Report to Congress 

on the 

International Trade Data System 

December 2010 

Report to Congress on the International Trade Data System (ITDS)

Table of Contents

LEGISLATIVE REQUIREMENT ........................................................................................... i

EXECUTIVE SUMMARY......................................................................................................ii

RECOMMENDATIONS.......................................................................................................iii

INTRODUCTION TO ITDS.................................................................................................. 1

STATUS OF IMPLEMENTATION OF ITDS......................................................................... 3

Three Priorities for Implementing the Basic ITDS Infrastructure ....................................... 3

Work Under Way.............................................................................................................. 3

Value-Added ITDS Functions ........................................................................................... 4

Cargo Release Functionality in ACE................................................................................. 4

Import Safety Conference................................................................................................. 4

ITDS Functions Already Implemented .............................................................................. 4

NEXT STEPS...................................................................................................................... 5

Export Commodity Report ................................................................................................ 5

Export Manifest ................................................................................................................ 6

Additional Data Sharing.................................................................................................... 6

ACE Delays and the Impact on ITDS................................................................................ 7

Extent of Participation by Federal Agencies ..................................................................... 7

Interagency Operations Plans and Agreements................................................................ 7

Standard Party Identifiers - DUNS Numbers..................................................................... 8

Product Identification and Classification Codes ................................................................ 8

BUDGET ISSUES............................................................................................................. 10

Funding Sources ............................................................................................................ 10

Cost Allocation ............................................................................................................... 10

Funding Levels for ITDS................................................................................................. 10

CONSISTENCY OF ITDS WITH INTERNATIONAL STANDARDS ................................... 14

Benefits of International Standardization ........................................................................ 14

World Customs Organization (WCO) Data Model........................................................... 14

RECOMMENDATIONS..................................................................................................... 15

Progress on 2009 Recommendations............................................................................. 15

Progress on 2008 Recommendations............................................................................. 15

Progress on 2007 Recommendations............................................................................. 17

AGENCY PLANS AND STATUS....................................................................................... 21

Agricultural Marketing Service (AMS) - USDA................................................................ 23

Animal and Plant Health Inspection Service (APHIS) - USDA ........................................ 25

Foreign Agricultural Service (FAS) - USDA .................................................................... 27

Food Safety and Inspection Service (FSIS) - USDA....................................................... 29

Grain Inspection, Packers, and Stockyards Administration (GIPSA) - USDA.................. 31

Bureau of Industry and Security (BIS) - Commerce ........................................................ 32

Census Bureau - Commerce .......................................................................................... 33

Foreign-Trade Zones (FTZ) Board - Commerce ............................................................. 35

Import Administration (IA) - Commerce .......................................................................... 37

National Marine Fisheries Service (NMFS) - Commerce ................................................ 39

Defense Contract Management Agency (DCMA) - Defense ........................................... 41

U.S. Army Corps of Engineers (USACE) - Defense........................................................ 42

Energy Information Administration (EIA), Office of Oil and Gas - Energy........................ 44

Office of Fossil Energy (OFE) - Energy .......................................................................... 45
Office of the General Counsel - Energy .......................................................................... 46

U.S. Fish and Wildlife Service (FWS) - Interior............................................................... 47

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) - Justice.......................... 48

Drug Enforcement Administration (DEA) - Justice .......................................................... 49

Bureau of Labor Statistics (BLS) - Labor ........................................................................ 50

Centers for Disease Control and Prevention (CDC) - HHS............................................. 51

Food and Drug Administration (FDA) - HHS................................................................... 52

United States Coast Guard (USCG) - DHS..................................................................... 54

Transportation Security Administration (TSA) - DHS ...................................................... 56

Administration/Logistics Management (A/LM) - State ..................................................... 57

Bureau of Oceans and International Environmental and Scientific Affairs (OES) - State. 58

Diplomatic Security/Office of Foreign Missions (DS/OFM) - State................................... 60

Directorate of Defense Trade Controls (DDTC) - State................................................... 61

Department of Transportation (DOT).............................................................................. 62

Bureau of Transportation Statistics (BTS).................................................................. 62

Federal Aviation Administration (FAA)....................................................................... 63

Federal Highway Administration (FHWA) .................................................................. 63

Maritime Administration (MARAD) ............................................................................. 64

National Highway Traffic Safety Administration (NHTSA) .......................................... 64

Pipeline and Hazardous Materials Safety Administration (PHMSA) ........................... 65

Federal Motor Carrier Safety Administration (FMCSA) .............................................. 66

Financial Crimes Enforcement Network (FinCEN) - Treasury......................................... 68

Internal Revenue Service (IRS) - Treasury..................................................................... 69

Office of Foreign Assets Control (OFAC) - Treasury....................................................... 71

Alcohol and Tobacco Tax and Trade Bureau (TTB) - Treasury....................................... 72

U.S. Consumer Product Safety Commission (CPSC)..................................................... 74

Environmental Protection Agency (EPA) ........................................................................ 76

Federal Communications Commission (FCC)................................................................. 78

Federal Maritime Commission (FMC)............................................................................. 79

International Trade Commission (ITC)............................................................................ 81

Nuclear Regulatory Commission (NRC) ......................................................................... 82

Office of the United States Trade Representative (USTR).............................................. 83

U.S. Agency for International Development (USAID)...................................................... 84

APPENDICES................................................................................................................... 87

APPENDIX A.1: LIST OF AGENCIES – ALPHABETICAL BY DEPARTMENT .............. 88

APPENDIX A.2: LIST OF AGENCIES – ALPHABETICAL BY AGENCY NAME ............ 89

APPENDIX B: AGENCY BOARD MEMBERS AND CONTACTS................................... 90

APPENDIX C: ACE PORTAL USERS........................................................................... 91

APPENDIX D: SAFE PORT ACT TEXT ........................................................................ 92

APPENDIX E: MEMORANDUM FROM CBP................................................................. 94

APPENDIX F: HISTORY OF ITDS ................................................................................ 98

APPENDIX G: STATUS OF MOUs.............................................................................. 101
i

LEGISLATIVE REQUIREMENT

Section 405 of the “Security and Accountability for Every Port Act of 2006” (P.L. 109-

347, October 13, 2006) (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) and to be operated by the United States 

Customs and Border Protection. This unified data system is to electronically collect and 

distribute import and export data required by government agencies that license or clear 

the import or export of goods. Section 405 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 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 (ACE) within United States Customs 

and Border Protection.
ii

EXECUTIVE SUMMARY 

ITDS Overview

The International Trade Data System (ITDS) is a project to build an electronic “singlewindow” for reporting imports and exports to the government. Currently, traders must 

make redundant reports to multiple agencies (often on paper). ITDS will allow traders to 

make a single electronic report and the relevant data will be distributed to the 

appropriate agencies. Costs will be reduced for business and government. Agencies 

will obtain data more quickly, be able to process cargo more expeditiously, and be better

able to identify unsafe, dangerous, or prohibited shipments. 

