporting System (SUGARS). Sugar tariff-rate quota
entries are processed via paper forms. FAS administers HTS General Note
15 letters of waiver from agricultural import quotas, an export sales
reporting program for certain agricultural commodities, and economic
safeguards for imports of agricultural products.

FAS currently has access to ACS to edit TRQ data.

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

The FAS joined ITDS in May 2007.

[]{#__RefHeading___Toc182381757 .anchor}***Food Safety and Inspection
Service (FSIS) - USDA***

**[ITDS Related Mission]{.underline}**

The Food Safety and Inspection Service (FSIS) regulates the import and
export of meat, poultry, and egg products, performing four primary
functions that affect international trade:

1.  Determines equivalence of foreign food safety and inspection
    programs as a condition of eligibility to export meat, poultry, and
    egg products to the United States, which includes acceptance of the
    foreign governments' certification for foreign establishments that
    comply with U.S. requirements,

2.  Performs periodic audits of eligible foreign inspection systems,

3.  Inspects imported meat, poultry, and egg products at U.S. ports of
    entry, and

4.  Certifies U.S. meat, poultry, and egg products for export from the
    United States.

**[Planned Data Exchange]{.underline}**

Based on current plans, by June 2009, ACE will provide real-time data
and establish the ability for FSIS to communicate effectively and
efficiently with CBP and other regulatory agencies to ensure adequate
control of shipments. Specifically, ACE will:

-   Provide FSIS electronic prior notification of arriving shipments of
    imported meat, poultry, and egg products,

-   Provide FSIS online access to Customs entry data for arriving
    shipments in order to verify that shipments are presented for FSIS
    reinspection immediately after clearing the Customs entry process,

-   Automate verification of entries with APHIS and FSIS inspection
    decisions so that CBP does not release any shipments from bond
    without first verifying the completion of required regulatory
    inspections, and

-   Establish a regulatory chain of custody to ensure that shipments are
    routed to the appropriate regulatory agencies for inspection to
    ensure all sequential regulatory clearances prior to release of
    product.

On an interim basis, FSIS will continue to use the ACE Portal (entry
summary data) to monitor shipments under its jurisdiction.

**[Status]{.underline}**

FSIS relies on access to ACE Portal reports to determine:

-   Whether shipments subject to FSIS jurisdiction have entered from
    ineligible countries or establishments

-   Ports-of-entry of noncompliant shipments

-   Importer of Record and Consignee for noncompliant shipments

-   Detention action taken by FSIS or redelivery actions taken by CBP

As a result of ACE Portal access, the amount of ineligible product
detected, detained, and either removed from commerce or returned to FSIS
for reinspection increased from 36,000 to 1.6 million pounds between FY
2005 and FY 2006.

During the first 8 months of FY 2007, FSIS has removed almost 2.0
million pounds of ineligible products from commerce.

The FSIS ConOps is being updated after review by CBP's Office of Trade
and Office of Field Operations. FSIS has drafted an MOU and met with a
CBP attorney to discuss it. Further progress on the MOU awaits CBP
ConOps approval.

FSIS has 37 staff members with access to the ACE Portal.

[]{#__RefHeading___Toc182381758 .anchor}***Grain Inspection, Packers,
and Stockyards Administration (GIPSA) - USDA***

**[ITDS Related Mission]{.underline}**

The Grain Inspection, Packers, and Stockyards Administration (GIPSA)
inspects grain exports.

GIPSA requires grain exporters to register with them. Exporters may
register online or fill out a paper form and mail it to GIPSA.

GIPSA (or entity authorized by GIPSA) inspects grain exports at the port
and issues post-inspection certificates to the exporters.

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

GIPSA joined ITDS in June 2007.

[]{#__RefHeading___Toc182381759 .anchor}***Bureau of Industry and
Security (BIS) - Commerce***

**[ITDS Related Mission]{.underline}**

The Bureau of Industry and Security (BIS) regulates the export of
sensitive goods and technologies, especially "dual use" items (goods
that have both military and commercial application).

BIS maintains the Export Control Classification Numbers (ECCN) on the
Commerce Control List (CCL). This number helps exporters understand
whether their exports require licensing.

BIS issues export licenses (valid for 2 years) for select items on the
CCL.

Exporters apply for a license using either the BIS online system
(Simplified Network Application Process Redesign (SNAP-R)) or a paper
form (BIS 748P).

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

The BIS joined ITDS in May 2007.

[]{#__RefHeading___Toc182381760 .anchor}***Census Bureau - Commerce***

**[ITDS Related Mission]{.underline}**

The Census Bureau collects merchandise import and export data from
various sources in order to compile the official U.S. merchandise trade
statistics. The data are used for research and planning, economic
analysis, analysis of trade and transportation flows and trends, and
transportation infrastructure planning, as well as for assessing the
effectiveness of U.S. trade policies and agreements. The Census Bureau
also currently maintains the algorithms that "validate" data in the
Automated Export System (AES) and the Automated Broker Interface (ABI)
to ensure that the data are accurate and complete and will continue to
perform this function after the transition to ACE. For example, the
Census Bureau will check to ensure that reported information is
reasonable (for example, by confirming that prices are within reasonable
ranges).

**[Planned Data Exchange]{.underline}**

The Census Bureau will have access to data filed by importers
(entry/entry summary data), exporters (AES data), carriers (manifest
data), and data on admissions to Foreign Trade Zones, all of which it
will use to compile foreign trade statistics. The Census Bureau will
maintain automated data validations in ACE. The Census Bureau will have
a system-to-system interface for sending and receiving large data and
reference files. The Census Bureau will also use ACE to create
customized reports.

October 2007 (originally scheduled) -- The Census Bureau will supply
validation parameters for the Harmonized Tariff Schedule through ACE.
The Census Bureau will also be able to create customized reports
essential to its statistical mission.

October 2008 -- Importers will have the ability to proactively provide
override codes to prevent or respond to Census Bureau entry summary
warnings. ACE will implement Census Bureau validations for entry summary
filings. ACE will implement Census Bureau validations for Foreign Trade
Zone admission filings.

June 2009 -- The Census Bureau will have access to manifest and entry
data for research and analysis.

July 2010 -- Because the Census Bureau is the agency with primary
authority to collect much of the export data collected, it will play a
critical role in shaping requirements for the export module of ACE.

**[Status]{.underline}**

-   Revised Census Bureau Concept of Operations sent to CBP for review.

-   The current Census Bureau MOU is sufficient for implementing the
    Census Bureau's validation parameters (August 2007), but amendments
    to the existing MOU may be required to address security
    requirements.

-   The Census Bureau has 44 staff with access to the ACE Portal.

-   The Census Bureau currently uses ACE to run reports on the imports
    of specific commodities.

    []{#__RefHeading___Toc182381761 .anchor}***Foreign-Trade Zones Board
    (FTZB) - Commerce***

**[ITDS Related Mission]{.underline}**

The Foreign-Trade Zones Board (FTZB) licenses, regulates, and monitors
the activity of foreign-trade zones (FTZ) in the United States. FTZs are
designated sites authorized under the Foreign Trade Zone Act where
certain customs procedures apply which may result in avoidance,
deferral, or reduction of duties. The FTZ Board must approve a zone
before CBP activates a zone (i.e., permits FTZ procedures).

