# Presentation: 657072

## PGA Integration

**Missy Dobson**** **
**September 11, 2008**

## Department of Agriculture
AMS – Agricultural Marketing Service
APHIS – Animal and Plant Health Inspection Service
FAS – Foreign Agricultural Service
FSIS – Food Safety and Inspection Service
GIPSA* – Grain Inspection, Packers & Stockyards Administration
Department of Commerce
BIS* – Bureau of Industry and Security
U.S. Census Bureau
FTZB – Foreign Trade Zones Board
IA – Import Administration
NMFS – National Marine Fisheries Service
Department of Defense
USACE – Army Corps of Engineers
DCMA – Defense Contracts Management Agency
Department of Energy
OFE – Office of Fossil Energy
EIA – Energy Information Administration
Department of Justice
ATF – Bureau of Alcohol, Tobacco, Firearms and Explosives
DEA – Drug Enforcement Administration
Department of the Interior
FWS – Fish and Wildlife Service
Department of Labor
BLS – Bureau of Labor Statistics
Department of Homeland Security
USCG – United States Coast Guard
CBP – Customs and Border Protection
TSA – Transportation Security Administration

*AMS – Agricultural Marketing Service*
*APHIS – Animal and Plant Health Inspection Service*
- FAS – Foreign Agricultural Service
*FSIS – Food Safety and Inspection Service*
- GIPSA* – Grain Inspection, Packers & Stockyards Administration
**Department of Commerce**
- BIS* – Bureau of Industry and Security
- U.S. Census Bureau
- FTZB – Foreign Trade Zones Board
- IA – Import Administration
*NMFS – National Marine Fisheries Service*
**Department of Defense**
- USACE – Army Corps of Engineers
**DCMA – Defense Contracts Management Agency**
**Department of Energy**
- OFE – Office of Fossil Energy
**EIA – Energy Information Administration**
**Department of Justice**
*ATF – Bureau of Alcohol, Tobacco, Firearms and Explosives*
*DEA – Drug Enforcement Administration*
**Department of the Interior**
*FWS – Fish and Wildlife Service*
- Department of Labor
- BLS – Bureau of Labor Statistics
**Department of Homeland Security**
***USCG – United States Coast Guard***
- CBP – Customs and Border Protection
- TSA – Transportation Security Administration

- Current ITDS PGAs

**Department of Transportation**
- BTS – Bureau of Transportation Statistics
*FAA – Federal Aviation Administration*
- FHA – Federal Highway Administration
- FMCSA – Federal Motor Carrier Safety Administration
- MARAD – Maritime Administration
*NHTSA – National Highway Traffic Safety Administration*
- PHMSA – Pipeline Hazardous Materials Safety Administration
**Department of Health and Human Services**
*CDC – Centers for Disease Control and Prevention*
*FDA – Food and Drug Administration*
**Department of Treasury**
- IRS – Internal Revenue Service
- OFAC – Office of Foreign Assets Control
*TTB – Alcohol and Tobacco Tax and Trade Bureau*
**Department of State**
- A/LM – Bureau of Administration, Office of Logistics Management
- DDTC – Directorate of Defense Trade Controls
- OES – Bureau of Ocean and International Scientific Affairs
*OFM – Office of Foreign Missions*
**Independent Agencies**
*CPSC – Consumer Product Safety Commission*
*EPA – Environmental Protection Agency*
*FCC – Federal Communications Commission*
- FMC – Federal Maritime Commission
- ITC – International Trade Commission
*NRC – Nuclear Regulatory Commission*
- USAID – U.S. Agency for International Development
- Office of the United States Trade Representative

**LEGEND**
- Bolded – New PGAs since Feb 2008
- Italicized – Import Safety
- * -  Export only

## PGA Use of Existing ACE Functionality

**Nearly 500 users from 27 PGAs currently have access to the ACE Secure Data Portal**
**Agencies leveraging data available via ACE reports to support their respective mission**
**New ad-hoc reporting functionality deployed last week end will provide PGAs with more robust reporting capability**

## PGA Functionality in Future ACE Releases

**Increased access to Entry Summary and Finance related data including: Entry summary details; Duties, Taxes, and Fees; Prior disclosure & Post summary corrections**
**Improved override code processing for the trade to proactively set Census override codes**
**Enable collaboration between Import Administration (IA) users and CBP for maintaining AD/CVD cases **
**Use of PGA Licenses, Permits, Certificates for cargo release process**
**Access to vessel entrance and clearance data**
**Access to correlated entry and manifest data**

**Notes:**
Bullets 1– 3 – A2
Bullets 4 – 6 – M2 

## Laying the Foundation for PGAs to Use ACE

**Data Memorandum of Understanding (MOU)**
**Concept of Operations (ConOps)**
**Operational Agreement**
**Data Harmonization**

## Data MOUs

**All PGAs who need to access data via ACE will require an ACE Data MOU with CBP**
**CBP Office of Regulations and Rulings (OR&R) working directly with each PGA’s legal offices to finalize their ACE Data MOU **
**Priority placed on completing ACE Data MOUs for the 16 Import Safety agencies**
**Status of Data MOUs**
**Import Safety Agencies**
** ****All Data MOUs in progress; none finalized**
**Non-Import Safety Agencies **
**8 Data MOUs in progress; none finalized**

## ConOps

**The purpose of a ConOps is for each PGA to document its end-to-end current business processes and its desired future business processes, along with the gap analysis between the two**
**Provides a vehicle for discussion between CBP and each PGA**
**Describes high level business requirements for ITDS/ACE**
**Each PGA must have a ConOps approved by CBP **
**Status of ConOps**
**Approved ConOps – 9 **
**ConOps presented to CBP but not yet approved – 17**
**ConOps in the process of being drafted – 17**