ITDS is not a separate computer system. ITDS functions are being built into the trade 

processing systems of U.S. Customs and Border Protection (CBP), as part of the ACE 

(Automated Commercial Environment) project.

Currently, 48 agencies, including CBP, are working together to implement ITDS. The 

interagency ITDS Board of Directors, chaired by the Treasury Department, coordinates 

interagency participation in ITDS. CBP has the responsibility of building and operating 

ITDS functions. 

Current Progress 

The past year has seen significant progress toward implementation of ITDS. Work on 

the following priorities is well under way: 

• Add data elements required by other agencies to CBP’s entry messages,

• CBP to accept transmission of “imaged” forms, forms currently submitted on paper, 

and 

• CBP completion of plans for using ITDS as a platform for cooperative interagency 

border enforcement and establish standards for communication between agency IT 

systems.

Although focused on implementing the basic electronic infrastructure for ITDS (collecting 

data and delivering data to agencies), these three priority steps have the potential to: 

• Immediately make import safety agencies better able to interdict unsafe shipments,

• Avoid proliferation of parallel import reporting systems,

• Eliminate the need to collect some paper documents, allowing remote location filing 

for entries that require supplemental forms to be filed, and

• Serve as a foundation for more advanced “value-added” ITDS functionality, such as 

admissibility processing to be implemented in the ACE Cargo Release Module.

CBP and the other ITDS agencies have begun work to validate previously collected 

operating requirements for Cargo Release. The implementation of Cargo Release and 

work on other “value-added” ITDS functions can only be successful if government 

agencies work together. Importantly, this year saw an interagency Import Safety 

Conference where leaders of 10 agencies with border safety missions reaffirmed their 

commitment to continued collaboration. 
iii

Longer Term Goals

To date, relatively little work has been done on ITDS export functionality. There may, 

however, be an opportunity to build on the existing Automated Export System (AES and 

the Census-operated AESDirect) to implement ITDS functionality. In addition, the work 

on system-to system communication (one of the three priorities noted above) could 

serve as a means for sharing other information that CBP collects with appropriate 

agencies at relatively low cost.

International Standardization

The SAFE Port Act requires that ITDS be consistent with the World Customs 

Organization (WCO) Data Model, an international standard for customs data 

requirements. International standardization reduces costs for traders and fosters data 

sharing between governments for security purposes, reducing the need for separate 

advance reporting to importing countries. To date, CBP has taken no concrete steps to 

implement the WCO standard messages within ACE. 

RECOMMENDATIONS 

1. Using ITDS funding already available, CBP should finish work by the end of 

fiscal year 2011 on the three priority projects contained in Recommendation 

2009-1. Completing this work quickly will accelerate interagency cooperation and 

provide immediate benefits to both the government and the private sector,

2. CBP should complete the necessary work for the ACE Cargo Release business 

case by the spring of 2011. 

3. By the summer of 2011, CBP, Census, and other appropriate agencies should 

examine the potential for enhancing the Automated Export System to provide 

functionality for additional ITDS agencies, including a detailed examination of 

ITDS agencies export requirements. Introducing enhancements to these systems 

could have minimal impact on ongoing work in the import systems.

4. CBP should use the functionality developed for system-to-system 

communication to make data CBP already collects available to other ITDS 

agencies. This will enable agencies to obtain data that supports their mission

objectives without waiting for further deployment of additional ACE functionality. 

1

INTRODUCTION TO ITDS

Currently, importers or exporters must often file separate and redundant reports to the 

various agencies that regulate trade. The goal of the International Trade Data System 

(ITDS) is intended to eliminate redundant reporting by creating a “single-window” 

system, replacing multiple filings, many of which are on paper, with a single electronic 

filing. Relevant data will be distributed electronically to the appropriate agencies, 

providing agencies with the ability to process that data electronically.

In addition to reducing costs for business and government by eliminating redundant 

reporting and systems, ITDS will enhance agencies’ ability to identify risky cargo, 

persons, and conveyances, will collect trade data that are more accurate, complete, and 

timely, and will speed cargo processing.

Section 405 of the SAFE Port Act of 2006 formally established ITDS and directed the 

Secretary of the Treasury to coordinate interagency participation in ITDS through a 

steering committee consisting of the agencies participating in ITDS and the Office of 

Management and Budget (OMB). The SAFE Port Act requires all “agencies that require 

documentation for clearing or licensing the importation and exportation of cargo” to 

participate in ITDS. 

ITDS is not a separate computer system, but consists of functionality being built and 

funded through the ACE (Automated Commercial Environment) project, a modernization 

and expansion of automated systems for processing imports and exports operated by 

Customs and Border Protection (CBP). Work on the ITDS project has actually been 

underway since the mid-1990’s; details of the early history of ITDS can be found in the 

Appendices to this report. 

Currently, 48 agencies, including CBP, are participating in the ITDS program, including 

all the agencies required to participate in ITDS by the SAFE Port Act. Treasury chairs 

the interagency ITDS Board of Directors (the interagency steering committee of the 

SAFE Port Act), which also has several subcommittees that focus on particular aspects 

of the ITDS program. CBP, working with other ITDS agencies, is responsible for 

identifying and documenting agency requirements for ITDS and for building 

corresponding ITDS functionality within ACE. 

Fundamentally, ITDS is about data interchange: 

• Agencies agree to standardize their data requirements, eliminating duplicative 

reporting requirements,

• The standardized data is transmitted to CBP by traders and stored in the “ACE 

Data Warehouse,”

• CBP transmits relevant data to appropriate agencies, or agencies obtain data 

through a web-based interface, the ACE Portal,1

• Agencies with a border control function may provide information, operational 

instructions, or advice to CBP via ACE.

and

 1 The ACE Portal is a secure web-based interface which an agency analyst can access through 

the internet and obtain detailed data on imports.
2

In addition, the ITDS program also facilitates cooperation between agencies, including 

CBP, on border operations. ITDS agencies also hope to take advantage of processing 

capabilities that could be incorporated into ACE, such as tracking and decrementing 

licenses, and targeting of shipments based on risk analysis.