The FTZ Board will monitor zone activity and also must report to
Congress annually on zone operations. CBP enforces the provisions of the
FTZ Act.

**[Planned Data Exchange]{.underline}**

The FTZ Board will maintain in ACE, using the ACE Portal, files on zones
including name, zone number, associated CBP port details about the site,
details about permitted activities in the zone, date of FTZ Board
approval, and information about zone grantees. CBP officers will access
this information through the ACE Portal and will then be able to
activate a zone, subzone, or site through ACE. Some of this information
will also be available (through the ACE Portal) to members of the trade
community and other government agencies. Key fields of these data such
as the zone number will be used in ACE to corroborate data reported in
various electronic customs transactions.

FTZ Board staff will also use the ACE Portal to monitor zone activity to
compile reports that will include data on zone admissions, entries from
zones, exportations from zones, and in-transit movements.

**[Status]{.underline}**

The FTZ Board Concept of Operations has been agreed to by CBP. The FTZ
Board and CBP are discussing a draft MOU. FTZ Board has been involved in
the design, development, and testing of the ACE Portal, which FTZ Board
staff use to manage the FTZ information on they will maintain in ACE.
FTZ Board has two staff members with access to the ACE Portal.

September 2007 -- FTZ Board began entering zone, subzone, and site
account information via the ACE Portal for CBP and the business
community to use as a reference. This information will also be used for
future validation of zone numbers reported in transactions.

October 2008 -- FTZ Board will be able to monitor entry summary
information filed for merchandise moving into U.S. consumption from an
FTZ in order to monitor zone activity.

October 2008 -- FTZ Board will have access to zone admission data to
monitor zone activity.

[]{#__RefHeading___Toc182381762 .anchor}***Import Administration (IA) -
Commerce***

**[ITDS Related Mission]{.underline}**

The Import Administration (IA) administers laws involving antidumping
and countervailing duties (AD/CVD). As part of this responsibility, IA
sets AD/CVD duty rates and provides CBP with liquidation instructions on
entries subject to AD/CVD.

IA also develops and implements other trade programs including
sector-specific agreements and programs. IA sets absolute and tariff
rate quotas as part of the Textiles and Apparel Program.

**[Planned Data Exchange]{.underline}**

IA will continue to provide instructions to CBP regarding duty rates and
liquidation instructions related to AD/CVD cases. IA will maintain a
database in ACE of AD/CVD duty rates by country, manufacturer, and
product. IA will also maintain tables of licenses for specific
transactions in ACE. ACE will allow CBP to refer AD/CVD protests to IA
for a decision. IA anticipates that it will need to extract large
volumes of data (particularly entry summary data) from ACE on occasion;
the specific means for receiving the data have not been determined.

August 2007 (originally scheduled) -- IA will use the ACE Portal to
obtain name and address information about importers and other parties to
transactions, including foreign manufacturers.

October 2008 -- IA will use the ACE Portal to maintain a database of
AD/CVD duties, reduced tariff programs, and tariff rate quotas. IA will
have access to entry summary transaction information for research and
analysis. IA will have access to rail and sea manifests, FTZ admissions,
and in-bond shipment data through the ACE Portal.

June 2009 -- IA will use ACE to maintain IA licenses and certificates.
ACE will use these licenses and certificates to make admissibility
determinations.

**[Status]{.underline}**

The IA CONOPS draft is currently being reviewed by CBP. The current MOU
with CBP is being evaluated to determine if it is sufficient to cover
operations with ITDS. Fourteen IA staff members have access to the ACE
Portal.

[]{#__RefHeading___Toc182381763 .anchor}***National Marine Fisheries
Service (NMFS) - Commerce***

**[ITDS Related Mission]{.underline}**

The National Marine Fisheries Service (NMFS) regulates the importation
and exportation of certain fish such as swordfish, tooth fish, and tuna
in order to promote the management, conservation and protection of
marine resources.

NMFS uses information on imports to identify illegal importations or
exportations of fish, and to assist in its investigations of illegal
fishing or related violations.

**[Planned Data Exchange]{.underline}**

NMFS will access data, through the ACE Portal, related to the
importation and exportation of the products it regulates. NMFS plans to
provide ACE with data related to the import and export permits that the
agency issues and to the fishery commodities that the agency monitors.
CBP will use these data to ensure that importers and exporters are
importing or exporting these products only as permitted by law or
regulation, and to help NMFS determine if shipments require further
inspection or other actions.

NMFS currently uses the ACE Portal to research import information to
identify instances of illegal importations, and to verify that reports
on imports and exports of regulated fishery commodities have been
properly filed.

**[Status]{.underline}**

NMFS has been participating in ACE development since February 2006. The
agency's international trade-related business processes, either as they
exist today or as they will exist under ACE, have not yet been
identified and documented for ACE development.

NMFS has 15 staff with access to the ACE Portal.

[]{#__RefHeading___Toc182381764 .anchor}***U.S. Army Corps of Engineers
(USACE) - Defense***

**[ITDS Related Mission]{.underline}**

The U.S. Army Corps of Engineers (USACE) maintains databases and
statistics pertaining to waterborne commodity and vessel movements and
domestic commercial vessel characteristics, which it uses for
determining the need for building, improving, or rehabilitating port and
waterway facilities, lock facilities, lock operations, and navigation
dredging projects.

**[Planned Data Exchange]{.underline}**

Based on current plans, ACE will:

-   Provide the Corps of Engineers with a monthly Harbor Maintenance Fee
    Report, displaying aggregate totals of the HMF fees collected sorted
    and summarized by port, vessel type, and commodity. The Corps of
    Engineers will maintain the Schedule "K" (Foreign Port Codes) and
    the "Classification of Ships by Type" code tables in ACE.

-   Allow the Corps of Engineers the ability to use the ACE Portal to
    obtain product and commodity information reported from importers
    that identifies which commodities are shipped on which vessels to
    which ports.

-   Provide a correlated entry summary, manifest, and vessel entrance
    data report, by correlating various ACE vessel entrance and
    clearance data into one record per vessel movement or cargo
    shipment.

-   Provide the Corps of Engineers with carrier contact information
    through the ACE Portal (already available).

**[Status]{.underline}**

The Corps of Engineers ConOps received final CBP approval in February
2007. No Corps of Engineers staff has taken portal training.

October 2008 -- Harbor Maintenance Fee Reports will be available via the
ACE Portal; the Corps of Engineers will receive information reported by
carriers on incoming vessels and trains (manifest reports) as well as
carrier entrances and clearances.

June 2009 -- The Corps of Engineers will obtain data through the ACE
Portal on shipments filed by importers (entry/entry summary data)
correlated with manifest information filed by carriers.

July 2010 -- The Corps of Engineers will receive outbound vessel
manifest information through ACE.

[]{#__RefHeading___Toc182381765 .anchor}***Office of Fossil Energy
(OFE) - Energy***

**[ITDS Related Mission]{.underline}**

The Department of Energy's Office of Fossil Energy (OFE) regulates
Natural Gas imports and exports. OFE issues "blanket" authorizations of
up to two years and long-term authorizations greater than 2 years to
import and export natural gas. There is no standard application form;
OFE provides guidelines on how to write the application

Applicants may apply for blanket authorization online on OFE's website.
Longer applications must be mailed to OFE.

Authorized importers and exporters are required to send a quarterly
report to OFE of all their natural gas imports and exports.

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

OFE joined ITDS in August 2007.