**Notes:**
Approved CONOPS – 2 need updates based on DD (denoted by*)
AMS*
BLS
Census
FCC
FMCSA
FTZB
ITC
OFAC*
USACE

##  Operational Agreements

**The purpose of an Operational Agreement is to establish clear expectations and understanding regarding how CBP and each PGA will interact operationally using ACE functionality**
** ****Agreement will cover PGA functionality to be deployed with a particular ACE release**
**A completed ConOps is a prerequisite for an Operational Agreement**

## Data Harmonization

**Held two detailed workshops with Trade representatives to discuss:**
**Which data elements will be required to be filed by the Trade through ACE**
**The conditions under which the data must be provided **
**Began a series of working sessions with the PGAs and the ITDS Board of Directors to review data requirements by process**
**Manifest**
**Entry/Entry Summary**
**Other filing requirements**

## PGA Capability in ACE M1 e-Manifest: Rail & Sea

**Notes:**
The next ACE release scheduled for deployment is called e-Manifest: Rail and Sea, which happens to be called in ACE lingo “M1.”

## M1 Functionality Leveraged by PGAs

| Functionality  | Number of 
PGAs  |
| --- | --- |
| Place Direct Holds – PGA will place holds directly on Bills of Lading (BOL), containers, and/or conveyances  | 5 |
| Request Holds – PGA will request that CBP place a hold on BOL or container  | 14 |
| Make Referrals – PGA will refer BOL information to other PGAs | 22 |
| Access Manifest Data | 35 |

## Policy Conditions for PGA Holds

| Coverage | Ability to respond | Allowable action |
| --- | --- | --- |
| Agency has 24/7 or equivalent coverage to CBP to address CBP concerns | Agency has on-site inspectional resources to respond to threat holds. | Agency can place and remove threat holds.

PGA hold |
| Agency has 24/7 or equivalent coverage to CBP to address CBP concerns | Agency has varying ability to respond to threat holds. | Agency can recommend hold actions.  CBPO will agree to contact the PGA to validate risk assessment, however, if CBP must examine, CBP retains override authority.

CBP hold for PGA |
| Agency does not have 24/7 coverage to address CBP concerns | Agency has varying ability to respond to threat holds. | CBP will accept a recommended action.  CBP may process hold based on risk assessment, if appropriate.

CBP Hold for PGA |

**Key Assumption – PGA has the appropriate legal authority to stop a shipment prior to its release**

**Notes:**
This table is probably familiar to some of you – it is an excerpt from the CBP policy statement I just referenced, which was issued in June 2006.
The first condition that must be met is that a PGA must have the proper legal authority to stop a shipment prior to its release – this slide assumes that a given PGA has such authority.  

So the table you see here provides the remaining two conditions that must be met for a PGA with the legal authority to place direct holds:
Agency must have 24/7 or equivalent coverage at the port
Agency must have on-site inspectional resources to respond to threat holds
PGAs with the appropriate authority can place direct holds at the ports where they meet these two conditions.  At the ports where a PGA has the legal authority but does NOT meet these two conditions for presence and ability to respond, the PGA can request CBP place a hold on its behalf.
Any PGA who does not have the appropriate legal authority to place direct holds, but has an import safety or security related mission, can request CBP place a hold on its behalf.

## PGAs Identified to Potentially Place or Request Holds in ACE

- APHIS – Animal and Plant Health Inspection Service
- ATF – Bureau of Alcohol, Tobacco, Firearms and Explosives
- CDC – Centers for Disease Control and Prevention
- CPSC – Consumer Product Safety Commission
- DEA – Drug Enforcement Administration
- EPA – Environmental Protection Agency
- FDA – Food and Drug Administration
- FSIS – Food Safety and Inspection Service
- FWS – Fish and Wildlife Service
- NHTSA – National Highway Traffic Safety Administration
- NMFS – National Marine Fisheries Service
- OES – Bureau of Ocean and International Scientific Affairs
- OFM – Office of Foreign Missions
- USCG – United States Coast Guard

## PGAs Identified to Refer BOL Information to Other PGAs 

- AMS
- APHIS
- ATF
- BTS
- CDC
- CPSC
- DEA
- EPA
- FCC
- FDA
- FMC

- FMCSA
- FSIS
- FWS
- MARAD
- NHTSA
- NMFS
- OES
- OFAC
- OFM
- USACE
- USCG

## Status of CBP/PGA Agreements Required for PGA Use of M1 Functionality

**ConOps**
**Approved ConOps – ****5**
**ConOps presented to CBP but not yet approved – 11**
**ConOps in the process of being drafted – 6**
**Data MOUs**
**CBP and PGA legal offices are currently working to finalize Data MOUs**
**No Data MOUs signed to date**
**Operational Agreements**
**No Operational Agreements have been finalized to date**

**Notes:**
PGAs approved CONOPS (includes PGA just doing referrals and that need updates based on DD)
AMS
FCC
FMCSA
OFAC
USACE

## Impact to Trade of PGA Hold on BOLs

**Trade will receive a notification when a hold is placed on their Bill of Lading (BOL)**
**Notifications will be sent to the filer and any secondary notify parties to include terminal operators and designated brokers**
**Notification will inform the trade which agency placed the hold and the type of hold placed on the BOL**
**Multiple agencies can place holds on a BOL**
**BOL will not be released until all holds are cleared**

## Questions?