Single Window to the Government

Census 

Bureau

Census Bureau of 

Alcohol, 

Tobacco, 

Firearms and 

Explosives

ATF

FDA

FMCSA

FTZB

FSIS

APHIS

FCC

FWS

International 

Trade 

Commission

ITC Food and Drug 

Administration

Food Safety 

Inspection 

Service

Foreign Trade 

Zone Board 

Fish and Wildlife 

Service

Federal Motor 

Carriers Safety 

Administration Animal and 

Plant Health 

Inspection 

Service

Federal 

Communications

Commission

NHTSA

National 

Highway Traffic 

Safety 

Administration

TRADERS:

Importers, 

Brokers, 

Carriers, and 

Exporters

Maritime 

Administration

MARAD

The ITDS “vision” is a single electronic filing 

– eliminating duplicate data filings to 

multiple agencies, using standard 

definitions and international data standards, 

improving risk assessment, and reducing 

costs for business and government. Federal Aviation 

Administration

FAA

Environmental 

Protection 

Agency

EPA
3

STATUS OF IMPLEMENTATION OF ITDS

Three Priorities for Implementing the Basic ITDS Infrastructure 

The past year has seen significant progress toward implementation of ITDS. Last year 

the ITDS Board of Directors proposed three priority steps for quicker implementation of 

basic ITDS functions. 

• That CBP immediately add data elements required by other agencies to the 

major import reporting messages (manifest, entry, entry summary).

• CBP should develop the capability to accept transmission of “imaged” forms 

(such as .tif or .pdf files) which currently are submitted on paper.2

• CBP should complete its plans for ITDS and make decisions related to the 

technical interoperability with other agencies’ systems, in order to allow other 

agencies to continue with their plans for using ITDS and investing in automated 

systems to work with ACE/ITDS.

Work Under Way

Work on these three priorities is well underway. In a memo of August 18, 2010,

3 CBP 

Commissioner Alan Bersin laid out guidelines for that work. Since that time CBP has 

already developed and deployed a prototype imaging capability. CBP and other ITDS 

agencies have also agreed that “web services” would be one standard used to transmit 

data between agency systems. Both the imaging and web services capabilities are 

currently being tested. In addition, CBP is in the process of preparing to add data 

elements required by other agencies to the Automated Broker Interface (ABI), the data 

intake module for entry process information. Those data will be available to agencies 

through the ACE Portal and/or system-to-system communication. CBP has proposed a 

specific format for collecting additional ITDS data through ABI. That format is being 

reviewed by both the participating agencies and the trade community. 

Although focused on implementing the basic electronic infrastructure for ITDS, collecting 

data and delivering data to agencies, these three priority steps have the potential to: 

• Immediately make import safety agencies better able to interdict unsafe shipments,

• Avoid proliferation of parallel import reporting systems,

• Eliminate the need to collect some paper documents, allowing remote location filing 

for entries that require the filing of supplemental forms, and

• Serve as a foundation for later ACE deliverables such as Cargo Release.

 2 “Imaging,” even if done only on an interim basis, could greatly speed delivery of information to 

the appropriate agencies and would provide the additional advantage to CBP of allowing remote 

location filing for entries that currently require the filing of supplemental paper forms. For some 

seldom used paper forms this could be a permanent solution, but for other data that would most 

effectively be collected through electronic data interchange (EDI), imaging presents a temporary 

alternative that can provide significant short-term benefits. 3 See Appendices.
4

Value-Added ITDS Functions

These three steps also provide agencies with valuable experience operating in an 

electronic environment, which is critical to implementing more advanced or “valueadded” ITDS functionality, such as processing that data, providing a platform for 

communication between agencies, and to the extent possible, having IT systems make 

decisions about shipments that people now make, (or not make, because of lack of 

resources).

Work on the “value-added” aspects of ITDS has also advanced. CBP has completed 

work on its own detailed plans (the Customs and Border Protection International Trade 

Data System Concept of Operations (CONOPS)). CBP’s CONOPS is the roadmap that 

CBP will follow when interacting with the ITDS agencies and the trade community. CBP 

has also conducted several “gap analyses” – comparing the CBP CONOPS with the 

CONOPS from other agencies to identify any inconsistencies. A public version of the 

CBP CONOPS is available on CBP.gov. Other agencies and the private sector can now 

examine their future activities and plan IT investments using this CBP roadmap. 

Cargo Release Functionality in ACE 

The Cargo Release function in ACE is intended to enhance the ability of Federal 

agencies with import safety responsibilities to carry out their missions. Consequently, 

the successful delivery of this important release is of keen interest to many ITDS 

agencies. CBP and the other ITDS agencies have begun work to verify the operating 

requirements for Cargo Release. Requirements validation is also underway with the 

private sector. 

Import Safety Conference

The work on Cargo Release and on other “value-added” ITDS functions requires 

government agencies to make concrete decisions about how they will work together. An 

important step was the hosting by CBP, the Consumer Product Safety Commission, and 

the Food and Drug Administration of an Import Safety Conference involving 10 agencies 

with a border safety mission. The agency leaders at the Import Safety Conference 

reaffirmed their commitment to continued collaboration on import safety at the executive 

level. In addition, several agencies signed a Memorandum of Understanding on multiagency cooperation at CBP’s new Commercial Targeting and Analysis Center. 

ITDS Functions Already Implemented

Of course, some ITDS functions have been operational for several years. Agencies 

have already been able to review, through the web-based ACE Portal, some data that 

CBP already collects electronically. 4 Some agencies have been able to use that data 

with success. 5

 4 It should be noted that some “single-window” functionality has been operational for years. 

Although the a complete “single window” for reporting by importers, exporters, and carriers does 

 
5

The Department of Commerce’s Foreign Trade Zone Board and CBP already use ITDS 

functions built into ACE to manage the nationwide inventory of Foreign Trade Zones 

despite some remaining software issues with that application. In addition, Commerce’s 

Import Administration and CBP now use ACE for case management of the anti-dumping

and countervailing duty programs, with new features that the trade community also finds 

useful for monitoring case status. ACE is now used for all of CBP’s recording and 

processing of anti-dumping and countervailing duty cases.