[]{#__RefHeading___Toc182381766 .anchor}***U.S. Fish and Wildlife
Service (FWS) - Interior***

**[ITDS Related Mission]{.underline}**

The U.S. Fish and Wildlife Service (FWS) determines the admissibility
and controls the export of most wildlife and wildlife products.

To perform these functions, FWS:

-   Issues licenses and permits to import or export wildlife and
    wildlife products, and

-   Stations wildlife inspectors at U.S. port locations to inspect
    wildlife and wildlife products to ensure they are properly
    documented and to prevent the illegal import or export of wildlife.

**[Planned Data Exchange\
]{.underline}**

Based on current plans, by June 2009 ACE deployment, FWS will:

-   Download to ACE data on approved permits and licenses for ACE to
    verify entries requiring the permits or licenses for admissibility.

-   Use an ACE system-to-system interface to receive the FWS data and
    related images for a "Declaration for the Importation or Exportation
    of Fish or Wildlife" entry and manifest information.

-   Notify CBP of FWS decisions to admit or deny entry, since FWS must
    complete its admissibility decision before CBP processes the
    shipment.

-   Use the ACE Portal to view and place holds on shipments arriving via
    rail and sea while FWS is investigating and to remove the hold upon
    completion of the investigation.

-   Use the ACE Portal to track all movements of cargo under CBP
    control, including cargo in an FTZ, customs bonded warehouse, or
    in-transit.

FWS also plans to use the ACE Portal for remote clearing of shipments
and to produce reports on shipments cleared.\
\
**[Status]{.underline}**

The FWS ConOps is being revised and updated. Progress on the MOU awaits
CBP ConOps approval.

[]{#__RefHeading___Toc182381767 .anchor}***Bureau Alcohol, Tobacco,
Firearms, and Explosives (ATF) - Justice***

**[ITDS Related Mission]{.underline}**

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) regulates
the importation and exportation of arms, ammunition, implements of war,
destructive devices, and explosives. ATF requires importers and
exporters of these products to have permits and requires individual
import and export shipments to be licensed. ATF conducts investigations
into crimes involving the import or export of firearms, explosives,
alcohol, and tobacco.

**[Planned Data Exchange]{.underline}**

ATF plans to automate its paper-intensive license and registration
process for importation and exportation of firearms and explosives and
will use ACE in these processes.

ATF will utilize ACE functionality to request CBP to place holds on
import shipments. ACE will identify shipments which require permits and
for which the importer or exporter must be licensed and report to ATF.
ATF will use these data to update files in its own system and to track
use of permits. ATF will also maintain tables in ACE with the same
updated information.

**[Status]{.underline}**

The ATF Concept of Operations was revised in January 2007 and is being
reviewed by CBP. ATF drafted an MOU and submitted it to CBP in August
2006. CBP agreement to the MOU is pending.

ATF has 25 staff members with access to the ACE Portal. They use the ACE
Portal to determine when licensee/permittees have imported firearms or
explosives. These data are used to help ensure that licensees/permittees
are properly accounting for the imported products.

[]{#__RefHeading___Toc182381768 .anchor}***Drug Enforcement
Administration (DEA) - Justice***

**[ITDS Related Mission]{.underline}**

The Drug Enforcement Administration (DEA) regulates the import and
export of controlled substances and listed chemicals that may be used to
manufacture controlled substances.

The DEA issues import and export permits for certain controlled
substances and monitors those movements. The DEA also establishes and
monitors import quotas for Ephedrine, Pseudoephedrine, and
Phenylpropanolamine.

CBP and DEA share information related to drug smuggling and trafficking,
including information related to verification of DEA permits.

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

The DEA joined ITDS in February 2007.

[]{#__RefHeading___Toc182381769 .anchor}***Bureau of Labor Statistics
(BLS) - Labor**\
*

**[ITDS Related Mission]{.underline}**

The Bureau of Labor Statistics (BLS) compiles and publishes statistics
and price indices on internationally-traded goods and services to users
that include the U.S. Congress, international statistical organizations,
Federal agencies, and the public. BLS import and export price indices
are used to adjust import and export trade values for inflation. BLS
obtains entry summary data and importer names and addresses from CBP to
compile import and export price indices for goods and services.\
\
**[Planned Data Exchange]{.underline}**

BLS plans to use the ACE Portal to access name and address information
on importers and exporters, entry summary information, and exporter
transaction information. In addition, the BLS will use the ACE Portal to
access data on Foreign Trade Zone (FTZ) admission and warehouse
withdrawal data.\
\
**[Status\
\
]{.underline}**The BLS Concept of Operations was approved by BLS and CBP
in October 2006. A draft MOU was submitted to the CBP Office of Rules
and Regulations (OR&R) in March 2007 and is awaiting approval.

BLS has four staff members with access to the ACE Portal.

[]{#__RefHeading___Toc182381770 .anchor}***Centers for Disease Control
and Prevention (CDC) - HHS***

**[ITDS Related Mission]{.underline}**

The Centers for Disease Control and Prevention (CDC) regulates imports
that can potentially cause disease in humans or animals.

CDC requires import permits for etiologic (disease-causing) agents,
biological materials, and certain animals.

Importers are required to register with CDC prior to requesting a permit
to import such products.

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

CDC joined ITDS in June 2007.

[]{#__RefHeading___Toc182381771 .anchor}***Food and Drug Administration
(FDA) - HHS***

**[ITDS Related Mission]{.underline}**

The Food and Drug Administration (FDA) authorities encompass importation
of food, drugs, cosmetics, devices, biologics, and radiation-emitting
products.

-   The FDA requires registration of foreign food and drug processing
    facilities and foreign medical device manufacturers

-   The FDA requires permits, licenses, and/or certifications for the
    import of certain commodities over which it has jurisdiction.

-   The FDA requires that importers of all FDA-regulated products file
    an FDA notice of entry with CBP for screening and subsequent
    processing on the FDA OASIS system.

-   Importers of merchandise subject to the Bio-Terrorism Act must file
    a notice with the FDA prior to importation.

-   Regulated commodities are also subject to examination by the FDA to
    ensure compliance with FDA regulations.

**[Planned Data Exchange]{.underline}**

There is currently a direct interface between the FDA's OASIS system and
CBP's ACS system. All current interface functionality will be
transferred from ACS to ACE. The FDA currently uses both ACS and ACE to
screen and target shipments of regulated commodities arriving in the
United States by truck.

Based on current plans, by June 2009, the FDA will use ACE to:

-   Receive FDA prior notice data, entry data, and FDA registration and
    permit data (functionality currently existing in ACS);

-   Identify imports of commodities under FDA jurisdiction;

-   Transmit admissibility decisions via OASIS through ACE to
    appropriate CBP officials;

-   Screen shipments for potential Bioterrorism Act violations;

-   Review information related to regulated imports to make decisions on
    whether to inspect or take enforcement actions.

It is projected that FDA will use ACE to monitor export shipments for
compliance by mid-2010.

**[Status]{.underline}**

The FDA has completed its Concept of Operations and submitted it to CBP
for review. The FDA and CBP have initiated discussion regarding an MOU
for ACE. The FDA has one staff member with access to the ACE Portal.

April 2005 -- FDA release for truck was implemented and rolled out with
the truck e-manifest.

August 2007 (originally scheduled) -- The FDA will have access to the
ACE Portal to access additional account and reference data.