Other agencies currently with ACE Portal access (or that could have Portal access) 

could probably take more advantage of the data currently available through ACE. 6

 

Some agency uses of the Portal have been limited because the software for retrieving 

that particular data has not yet been perfected or has capacity limitations. The ability to 

collect additional data on behalf of the Federal Motor Carrier Safety Administration 

(FMCSA) through the inbound truck manifest has also been built, but has not been used. 

NEXT STEPS

The immediate ITDS goal will continue to be the three priority steps to implement basic 

ITDS infrastructure (add data elements to CBP messages, implement imaging capability, 

and testing data transfer between systems). At the same time, work on validating cargo 

release and entry related requirements will continue. Several ITDS agencies will also be 

involved in the user testing and deployment of ACE Vessel – Rail Manifest (M1). 

Export Commodity Report

To date, relatively little work has been done on ITDS export functionality. There may, 

however, be an opportunity to build on existing systems and implement ITDS export 

functionality relatively quickly and with existing ITDS funding. Currently, exporters must 

file electronic export information (commodity information) under Department of 

Commerce rules through the Automated Export System (AES), which is maintained by 

CBP and the Foreign Trade Division within the U.S. Census Bureau (Census)7

 

not yet exist, several agencies have for years already used 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. But no new specific data required by 

other ITDS agencies is being collected or “single-window filing” functionality has yet been 

implemented through the ACE/ITDS project.

. In 

addition to capturing data about the commodities being shipped, AES already captures

export control information, including information on licensed goods, and can edit and 

5 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 almost 30 fold -- from 

97,000 to 2.87 million pounds between FY 2005 and FY 2006. Between 2007 and 2010, FSIS

has removed over 8.5 million pounds of ineligible product from commerce. 6 An outline each agency’s ITDS plans and status can be found in the section “Agency Plans and 

Status.” 7 A free web-based conduit into AES, called AESDirect, was developed and is maintained by 

Census to provide a free and easy-to-use tool for exporters (mostly small to medium-sized) to 

create and file EEI.
6

validate against parameters on an export license approved by a licensing agency. 

Currently, only the State and Commerce Departments have an interface with AES to 

perform these edits and validations. By expanding AES to improve the oversight of 

export controlled items, the export missions of several ITDS agencies may be directly 

supported. 

In the same functional area, the ITDS Board is beginning work with the Export Control 

Reform Task Force that is operating under the authority of the National Security Council. 

That task force is working to expand the capabilities of a Department of Defense 

automated export licensing application system, USXPort. An interface between AES 

and the future enhanced USXPort could potentially yield great benefits. Specifically, the

oversight of controlled exports could be strengthened and the ability of exporters to 

comply with Federal rules improved. All changes to the data elements or validation 

made to the AES will need to be mirrored in the AESDirect.

Export Manifest

While AES and AESDirect capture commodity information reported by the U.S. exporter, 

the actual departure of exported commodities is reported by the exporting carriers. 

When commodities leave the country, the usual practice is for the exporting carrier to file 

of an export manifest with CBP (usually on paper). An automated export manifest 

system that could connect with AES could improve export enforcement through 

electronic processing and use of risk management systems. 

While there is currently a limited automated export manifest system on which to build 

ITDS functionality, a longer term solution for building export functionality for all ITDS 

agencies that may limit costs, would be to build on the work currently being done for the 

inbound manifest. The inbound and export manifests contain largely the same 

information; same means of transport, same shipments, etc. Consequently, designs for 

an inbound manifest may be a model for its export counterpart. Some design work for 

an export manifest has already been done. Links between the export manifest and AES 

would need to be added. CBP has recently worked with several ITDS agencies to 

develop and identify high level export business processes that will support identification 

of current system capabilities that could be utilized for this work.

Additional Data Sharing

As indicated above, several agencies already use the ACE portal. That data, however, 

is primarily entry summary information. The work on system-to-system communication 

noted above could serve as a means for sharing other information that CBP collects with 

appropriate agencies. CBP is already considering the sharing of entry information 

through the interoperability initiative and this could be expanded to include inbound 

manifest information.

Both the Food Safety Inspection Service and the Department of Transportation are 

launching new automated systems to support their mission requirements. Interfaces 

with ACE have been envisioned from the beginning of these efforts. Here again the data 

sharing potential of the work on system-to-system communication could be used to 
7

provide these systems the information required from CBP quickly and at relatively low 

cost.

ACE Delays and the Impact on ITDS

The past year has seen a continued delay in implementation of the ACE Vessel and Rail 

Manifest Release (M1 Release). ITDS functionality scheduled for this release has 

therefore not been delivered. Importantly, however, the decision to proceed with work 

on the three priorities noted earlier in this report has allowed other work on ITDS to 

progress largely unimpeded by delays in M1. 

Work on the Entry Summary Accounts and Revenue (ESAR) functionality has also been 

delayed.

Extent of Participation by Federal Agencies 

Forty-eight Federal agencies (including CBP) currently participate in the ITDS program. 

The Office of the General Counsel of the Department of Energy, which enforces energy 

efficiency requirements for electrical appliances and equipment, joined this year. All 

agencies required to participate in ITDS by the SAFE Port Act8 have joined the program. 

While some agencies have a well developed plan for automating their business 

processes and have completed preparations to receive and use data, other agencies are 

at an earlier stage of planning.

Interagency Operations Plans and Agreements

Most agencies participating in ITDS must develop a plan (“Concept of Operations”) 

describing how the agency will operate when ITDS is implemented. That plan is 

reviewed by CBP and ultimately agreed to by both CBP and the agency. Work on a 

number of agencies’ Concept of Operations plans is still uncompleted. (A table showing 

the status of agency Concept of Operations plans can be found in the Appendices to this 

report.)

Agencies participating in the ITDS also agree on a Memorandum of Understanding 

(MOU) with CBP specifying in detail the information that an agency expects to receive 

through ACE/ITDS. In addition, some agencies also develop, with CBP, separate MOUs 

laying out the details for cooperative operations with CBP. (A table outlining the status 

of work on each MOU can be found in the Appendices to this report.)9

 8 For a more detailed description of the SAFE Port Act provisions related to ITDS, see page 14 of 

the 2007 Report to Congress on the International Trade Data System at the ITDS website 

http://itds.gov/xp/itds/toolbox/library/. 9 For more information on Concept of Operations papers and MOUs see http://www.itds.gov/.
8

Standard Party Identifiers - DUNS Numbers 

A critical step in building a “single-window” filing system is harmonizing agency data 

requirements. One facet of data standardization involves “party identifiers,” the 

identification numbers used to identify persons and firms. Several Federal agencies 

require traders to identify themselves or the entities with whom they are trading by using 

agency-created identification numbers. Due to these different agency requirements, an 

importer may be required to report several different identification numbers, one for each 

government agency regulating the transaction. Government-created identification 

systems have had problems with duplicate or inactive numbers and out of date 

information. 

Many of these problems could be mitigated by utilizing commercially maintained systems 

for identifying businesses, such as the DUNS Number (Dun and Bradstreet Universal 

Numbering System). The DUNS Number system has wide coverage in many parts of 

the world, and significant resources are invested in keeping the DUNS database 

updated. The World Customs Organization (WCO) recognizes the DUNS Number as an 

acceptable identifier in its WCO Customs Data Model and DUNS claims to be ready to 

assign numbers to businesses or organizations throughout most of the world. 

The DUNS Number system is already used to identify entities for other U.S. Government 

functions (for example government procurement) and provides other distinct 

advantages. There is one unique number for each physical location or business 

division, which is particularly useful for security and safety concerns. The DUNS 

Number itself is in the public domain so privacy issues are mitigated, and DUNS also 

registers new traders at no cost. DUNS links current firms to closed or merged firms, 

which helps limit evasion of tax or other legal responsibilities by those who might try to 

assume multiple identities, and maintains “’crosswalks” or links to other numbering 

systems. In 2006, the ITDS Board of Directors recommended that CBP and the other 

participating government agencies accept the DUNS Number as an alternative identifier 

for ACE transactions. Work is now underway to catalog agency interest, including 

current uses, to this approach.

Product Identification and Classification Codes

Another area with potential for reducing costs is the standardization of product 

identification and classification codes. Several agencies require traders to provide a 

product classification code, in addition to a tariff number, in order, to categorize imported 

products more precisely (tariff codes are inadequate for many agencies’ purposes 

particularly those related to product purity and safety). ITDS agencies are exploring 

opportunities to use international product classification codes so that traders would not 

be required to report multiple codes for the same product, which would also reduce the 

cost to the government of maintaining multiple code systems.10

 10 Agencies also endeavor to use standard codes already adopted by industry wherever possible. 

OMB Circular A-119 directs agencies to use voluntary consensus standards in lieu of 

government-unique standards except where inconsistent with law or otherwise impractical.
9

The identification of specific products using a globally unique product number known as 

the Global Trade Item Number (GTIN) also has cost saving potential. Because a GTIN 

(known to consumers as the Universal Product Code (UPC)) can be linked to details 

about the individual product one GTIN number may be all a trader would need to report, 

rather than requiring traders to report several data elements in order to adequately 

describe a product.

ITDS agencies have created a draft implementation guide that outlines how these 

product codes could be used in import transactions. The guide has been shared with 

the trade community and comments have been gathered. Several ITDS agencies have 

been conducting three pilot tests to assess the approach. One test involving toys has 

been completed and the Consumer Product Safety Commission is evaluating the results. 

The other tests will involve cut flowers and meat products.
10

BUDGET ISSUES 

Funding Sources

The two sources of funding for ITDS capabilities in the ACE system are the ITDS 

program budget, a component of CBP’s Automation Modernization appropriation, and 

funding from agencies in the ITDS program which would be transferred from specific 

agencies to CBP via an interagency agreement. In addition, some agencies 

participating in ITDS are developing plans for, and must fund, their own automated 

systems that will interface with ACE/ITDS.

Cost Allocation

As with any joint agency project, the determination of funding responsibilities can be a 

difficult issue. In order to clearly delineate the funding responsibilities of the participating 

agencies, the following funding assumptions have been developed and employed: 

1) If participating agency requirements are included in the core set of CBP 

requirements, then the resulting capabilities would be provided to ITDS agencies 

at no cost to agencies or the ITDS program,

2) If requirements are shared by more than one agency, the cost of the resulting 

ACE capabilities would be borne by the ITDS program, and 

3) The cost of agency unique requirements would be born by the agency.11

Funding Levels for ITDS 

The ITDS account, part of CBP’s IT budget, currently has $36.5M in “no-year money.” A 

relatively small portion of that should cover expenditures for the three ITDS priorities 

currently being pursued by Commissioner Bersin. Work such as enhancing export 

functionality, or using system-to-system communication functionality to transfer manifest

data may also be done relatively inexpensively.

Additional funds are likely to be needed, however, to build functions that have been 

contemplated for Cargo Release. This phase of the ACE project involves functions 

related to admissibility, which is of importance to a number of ITDS agencies, particularly 

those with import safety missions. The funds currently in the ITDS budget will not be 

sufficient to fund development of all the “shared requirements” envisioned by 

participating agencies. It is therefore critical that the remaining resources are applied to 

the priority projects identified by the ITDS Board of Directors, in association with CBP. 

 11 “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. 
11

Achieving the ITDS vision is most likely to be accomplished through the development of 

concrete, realistic plans building on the deployment of ACE functions and on other 

automated initiatives. Further, there are efficiencies to be obtained by using automated

tools that already exist. For example, the prototype imaging capability that CBP 

deployed is based upon technology originally developed for another purpose. ITDS 

agencies are beginning to use targeting functionality already existing in CBP’s 

Commercial Targeting and Analysis Center (CTAC). The existing Automated Export 

System and AESDirect are tools already deployed and in use by the government and the 

private sector. Enhancing these systems appears to be the quickest and most costeffective approach to meeting ITDS agencies export function requirements.
12

Description 2001-2005 (Actual) 2006 (Actual) 2007 (Actual) 2008 (Actual) 2009 (Actual) 2010 (as of 9/30/10) 2011 (Planned)

ITDS Program Budget:● Budget Appropriation 43,578,120 $ 15,840,000 $ 16,000,000 $ 16,000,000 $ 16,000,000 $ 16,000,000 $ 16,000,000 $ ● Balance Carried Forward (from prior FY) - $ - $ 61,627 $ 11,051,593 $ 5,249,163 $ 18,583,069 $ 36,516,069 $ ● Other (De-obligation from prior year ITDS Support Contractor contract) 1,093,611 $ - $ - $ ● Other (Reimbursement of funding (see "Other" below) available for use in FY10) 4,000,000 $ Sub-Total 43,578,120 $ 15,840,000 $ 16,061,627 $ 28,145,204 $ 21,249,163 $ 38,583,069 $ 52,516,069 $ 