October 2008 -- The FDA will have access to FTZ admission and in-bond
shipment data to ensure prior notice requirements have been met.

June 2009 -- The FDA will use ACE to receive FDA prior notice data,
entry data, and FDA license/permit/registration/certification data to
determine FDA jurisdiction, make admissibility determinations, screen
shipments under the BTA, identify shipments to examine, and record
dispositions related to the shipment.

July 2010 -- The FDA will have access to export transaction information
to monitor export shipment compliance with FDA export-related
regulations.

[]{#__RefHeading___Toc182381772 .anchor}***Transportation Security
Administration (TSA) - DHS***

**[Border Mission]{.underline}**

The Transportation Security Administration (TSA) is responsible for
security relating to civil aviation, maritime, and all other modes of
transportation, including transportation facilities such as airports and
ports, and on the nation's railroads, highways, and public transit
systems.

Along with CBP and the U.S. Coast Guard, TSA works to secure the
maritime transportation mode of the transportation system. TSA's
Maritime Security Division is involved in credentialing as well as
passenger and vehicle screening techniques and procedures.

**[Planned Data Exchange and Status]{.underline}**

A plan for data exchange has not been developed.

[]{#__RefHeading___Toc182381773 .anchor}***Bureau of Oceans and
International Environmental and Scientific Affairs (OES) - State\
***

**[ITDS Related Mission]{.underline}**

The State Department's Office of Marine Conservation (OMC) focuses on
international fisheries matters and related problems. OMC is part of the
Oceans and Fisheries Directorate, which is part of the Bureau of Oceans
and International Environmental and Scientific Affairs (OES).

There is a prohibition on the importation of shrimp harvested in ways
harmful to sea turtles unless the DOS certifies that the harvesting
nation either has a sea turtle protection program comparable to that of
the U.S. or has a fishing environment that does not pose a threat to sea
turtles. The DOS is the principal implementing agency for this law, and
NOAA Fisheries serves as technical advisor.

OMC provides a list of certified shrimp importers to CBP and Capitol
Hill yearly.

If an importer is not on the certified list, CBP may ask to see Form
DS-2031, which provides for a foreign government official with direct
knowledge of harvesting techniques to certify that the specific shipment
meets sea turtle conservation requirements.

**[Planned Data Exchange and Status]{.underline}**

The OES has not yet joined ITDS.

[]{#__RefHeading___Toc182381774 .anchor}***Office of Foreign Missions
(OFM) - State***

**[ITDS Related Mission]{.underline}**

The Office of Foreign Missions (OFM) authorizes duty-free treatment for
shipments consigned to foreign missions, international organizations and
their members. All shipments to foreign diplomats and missions must be
cleared using the diplomatic customs clearance procedure, currently via
Department of State entry form DS-1504 (Request for Customs Clearance
and Merchandise).

**[Planned Data Exchange]{.underline}**

OFM is currently automating its paper-intensive certification process
for shipments imported by the diplomatic community. OFM plans to
integrate its planned system with ACE to achieve a paperless
certification and CBP release process. OFM will view manifests, Foreign
Trade Zone (FTZ) admissions, and CBP Bonded Warehouse entries and
withdrawals through the ACE Portal.

**[Status]{.underline}**

OFM joined ITDS in June 2006 and is currently in the initial stages of
developing a Concept of Operations.

OFM has nine staff members with access to the ACE Portal. OFM currently
uses ACE to identify diplomatic shipments that have not entered using
the diplomatic customs clearance procedure.

[]{#__RefHeading___Toc182381775 .anchor}***Directorate of Defense Trade
Controls (DDTC) - State***

**[ITDS Related Mission]{.underline}**

The Directorate of Defense Trade Controls (DDTC) is part of the Bureau
of Political Military Affairs (PMA) in the Department of State.

DDTC is charged with controlling the export and temporary import of
defense articles and defense services covered by the United States
Munitions List. It licenses exports of defense articles and services.

DDTC works closely with CBP in the review of defense industry
registrations and in the areas of the performance of defense export
end-use checks, investigations, and civil penalties.

**[Planned Data Exchange]{.underline}**

A plan for data exchange has not been developed.

**[Status]{.underline}**

The DDTC has not yet joined as an ITDS participant.

[]{#__RefHeading___Toc182381776 .anchor}***Department of
Transportation***

***International Freight Data System (IFDS)***

Seven Department of Transportation (DOT) agencies will obtain data
collected by CBP through a system-to-system interface between ACE and
DOT's planned International Freight Data System. The Research and
Innovative Technology Administration is the primary agency engaged in
creating and managing IFDS. The agencies that will use IFDS to access
data collected through ACE are:

-   Bureau of Transportation Statistics (BTS)

-   Federal Aviation Administration (FAA)

-   Maritime Administration (MARAD)

-   National Highway Traffic Safety Administration (NHTSA)

-   Federal Highway Administration (FHWA)

-   Pipeline and Hazardous Materials Safety Administration

-   Federal Motor Carriers Safety Administration

Initial design work on IFDS began in 2006 and formal design will begin
later this calendar year. IFDS is scheduled to be deployed in
coordination with ACE Release M2.3 currently set for late 2009 or early
2010. The DOT estimates that IFDS will cost \$1 million to build,
design, test, and deploy.

DOT has drafted a Concept of Operations paper. CBP has requested more
information.

[]{#__RefHeading___Toc182381777 .anchor}***Bureau of Transportation
Statistics (BTS)***

**[ITDS Related Mission]{.underline}**

The BTA, within the Research and Innovative Technology Administration
(RITA) of DOT, collects, compiles, and publishes comprehensive monthly
and annual transportation statistics covering all modes of
transportation. BTS performs research and prepares statistics and
reports on the volume and geography of international trade on the
Nation's transportation systems.

**[Planned Data Exchange]{.underline}**

BTS currently receives import and export summary data from the Bureau of
the Census on a monthly basis and border crossing data from CBP on a
periodic basis. BTS plans to use transaction data downloaded from ACE
into IFDS, including entry/entry summary reports from importers,
manifest reports from carriers and name and address information for
carriers from ACE carrier account files. This information can be sorted
by the location where the shipment was loaded on the conveyance that
arrives in the United States, port of arrival, location of consignee,
and conveyance.

**[Status]{.underline}**

BTS has two staff members with access to the ACE Portal.

[]{#__RefHeading___Toc182381778 .anchor}***Federal Aviation
Administration (FAA)***

**[ITDS Related Mission]{.underline}**

The FAA enforces regulations governing the transportation of hazardous
materials by air.

**[Planned Data Exchange]{.underline}**

FAA has an interest in obtaining data about hazardous material shipments
supplied by carriers (air manifest data) and supplied by importers
(entry/entry summary data). FAA could use this information to analyze
international hazardous materials transportation flows and to enhance
the effectiveness of their existing enforcement programs. Exact details
of this data have not been specified.

**[Status]{.underline}**

FAA has no one with ACE Portal access.

### *Federal Highway Administration (FHWA)*

**[ITDS Related Mission]{.underline}**

The FHWA conducts research on international commodity flows and related
freight transportation activities, develops analytical tools, including
freight models, to measure the transportation system and examine the
relationship between freight transportation improvements and the U.S.
economy.\
\
**[Planned Data Exchange]{.underline}**

FHWA will access entry/entry summary and manifest data through the DOT
International Freight Data System to analyze cargo and conveyance
movements in order to better allocate resources among states.\
\
**[Status]{.underline}**

FHWA has no plans to use the ACE Portal.