ITDS Obligations

● ITDS Program Office 7,617,708 $ 4,362,551 $ 1,053,951 $ 1,714,120 $ $1,148,775 $605,000

● ITDS Program Contractor Support

 – Develop/Maintain High Level Participating Government Agency (PGA) Business Requirements 35,960,412 $ 11,415,822 $ 1,900,000 $ 10,488,390 $ 48,505 $ $0

● ITDS Program Sponsored Operational Enhancements and ACE Production Support  – Develop/Deploy Operational Enhancements and Provide ACE Operating & Maintenance Support

443,086 $ $335,964 - $ 

● ITDS Program Sponsored Construction of PGA Requirements – Design, Develop, and Deploy ACE Release Capabilities for Requirements Shared by Multiple PGAs

2,056,083 $ 6,250,445 $ $1,132,850 1,462,000 $ 

● Other – Ultimately transferred for use in ACE development of non-PGA requirements (M1) 4,000,000 $ $0 Sub-Total 43,578,120 $ 15,778,373 $ 5,010,034 $ 22,896,041 $ 2,666,094 $ 2,067,000 $ - $ 

 ITDS Program Budget 43,578,120 $ 15,840,000 $ 16,061,627 $ 28,145,204 $ 21,249,163 $ 38,583,069 $ 52,516,069 $ 

 ITDS Program Obligations 43,578,120 $ 15,778,373 $ 5,010,034 $ 22,896,041 $ 2,666,094 $ 2,067,000 $ - $ 

 ITDS Program Balance ( carried forward to next FY ) - $ 61,627 $ 11,051,593 $ 5,249,163 $ 18,583,069 $ 36,516,069 $ 52,516,069 $  Percentage of ITDS Budget Obligated (cumulative) 100.0% 99.9% 85.3% 95.5% 83.7% 70.4% 50.5%

International Trade Data System (ITDS) Program Financial Summary

** FY2010 ITDS funds have been transferred to Office of Trade
13

$16,000,000 FY10 Budget Appropriation

$18,583,069 Balance Carried Forward (from FY 2009)

$4,000,000 Other (De-obligation return from prior year ITDS Support contract)

$38,583,069 Beginning FY 2010 Balance

$600,000 Govt Salaries

$950,000 IBM – Task Order 32 ITDS

$5,000 Travel

$512,000 TASPO - Imaging

$2,067,000 Total Obligations

$36,516,069

$16,000,000

$36,516,069

$52,516,069 Estimated Beginning FY 2011 Balance

$3,000,000 Standard Data Set (Add required data elements to import reporting messages)

$2,000,000

$1,500,000 Imaging (Phase 1.5 - Interface with FDA)

$1,000,000 Imaging (Phase II - Develop capability to accept Transmission of imaged forms)

$3,000,000

$100,000

$605,000

$11,205,000

$41,311,069

FY 2010 CBP EXPENDITURES OF ITDS FUNDS

FY 2011 PROJECTED CBP EXPENDITURES OF ITDS FUNDS

All amounts shown here are "Rough Order of Magnitude" (ROM)

Commissioner Priorities

Technical Inter-operability (within PGA Systems)

Other Planned/Projected work in 2011

Cargo Release

Projected ITDS Program Balance (carried forward to FY 2012) 

Estimated FY 2011 Budget Appropriation (Amount not finalized)

Balance Carried Forward (from FY 2010)

 Other (De-obligation return from prior year ITDS Support contract)

 ITDS Program Balance (carried forward to next FY) 

Operations and Maintenance (Upkeep of ITDS.gov website, Licenses costs - i.e. "DOORS")

Program Management (Govt Salaries and Travel)

Total Projected Estimated FY 2011 Obligations
14

CONSISTENCY OF ITDS WITH INTERNATIONAL STANDARDS 

Benefits of International Standardization

Today, countries have different data requirements and electronic data formats for 

essentially similar customs processes. Standardizing these reporting requirements can 

reduce costs for traders, who now must use a different format for each country and 

invest in different software for reporting to each country. In the current environment, 

however, the greatest potential benefit of adopting international standards may be to 

enhance security. Providing a platform for customs administrations to share information 

and providing advance notice of risky shipments could effectively extend our 

enforcement perimeter beyond the border. Moreover, obtaining export data may provide 

a less costly alternative to requiring advance filing of import data. (Sharing of U.S. 

export information from the AES with other countries would require authorization from 

the Commerce Department.)

World Customs Organization (WCO) Data Model 

The SAFE Port Act requires the ITDS Board of Directors to ensure that the ITDS data 

requirements are compatible with the WCO Data Model. The World Customs 

Organization (WCO) Data Model consists of standardized data requirements, data 

definitions, reporting codes12, and “messages” for transmitting data from traders to 

governments.13 

The ITDS Standard Data Set incorporates WCO standards. However, CBP has taken 

no concrete steps to implement the WCO standard messages within ACE. 

Implementation has been notionally considered as a second reporting option, to be 

developed after other ACE functions are completed. 

 12 “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.

13 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. 
15

RECOMMENDATIONS 

1. Using ITDS funding already available, CBP should finish work by the end of 

fiscal year 2011 on the three priority projects contained in Recommendation 

2009-1. Completing this work quickly will accelerate interagency cooperation and 

provide immediate benefits to both the government and the private sector.

2. CBP should complete the necessary work for the ACE Cargo Release business 

case by the spring of 2011. 

3. By the summer of 2011, CBP, Census, and other appropriate agencies should 

examine the potential for enhancing the Automated Export System to provide 

functionality for additional ITDS agencies, including a detailed examination of 

ITDS agencies export requirements. Introducing enhancements to these systems 

could have minimal impact on ongoing work in the import systems.

4. CBP should use the functionality developed for system-to-system 

communication to transmit data CBP already collects to other ITDS agencies. 

This will enable agencies to obtain data that supports their mission objectives without 

waiting for further deployment of additional ACE functionality.

Progress on 2009 Recommendations

Recommendation 2009-1: CBP should immediately add data elements required by 

other agencies to the major import reporting messages (manifest, entry, entry 

summary). 

Result: Significant progress has been made.

Recommendation 2009-2: CBP should develop the capability to accept 

transmission of “imaged” forms (such as .pdf files) which may currently only be 

submitted on paper. 

Result: Substantial progress has been made.