[]{#__RefHeading___Toc182381780 .anchor}***Maritime Administration
(MARAD)***

**[ITDS Related Mission]{.underline}**

The MARAD ensures that certain percentages of U.S. Government cargo are
transported on U.S. flag commercial vessels. To do this, MARAD collects
and analyzes information from the Customs and Border Protection (CBP)
Vessel Management System (VMS), bills of lading collected from carriers
and the Department of Defense, USDA, and USAID, and receives export data
electronically from the Bureau of the Census. MARAD also investigates
and keeps records of cargo and vessel movement data.

**[Planned Data Exchange]{.underline}**

MARAD will use IFDS to access linked import and export cargo shipment
data, manifest data, and conveyance information.

**[Status]{.underline}**

MARAD has one staff member with access to the ACE Portal.

[]{#__RefHeading___Toc182381781 .anchor}***National Highway Traffic
Safety Administration (NHTSA)***

**[ITDS Related Mission]{.underline}**

The NHTSA ensures that imported vehicles comply with Federal motor
vehicle safety standards (FMVSS). NHTSA currently requires an "HS-7
Declaration" for each importation of motor vehicles and motor vehicle
equipment, (which currently can be filed electronically in the existing
CBP system, the Automated Commercial System, and is provided to NHTSA
via a system-to-system interface). NHTSA also licenses importers to
bring non-conforming vehicles into conformance with the FMVSS. NHTSA
also requires importers of non-conforming vehicles to secure a specific
bond (separate from the general obligation importer's bond) to ensure
that the vehicle is brought into conformity.

**[Planned Data Exchange]{.underline}**

NHTSA will maintain a file in ACE, using the ACE Portal, of persons and
businesses licensed to import non-conforming vehicles.

NHTSA will use IFDS to monitor "HS-7" and other data filed by importers
of vehicles (entry/entry summary data). CBP currently provides
entry/entry summary transactional information to NHTSA's Motor Vehicle
Importation Information (MVII) database on a daily basis through a
system-to system interface. It is planned that the IFDS will feed data
to the MVII when fully functional.

**[Status]{.underline}**

CBP and NHTSA have an existing Memorandum of Understanding (MOU) that
allows CBP to act on NHTSA's behalf with regard to the "HS-7"
requirements.

NHTSA has one staff member who has received training for the ACE Portal.

### *Pipeline and Hazardous Materials Safety Administration (PHMSA)*

**[ITDS Related Mission]{.underline}**

The PHMSA formulates and issues Federal rules for international
hazardous material shipments covering:

-   definitions and classifications,

-   shipper and carrier operations, and

-   packaging and container specifications.\
    \
    It is the task of PHMSA\'s inspection and enforcement staff to
    determine compliance with safety and training standards by
    inspecting entities that offer hazardous materials for
    transportation; and that manufacture, requalify, rebuild, repair,
    recondition, or retest packaging (other than cargo tanks and tank
    cars) used to transport hazardous materials. PHMSA focuses its
    enforcement efforts on packaging manufacturers and multimodal
    shippers of hazardous materials. PHMSA requires individuals who
    transport or offer for transportation certain types or quantities of
    hazardous materials to register annually with DOT.\
    \
    PHMSA will also use data reported through ACE/ITDS to develop models
    to help make transport of hazardous materials safer.

**[Planned Data Exchange]{.underline}**

PHMSA will access entry/entry summary and manifest data through the DOT
International Freight Data System.

**[Status]{.underline}**

PHMSA joined ITDS in August 2007.

### *Federal Motor Carrier Safety Administration (FMCSA)*

**[ITDS Related Mission Using IFDS]{.underline}**

The FMCSA will access data through IFDS to analyze the flow of
international truck freight across the nation, in order to improve
staffing and related enforcement activities at the U.S. borders, and
inform the allocation of Federal resources to state motor carrier safety
partners.

**[Planned Data Exchange]{.underline}**

FMCSA will access entry/entry summary and manifest data through the DOT
International Freight Data System to analyze cargo and conveyance
movements and to better allocate resources among states.

**[Status]{.underline}**

At this time, FMCSA has no one with ACE Portal access.\
\
**[ITDS Related Mission Using Query Central]{.underline}**

FMCSA will also have a direct interface with ACE for screening trucks
entering the United States.

FMCSA enforces safety standards for commercial motor vehicles entering
the United States. Under the ITDS program, FMCSA will receive
information about commercial motor vehicles and drivers reported in
manifest declarations that are electronically submitted to CBP by
carriers or their agents in advance of cargo arriving at the border.
FMCSA will use this advance information to identify vehicle and driver
safety compliance issues and determine whether an inspection is
required. The FMCSA screening results will also be transmitted, via ACE,
to carriers to provide an opportunity to correct problems before arrival
at the border. Vehicle and driver inspections may be performed by either
FMCSA inspectors or by state authorities.

**[Planned Data Exchange]{.underline}**

When an electronic truck manifest is validated by CBP, information
related to commercial motor vehicle and driver entering the United
States will automatically be transmitted via a secure Virtual Private
Network connection over the internet to the FMCSA system, Query Central.
Query Central will use the data to verify the operating authority,
insurance, Commercial Drivers License, Hazardous Materials endorsement,
and vehicle safety score. The screening results will be transmitted back
to CBP and the carriers or their agents within approximately eight
seconds of manifest submission.

Under the ITDS program, FMCSA and CBP are developing an interface
between the FMCSA data system, Query Central, and ACE, to allow the
pre-screening of commercial motor carriers and their drivers and
equipment prior to their arrival at U.S. border ports of entry. FMCSA
will receive information about commercial motor carriers, vehicles, and
drivers reported in manifest declarations that are electronically
submitted by carriers or their agents in advance of cargo arriving at
the border. FMCSA will use this advance information to identify
potential vehicle and driver safety compliance issues and determine
whether an inspection is required. The FMCSA screening results will be
transmitted, via ACE, back to the carriers or their agents to provide
the carrier an opportunity to correct problems before arrival at the
border. Vehicle and driver inspections may be performed by either FMCSA
inspectors or by state authorities.

**[Status]{.underline}**

The interface between CBP and FMCSA is currently being tested with
actual carrier data. The purpose of this test is to analyze the volume
of screening issues and system screening performance.

Over the next two years, various functions will be phased in. The first
phase, which was targeted for deployment nationwide in September 2007,
includes FMCSA screening of manifest information as well as notification
to carriers or their agents of FMCSA-related issues. FMCSA will develop
an enforcement strategy to address safety compliance issues identified
by this data exchange. With the second phase, FMCSA-related manifest
issues will display a warning for CBP officers to refer the vehicle in
question to an FMCSA inspection facility located outside the CBP
compound. The third phase will be deployed at ports where FMCSA is
operating within the CBP compound, and will require FMCSA issues to be
closed prior to the vehicle exiting the port. With the deployment of the
fourth and final phase, critical FMCSA issues will result in CBP
rejection of the manifest.

[]{#__RefHeading___Toc182381784 .anchor}***Internal Revenue Service
(IRS) - Treasury***

**[ITDS Related Mission]{.underline}**

The Internal Revenue Service (IRS) collects excise taxes on certain
imports and on foreign trucks subject to the Heavy Highway Vehicle Use
(HHVU) tax. The IRS monitors information reported by importers (entry
summary) to ensure payment of excise taxes on goods.

**[Planned Data Exchange]{.underline}**

The IRS will obtain information reported by importers (entry summary
data) and Foreign Trade Zone admissions data through the ACE Portal and
via a system-to-system interface to identify imports of commodities that
are subject to excise taxes and to determine if applicable excise taxes
have been appropriately remitted. The IRS will provide ACE with updated
information pertaining to registrations to ensure collection of taxes at
the time of entry when appropriate. The IRS will provide ACE with
Vehicle Identification Numbers (VINs) and other information to enable
ACE to identify those Heavy Highway Vehicles entering the United States
that have not filed the appropriate tax returns. IRS staff will also
access/download pertinent data related to the importation of commodities
subject to excise tax via the ACE Portal. The IRS will also monitor
information reported by carriers (manifest data) to ensure that excise
taxes on imported fuel are paid and that HHVU taxes are paid for foreign
licensed vehicles entering the United States.

The IRS will transmit to CBP through ACE updated Employer Identification
Number (EIN) data (which can be used to identify parties to a
transaction) to allow ACE to verify the accuracy of information
submitted to CBP.

August 2007 (originally scheduled) -- The IRS will have the capability
to view name, address, and contact information for importers, brokers,
and carriers.

October 2008 -- The IRS will have the capability to view rail and sea
manifests and FTZ admissions through the ACE Portal.

June 2009 -- The IRS will use ACE to determine if importers/consignees
of taxable commodities are registered.

June 2009 -- The IRS will use ACE to correlate manifest and entry data
in order to link specific shipments and modes of transportation.

Late 2009 -- ACE will provide importers with the potential to pay
certain excise taxes with the entry summary. The IRS will have access to
entry summary information on taxable commodities through the ACE Portal.

**[Status]{.underline}**

The IRS has had a draft ConOps but has not yet delivered it to CBP. The
IRS has discussed an MOU with CBP attorneys. The IRS has two people with
access to the ACE Portal.

[]{#__RefHeading___Toc182381785 .anchor}***Office of Foreign Assets
Control (OFAC) - Treasury***

**[ITDS Related Mission]{.underline}**

The Office of Foreign Assets Control (OFAC) administers and enforces
economic and trade sanctions. OFAC administers country sanctions by
providing written instructions and copies of OFAC licenses in letter
form to CBP for use in the ports to determine the admissibility of
shipments within OFAC's jurisdiction. OFAC also designates persons and
organizations (Specially Designated Nationals and Blocked Persons (SDN
List)) with whom U.S. persons may not trade. Any assets or property of
SDN designees that come into U.S. jurisdiction are placed under U.S.
government control.

**[Planned Data Exchange]{.underline}**

Country sanction lists and license data provided to ACE by OFAC will be
used to determine admissibility of imports and exports. OFAC will also
use the ACE Portal to update and maintain the SDN list in ACE. In
addition, OFAC will use the ACE Portal to retrieve entry summary
information and additional account and reference information for
research and analysis.

**[Status]{.underline}**

The OFAC Concept of Operations was approved by OFAC and CBP in November
2006. The draft MOU is currently being reviewed by CBP Office of Rules
and Regulations.

OFAC has 10 staff members with access to the ACE Portal.

[]{#__RefHeading___Toc182381786 .anchor}***Alcohol and Tobacco Tax and
Trade Bureau (TTB) - Treasury***

**[ITDS Related Mission]{.underline}**

The Alcohol and Tobacco Tax and Trade Bureau (TTB) licenses importers of
alcohol or tobacco. Without a TTB permit, a person may not import
alcohol or tobacco. TTB also approves labels for alcoholic beverages
imported into the United States. Alcoholic beverages may not be entered
unless their labels have been approved by TTB. CBP enforces both of
these requirements for imports through selective examination.

TTB monitors alcohol imports and exports to ensure license, label, and
tax requirements are being met, and also monitors imports in case of
threats to public health. Typically, the information that TTB will
monitor will be reported to CBP through entry/entry summary messages
filed by importers or their agents, or export data filed by exporters.

**[Planned Data Exchange]{.underline}**

TTB will review entry/entry summary data for importations of alcohol
through the ACE Portal. TTB will likely update databases of importer
licenses and label approval numbers within ACE, but that remains to be
decided. ACE will validate the importer license information and validate
the label approval number filed by importers. TTB will provide CBP
access to its data base of approved alcohol labels (COLAS on Line) via a
system-to-system interface or an upload to ACE, which will enable CBP
officials to compare the approved label with the actual label on the
imported product.

When pursuing an investigation, TTB will have access, through the ACE
Portal, to all information collected under CBP authority and other
information that CBP has been authorized to share with TTB.

August 2007 (originally scheduled) -- TTB will use the ACE Portal to add
license and permit information to ACE importer account files for CBP to
use as a reference that eventually will allow ACE to automatically
validate license numbers submitted by importers (June 2009).

October 2008 -- TTB will access entry summary and collection information
to monitor for compliance. TTB will participate in making
recommendations for holds on cargo.

June 2009 -- TTB will access ACE to generate reports on manifest and
entry. ACE will use license and permit information maintained by TTB in
ACE to make admissibility determinations.

July 2010 -- TTB will access export transaction information to monitor
for export shipment compliance.

**[Status]{.underline}**

A draft Concept of Operations has been prepared and is being reviewed by
CBP's. An MOU between TTB and CBP has not been prepared. TTB has access
now through the ACE Portal to data filed by importers (entry/entry
summary data). Databases of importer licenses and label approval numbers
were originally scheduled to be established within ACE by fall of 2007.
TTB has 11 staff with access to the ACE Portal.

[]{#__RefHeading___Toc182381787 .anchor}***U.S. Consumer Product Safety
Commission (CPSC)***

**[ITDS Related Mission]{.underline}**

The U.S. Consumer Product Safety Commission (CPSC) protects the public
from harm from more than 15,000 types of consumer products under the
agency's jurisdiction. CPSC has the authority to ban the importation of
products that do not comply with CPSC regulations and to order recalls
of unsafe products. Products under CPSC's jurisdiction include cribs,
toys, coffee makers, hair dryers, lawn mowers, chain saws, furnaces,
water heaters, bicycle helmets, and household chemicals. (Specific items
that are excluded from CPSC's authority are food, drugs, cosmetics,
medical devices, tobacco products, firearms and ammunition, motor
vehicles, pesticides, aircraft, boats, and fixed site amusement rides.)

CPSC is currently using the ACE Portal to identify imported shipments of
potentially non-complying or otherwise unsafe products. The agency
directs Customs and Border Protection (CBP) to hold, or detain suspect
cargo to allow time for CPSC field inspectors to conduct on-site
examinations.

**[Planned Data Exchange]{.underline}**

CPSC already has access through the ACE Portal to import profiles, data
on shipments filed by importers, and contact information for importers.
Other areas of interest to the agency are streamlining communication
with CBP and importers on:

-   CPSC decisions to hold/release shipments.

-   Products under heightened scrutiny or "alert."

-   Notifications to CBP and the trade during the import process (e.g.,
    Notice of Sample Collection and Conditional Release of Product.)