Recommendation 2009-3: CBP should complete its plans for ITDS and make 

decisions related to the technical interoperability with other agencies’ systems, in 

order to allow other agencies to continue with their plans for using ITDS and 

investing in automated systems to work with ACE/ITDS.

Result: CBP has completed work on its Concept of Operations for operating in the ITDS 

framework. Adequate progress has been made toward establishing and testing 

standards for exchanging data between systems.

Progress on 2008 Recommendations

Recommendation 2008-1: The ITDS Board of Directors should ensure adequate 

resources are devoted to completing the harmonization of agency data requirements. 

Result: Adequate progress has been made.
16

Recommendation 2008-2: CBP should make all import data it currently collects 

electronically available to agencies through the ACE Portal. 

Result: No additional data has been made available. 

Recommendation 2008-3: CBP and the other participating government agencies 

should use a widely accepted standard identifier, such as the DUNS Number as an 

alternative to identify parties in ACE transactions and CBP should build that capability 

into ACE in order to reduce the reporting burden on traders, obtain more accurate and 

complete identification of parties to international trade transactions, and enhance 

compliance, security, and safety.

Result: More agencies are considering use of the DUNS Number.

Recommendation 2008-4: Agencies participating in ITDS that require product codes 

should strive to use standard product codes based wherever possible on commercial or 

other consensus standards in compliance with OMB Circular A-119.

Result: Some agencies are exploring using the GTIN as a product identifier.

Recommendation 2008-5: The ITDS Board of Directors should be directly represented 

in the appropriate bodies making decisions regarding the ACE schedule and priorities.

Result: No action taken.

Recommendation 2008-6: To enhance the effectiveness of the OMB E-Government 

tracking of agencies’ plans to implement interfaces to ITDS, the dates associated with 

the milestones for those plans should be adjusted to reflect changes in the ACE 

schedule. To make the monitoring more accurate and effective milestones should be set 

and tracked at the component-agency level while maintaining accountability at the 

department level.

Result: OMB adjusts the milestones dates to reflect ACE schedule changes.

Recommendation 2008-7: The ITDS Program Office and the ACE Team should 

ensure that agencies’ requirements for data, data processing, and communication are 

fully documented and tracked (in a manner transparent to ITDS agencies and the ITDS 

Board of Directors) throughout the development and implementation process. Particular 

attention should be paid to the handoff from the ITDS Program Office to other ACE 

entities that will implement agency functionality.

Result: ITDS requirements are now stored in DOORS, an appropriate repository tool. 

Recommendation 2008-8: The ITDS Program Office should take the lead in 

establishing a Board within CBP to review MOUs and Concept of Operations plans and 

to establish a schedule for review of those documents. Such Board should include the 

appropriate CBP Headquarters staff. The ITDS Program Office working with each 

agency should identify responsible persons in those agencies to meet with this Board as 

appropriate.

Result: CBP has published the CBP ITDS Concept of Operations to be used as the 

foundation for Cargo Release processes decisions. CBP has established a Board to 

review Memoranda of Understanding and Concept of Operations plans.

Recommendation 2008-9: CBP should implement in ACE the ability to report 

transactions in a manner consistent with the WCO Data Model international standards. 
17

Standardization can reduce costs for traders and facilitate security cooperation between 

governments. 

Result: No action has been taken. 

Progress on 2007 Recommendations

Recommendation 2007-1: In 2007, we noted that several new agencies joined ITDS 

after the SAFE Port Act was enacted in October 2006, but that agency participation in 

ITDS had been uneven and that, although agencies are able to obtain detailed import 

information through the ACE Portal, not all agencies are taking full advantage of that 

information. We recommended that 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. 

Result: OMB directed agencies to participate in ITDS. While all agencies required to 

join did so, participation remains uneven. 

Recommendation 2007-2: We recommended that the ITDS Board of Directors should 

ensure that a Standard ITDS Data Set is established by January 1, 2008.

Result: See Recommendation 2008-1 above.

Recommendation 2007-3: In 2007, we noted that development of the ITDS program 

requires the involvement of the appropriate policy and operational offices of all agencies. 

We recommended that agencies realign resources to accommodate the increasing ITDS 

workload and that the ITDS Board of Directors and OMB should take steps to ensure 

that agency participation is adequate and that ITDS Project Team resources are focused 

on the development of the ITDS IT infrastructure. 

Result: The ISWG recommendations and OMB mandates spurred participation in ITDS, 

but participation remains uneven. 

Recommendation 2007-4: We recommended that agency legal offices (including CBP) 

engage in drafting MOUs so that work on these documents is accelerated. 

Result: Initial progress has been made. MOUs were split into a Data MOU and an 

operational /policy MOU in order to prevent policy/operations issues from delaying work 

on the data interchange system. Some work on MOUs still lags.

Recommendation 2007-5: We recommended acceleration of plans to add all import 

information currently reported electronically to CBP to the ACE “Data Warehouse” so 

that it could be accessed by agencies through the ACE Portal. The ISWG made the 

same recommendation and OMB directed CBP to proceed.

Results: CBP explored this action but decided not to proceed. CBP is considering 

making some data already collected available to some agencies through ACS, CBP’s 

current processing system. 

Recommendation 2007-6: We recommended Implementation of software to limit users 

to specified classes of data, in order to control access to data and to limit the expensive 

higher-level security clearances required for wide access to data.

Results: Access control software, or security filters, have not been implemented, and 

therefore, all agency personnel are required to obtain full background investigations in 

order to obtain access to the ACE Portal. The cost and time required to obtain these 

clearances have limited some agencies’ use of ACE. 
18

Recommendation 2007-7: We recommended accelerated implementation of World 

Customs Organization Data Model messages (international standard for customs 

reporting) in order to:

Reduce costs for traders by promoting a single international format for communicating to 

replace each country’s different electronic communication protocols, and facilitate 

exchange of data between authorities for enforcement cooperation and to extend our 

enforcement perimeter beyond our border. Implementation of the WCO Data Model is 

also an ISWG recommendation, an OMB mandate, and a requirement of the SAFE Port 

Act.

Result: No concrete steps have been taken to implement the WCO standard messages 

within ACE. CBP took steps to examine the cost of implementing WCO Data Model 

standards alongside the legacy standards currently being implemented in ACE, but this 

work has not been completed.

Recommendation 2007-8: We recommended that ITDS Agencies should determine 

which edits are critical for their purposes and provide timely input to the ACE 

development team. 