**[Status]{.underline}**

CPSC began participating in ITDS in February 2007. Seven staff members
have access to data on imports through the ACE Portal.

## Environmental Protection Agency (EPA)

**[ITDS Related Mission]{.underline}**

The Environmental Protection Agency (EPA) regulates importation of
pesticides, ozone depleting substances, certain industrial chemical
substances and mixtures, vehicles and engines, and hazardous wastes.
Exports are regulated to a lesser extent. Currently, CBP collects import
documentation required by EPA such as the EPA Importation Declaration
Forms for vehicles and engines and Toxic Substances Control Act (TSCA)
certification statements. EPA performs follow-up inspections and
investigative activities and takes enforcement actions.

**[Planned Data Exchange]{.underline}**

EPA is considering how to use ACE to administer:

-   Importation Declaration Forms for motor vehicles and engines,

-   Consents to import hazardous waste,

-   Notices of Arrival for pesticides,

-   TSCA import requirements, including import certifications, for
    certain industrial chemical~~s~~ substances and mixtures, and

-   Import allocations for ozone depleting substances.

EPA is considering how to use ACE to:

-   Be notified of an importation of regulated products.

-   Use entry data reported through ACE to make admissibility decisions.

-   Review imports of regulated products and decide whether or not to
    inspect or to take enforcement actions.

-   Obtain general commodity, importer, and broker import data to review
    importer compliance and to prepare for facility inspections.

**[Status]{.underline}**

EPA currently uses the ACE Portal to track shipments of ozone depleting
substances, vehicles or engines that have not been certified to meet
Clean Air Act standards, pesticides, and chemicals regulated under TSCA.
Numerous cases of noncompliant or illegal imports have been identified.

EPA has eight staff members with access to the ACE Portal.

The EPA Concept of Operations is being revised. Regulatory changes may
be required to implement the planned data exchanges noted above.

[]{#__RefHeading___Toc182381789 .anchor}***Federal Communications
Commission (FCC)***

**[ITDS Related Mission]{.underline}**

The Federal Communications Commission (FCC) prohibits unauthorized
electronic radio frequency (RF) devices from entering the United States.
The FCC ensures that finished products, as well as products assembled
from parts shipped into the Unites States, conform to FCC-prescribed
emissions parameters to ensure that these products do not interfere with
licensed radio communications. The FCC analyzes entry summary data
provided by CBP in order to ensure that importers of certain RF devices
have reported to the FCC the information that the FCC requires regarding
the importation of radio frequency devices capable of causing harmful
interference. Currently, the FCC requires importers to complete FCC Form
740 (Statement regarding the Importation of Radio Frequency Devices
Capable of Causing Harmful Interference) or file equivalent information
as part of an electronic submission of entry summary data.

**[Planned Data Exchange]{.underline}**

The FCC will use ACE to view and extract data on FCC-regulated
shipments. In addition, the FCC will use ACE to view corrections of this
data made by the importer after completion of the entry process. ACE
will also enable the FCC to access entry summary data on an as needed
basis in order to enforce RF import requirements. Filing of Form 740
information as part of the entry summary will continue.

**[Status]{.underline}**

The FCC Concept of Operations was approved by the FCC and CBP in
February 2007. FCC legal counsel is drafting an MOU agreement.

The FCC has five staff members with access to the ACE Portal.

[]{#__RefHeading___Toc182381790 .anchor}***Federal Maritime Commission
(FMC)***

**[ITDS Related Mission]{.underline}**

The Federal Maritime Commission (FMC) registers and issues licenses to
Ocean Transportation Intermediaries (OTIs) (a/k/a freight forwarders and
non-vessel operating common carriers) and issues certificates of
financial responsibility to Passenger Vessel Operators (PVOs). FMC also
publishes quarterly and annual reports on current maritime trading
conditions based upon information from CBP, Census, MARAD, USACE, and
other sources (these reports are used for monitoring purposes only).

**[Planned Data Exchange]{.underline}**

FMC currently uses the CBP system, the Automated Commercial System
(ACS), to obtain data filed by importers and carriers.

ACE will give FMC the ability to receive vessel movement data directly
instead of through multiple agencies and commercial database sources.
FMC will have real-time access to entry summary data filed by importers
and manifest and vessel movement data filed by carriers and will be able
to run data extracts and queries as needed. The improved timeliness of
data accessibility represents a major advancement over current
commercial database systems. FMC will have access to entry, entry
summary, manifest, and vessel movement data captured in ACE.

FMC will also use online, interactive access to ACE to input license
information for those licenses issued by FMC. These licenses will be
used to validate carrier and shipment information.

August 2007 (originally scheduled) -- FMC will be able to attach OTI and
PVO LPCOs to carrier accounts. (FMC plans to key in several thousand
account-based blanket LPCOs.)

October 2008 -- FMC will be able to have sea manifest information
validated against their list of registered OTIs so that FMC will be able
to identify unregistered OTI operators as well as monitor the operation
of licensed OTIs and those carriers with whom they do business.

June 2009 -- FMC will be able to have vessel entrance and clearance
information validated against its list of registered PVOs and their
vessels so that FMC can identify unregistered operators and monitor the
operation of licensed PVOs and their vessels.

**[Status]{.underline}**

FMC has seven staff with access to the ACE Portal. The FMC ConOps was
submitted to CBP in April 2006. CBP and FMC have met to discuss open
issues that remain for final resolution. FMC has also submitted a draft
MOU to CBP but the final agreement awaits approval of their ConOps.

## International Trade Commission (ITC)

**[ITDS Related Mission]{.underline}**

The International Trade Commission (ITC) responds to requests from the
President, the USTR, and Congress for reports and analysis on matters of
international trade.

ITC conducts research and makes determinations concerning unfair trade
practices with regard to antidumping and countervailing duty
investigations.

ITC also is responsible for maintaining the Harmonized Tariff Schedule
of the United States Annotated (HTSUSA).  The HTSA provides the
applicable tariff rates and statistical categories for all merchandise
imported into the United States.

**[Planned Data Exchange]{.underline}**

ITC is currently able to obtain entry summary import data through the
ACE Portal.

ITC is providing electronic files of the HTSUS manual for use though the
ACE Portal as a reference file for ACE users.

October 2007 (originally scheduled) -- ITC will provide detailed
formatted data files electronically to CBP (with such items as
staged-rate duty reduction and trade agreement data) to be used to
update the HTSUS file used for processing entry summaries. ITC is
currently providing HTSUS data to CBP for testing.

October 2007 (originally scheduled) -- A unique user role, titled "ITC
HTS Administrator," will provide ITC the capability to view and validate
the HTSUS updates that CBP makes.

October 2008 -- ITC will receive an extract of entry summary data and
importer and foreign manufacturer information to use as a primary source
of information for ITC investigations and certain reports.

**[Status]{.underline}**

The ITC ConOps has been approved by CBP. An MOU has been agreed to, but
subsequent deliveries may require an updated MOU between ITC and CBP.

Currently six ITC staff members have access to the ACE Portal.

[]{#__RefHeading___Toc182381792 .anchor}***Nuclear Regulatory Commission
(NRC)***

**[ITDS Related Mission]{.underline}**

The Nuclear Regulatory Commission (NRC) issues import and export
licenses for certain nuclear material, components and commodities. In
some instances, prior consent to import radioactive by-product material
is required and must be received by the importing country's regulatory
authority, at least 24 hours in advance of the shipment. The NRC
currently relays that notice to CBP via email. The NRC has authority to
deny entry but its priority is the safe disposition of cargo, and works
with CBP, to ensure that happens.

**[Planned Data Exchange]{.underline}**

The planned data exchange with ACE has not yet been determined.

**[Status]{.underline}**

The NRC joined ITDS in January 2007.

[]{#__RefHeading___Toc182381793 .anchor}***Office of the United States
Trade Representative (USTR)***

**[ITDS Related Mission]{.underline}**

The Office of the United States Trade Representative (USTR) is
responsible for developing and coordinating U.S. international trade,
commodity, and direct investment policy, and overseeing negotiations
with other countries.

**[Planned Data Exchange and Status]{.underline}**

A plan for data exchange has not been developed.

[]{#OLE_LINK4 .anchor}

**ITDS PGA Integration Schedules**

> ![](media/image1.png){width="2.3756944444444446in"
> height="1.6319444444444444in"}

**PGA Integration Schedules**

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

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height="3.7506944444444446in"}

![](media/image43.wmf){width="4.995138888888889in"
height="3.7506944444444446in"}

**Appendices**

> ![](media/image1.png){width="2.3756944444444446in"
> height="1.6319444444444444in"}

**Appendices Table of Contents**

[Appendix A.1: List of ITDS Agencies -- Alphabetical by Department
[93](#__RefHeading___Toc182381795)](#__RefHeading___Toc182381795)

[Appendix A.2: List of Agencies -- Alphabetical by Agency Name
[94](#__RefHeading___Toc182381796)](#__RefHeading___Toc182381796)

[Appendix B: Agency Board Members and Contacts
[95](#__RefHeading___Toc182381797)](#__RefHeading___Toc182381797)

[Appendix C: Safe Port Agencies
[96](#__RefHeading___Toc182381798)](#__RefHeading___Toc182381798)

[Appendix D: ACE Portal USERS
[97](#__RefHeading___Toc182381799)](#__RefHeading___Toc182381799)

[Appendix E: Safe Port Act Text
[98](#__RefHeading___Toc182381800)](#__RefHeading___Toc182381800)

[Appendix F: Working Group on Import Safety Immediate Actions
[100](#__RefHeading___Toc182381801)](#__RefHeading___Toc182381801)

[Appendix G: Memoranda from OMB
[101](#__RefHeading___Toc182381802)](#__RefHeading___Toc182381802)

[APPENDIX H: HISTORY OF ITDS
[105](#__RefHeading___Toc182381803)](#__RefHeading___Toc182381803)

[APPENDIX I: STATUS OF MOUs
[108](#__RefHeading___Toc182381804)](#__RefHeading___Toc182381804)

[APPENDIX J: AGENCY CONCEPT OF OPERATIONS STATUS
[110](#__RefHeading___Toc182381805)](#__RefHeading___Toc182381805)

[]{#__RefHeading___Toc182381795 .anchor}**Appendix A.1: List of ITDS
Agencies -- Alphabetical by Department**

![](media/image44.wmf){width="5.99375in" height="8.01388888888889in"}

[]{#__RefHeading___Toc182381796 .anchor}**Appendix A.2: List of Agencies
-- Alphabetical by Agency Name**

![](media/image45.wmf){width="5.99375in" height="8.01388888888889in"}

[]{#__RefHeading___Toc182381797 .anchor}**Appendix B: Agency Board
Members and Contacts**

![](media/image46.wmf){width="6.3694444444444445in"
height="6.201388888888889in"}

[]{#__RefHeading___Toc182381798 .anchor}**Appendix C: Safe Port
Agencies**

![](media/image47.wmf){width="6.498611111111111in"
height="4.915277777777778in"}

[]{#__RefHeading___Toc182381799 .anchor}**Appendix D: ACE Portal USERS**

![](media/image48.wmf){width="3.022222222222222in"
height="6.793055555555555in"}

[]{#__RefHeading___Toc182381800 .anchor}**Appendix E: Safe Port Act
Text**

![](media/image49.wmf){width="5.999305555555556in"
height="8.345833333333333in"}

![](media/image50.wmf){width="5.999305555555556in"
height="8.777083333333334in"}

[]{#__RefHeading___Toc182381801 .anchor}**Appendix F: Working Group on
Import Safety Immediate Actions**

![](media/image51.wmf){width="5.995138888888889in"
height="7.392361111111111in"}

[]{#__RefHeading___Toc182381802 .anchor}**Appendix G: Memoranda from
OMB**

![](media/image52.wmf){width="5.999305555555556in" height="7.71875in"}

![](media/image53.wmf){width="5.999305555555556in" height="7.71875in"}

![](media/image54.wmf){width="5.999305555555556in" height="7.71875in"}

![](media/image55.wmf){width="5.999305555555556in" height="7.71875in"}

[]{#__RefHeading___Toc182381803 .anchor}**APPENDIX H: HISTORY OF ITDS**

![](media/image56.wmf){width="5.999305555555556in"
height="7.666666666666667in"}

![](media/image57.wmf){width="5.999305555555556in"
height="7.763888888888889in"}

![](media/image58.wmf){width="5.999305555555556in" height="6.69375in"}

[]{#__RefHeading___Toc182381804 .anchor}**APPENDIX I: STATUS OF MOUs**

![](media/image59.wmf){width="5.9944444444444445in"
height="7.510416666666667in"}

![](media/image60.wmf){width="5.9944444444444445in" height="6.6375in"}

[]{#__RefHeading___Toc182381805 .anchor}**APPENDIX J: AGENCY CONCEPT OF
OPERATIONS STATUS**

![](media/image61.wmf){width="5.992361111111111in"
height="7.247222222222222in"}

[^1]: In most instances (99%) information reported by importers
    (entry/entry summary data are reported electronically. Of the
    information reported by carriers (import manifest information), 98%
    of truck manifests, 100% of vessel manifests, and 100% of air
    manifests are reported electronically. On the export side, 97% of
    the reports of export shipments (shippers export declaration) are
    reported electronically. For export reporting by carriers (export
    manifest data) 0% of truck manifests, 0% of air manifests, and a
    small percentage of vessel manifests are reported electronically.

[^2]: "Reporting Codes" relate to the reporting of particular data or
    information. For example, when the country of export is reported,
    the reporting code might be UK or MX.

[^3]: The WCO messages are a particular implementation of the UN/EDIFACT
    Customs messages (CUSCAR, CUSDEC, etc.) which are the functional
    equivalent of the entry, entry summary, and manifest messages
    currently required by CBP. The WCO messages have been agreed to by
    the WCO member countries, including the United States. The United
    States has committed to implement the WCO messages in both the WCO
    Framework Agreement and in G-7 communiqués.

[^4]: "Requirements essential to ACE core functionality, including
    CBP-specific requirements, requirements shared by CBP and other
    agencies, and the common user interface for ITDS, are funded
    directly by the CBP Modernization program. The requirements that are
    common to multiple agencies, but are not specifically CBP
    requirements will be funded by the ITDS Board using CBP
    Modernization Automation funding earmarked for ITDS. Finally,
    agencies will fund any modifications to agency systems or processes
    undertaken to integrate with ITDS, as well as the cost of any
    agency-unique requirements in ACE." FY 07 OMB 300 for ITDS.