Result: After review by the Commerce Department, the International Trade 

Commission, and the private sector, some edits originally scheduled to be dropped from 

production have been reinstated.

Recommendation 2007-9: In 2007, we noted that some features to be used by ITDS 

agencies that were scheduled to be implemented had been delayed and recommended 

that ITDS Board of Directors be directly represented in bodies making decisions 

regarding the ACE schedule. 

Result: The ITDS Board of Directors is not represented in the CBP bodies making 

decisions regarding ACE priorities and schedules. 

Recommendation 2007-10: We recommended that the ITDS Board of Directors 

continue to closely track program expenditures to ensure charges lead directly to 

delivery of IT capabilities, and that those capabilities are delivered on schedule.

Result: The ITDS Board of Directors is monitoring expenditures and delivery.

Recommendation 2007-11: We recommended that agencies participating in ITDS 

ensure their capital planning and investment control processes incorporate plans for 

utilizing ITDS. 

Result: OMB has instituted a tracking procedure of agency progress. The tracking 

exercise has focused attention on ITDS and further coordination is underway between 

OMB, ITDS agencies, and CBP to enhance the effectiveness of each agency’s 

implementation plan and milestones.
Agency Plans and Status 

 

AGENCY PLANS AND STATUS

Agricultural Marketing Service (AMS) - USDA................................................................ 23

Animal and Plant Health Inspection Service (APHIS) - USDA ........................................ 25

Foreign Agricultural Service (FAS) - USDA .................................................................... 27

Food Safety and Inspection Service (FSIS) - USDA....................................................... 29

Grain Inspection, Packers, and Stockyards Administration (GIPSA) - USDA.................. 31

Bureau of Industry and Security (BIS) - Commerce ........................................................ 32

Census Bureau - Commerce .......................................................................................... 33

Foreign-Trade Zones (FTZ) Board - Commerce ............................................................. 35

Import Administration (IA) - Commerce .......................................................................... 37

National Marine Fisheries Service (NMFS) - Commerce ................................................ 39

Defense Contract Management Agency (DCMA) - Defense ........................................... 41

U.S. Army Corps of Engineers (USACE) - Defense........................................................ 42

Energy Information Administration (EIA), Office of Oil and Gas - Energy........................ 44

Office of Fossil Energy (OFE) - Energy .......................................................................... 45

Office of the General Counsel - Energy .......................................................................... 46

U.S. Fish and Wildlife Service (FWS) - Interior............................................................... 47

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) - Justice.......................... 48

Drug Enforcement Administration (DEA) - Justice .......................................................... 49

Bureau of Labor Statistics (BLS) - Labor ........................................................................ 50

Centers for Disease Control and Prevention (CDC) - HHS............................................. 51

Food and Drug Administration (FDA) - HHS................................................................... 52

United States Coast Guard (USCG) - DHS..................................................................... 54

Transportation Security Administration (TSA) - DHS ...................................................... 56

Administration/Logistics Management (A/LM) - State ..................................................... 57

Bureau of Oceans and International Environmental and Scientific Affairs (OES) - State. 58

Diplomatic Security/Office of Foreign Missions (DS/OFM) - State................................... 60

Directorate of Defense Trade Controls (DDTC) - State................................................... 61

Department of Transportation (DOT).............................................................................. 62

Bureau of Transportation Statistics (BTS).................................................................. 62

Federal Aviation Administration (FAA)....................................................................... 63

Federal Highway Administration (FHWA) .................................................................. 63

Maritime Administration (MARAD) ............................................................................. 64

National Highway Traffic Safety Administration (NHTSA) .......................................... 64

Pipeline and Hazardous Materials Safety Administration (PHMSA) ........................... 65

Federal Motor Carrier Safety Administration (FMCSA) .............................................. 66

Financial Crimes Enforcement Network (FinCEN) - Treasury......................................... 68

Internal Revenue Service (IRS) - Treasury..................................................................... 69

Office of Foreign Assets Control (OFAC) - Treasury....................................................... 71

Alcohol and Tobacco Tax and Trade Bureau (TTB) - Treasury....................................... 72
U.S. Consumer Product Safety Commission (CPSC)..................................................... 74

Environmental Protection Agency (EPA) ........................................................................ 76

Federal Communications Commission (FCC)................................................................. 78

Federal Maritime Commission (FMC)............................................................................. 79

International Trade Commission (ITC)............................................................................ 81

Nuclear Regulatory Commission (NRC) ......................................................................... 82

Office of the United States Trade Representative (USTR).............................................. 83

U.S. Agency for International Development (USAID)...................................................... 84
23

Agricultural Marketing Service (AMS) - USDA

ITDS Related Mission

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 a Memorandum of Understanding 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

Unscheduled - M2.3 (Originally 6/2009) – The following functionality is assumed to be 

delivered:

• ACE will notify AMS prior to 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, and

• 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

As of August 2009, AMS had 38 people who have access to the ACE Portal, but 

because there are limitations on the volume of data that is available through the ACE 
24

Portal, AMS is currently also using a weekly download of data from ACS on agriculture 

imports which it uses to verify compliance with AMS inspection requirements.

The AMS Concept of Operations was approved by CBP in May 2008, but subsequent 

review sessions held with the ACE Cargo Control and Release team has resulted in 

changes to seven AMS cargo release processes that may require subsequent 

modifications in the AMS Operational Memorandum of Understanding. 

AMS has drafted a Data Memorandum of Understanding and met with a CBP attorney to 

discuss it. Further progress on the Data Memorandum of Understanding awaits 

agreement by CBP attorneys and AMS on the Reimbursement Agreements for AMS 

assessment fees collected. Final clearance of AMS’ data Memorandum of 

Understanding has been in review at CBP.
25

Animal and Plant Health Inspection Service (APHIS) - USDA

ITDS Related Mission 

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

• 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

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 realtime 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. 

Unscheduled - M2.3 (Originally 6/2009) – APHIS will either use permit information 

reported to ACE by APHIS via system-to-system interfaces or ACE will query an APHIS 

system to determine if individual importations meet APHIS licensing requirements. 
26

APHIS will have the capability to monitor payment of Agricultural Quarantine Inspection 

user fees.

Unscheduled - M1 (Originally 10/2008) – 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.

Unscheduled - M2.3 (Originally 6/2009) – APHIS will be able to 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.

Unscheduled - M3 (Originally 2011) – APHIS will be able to access export information to 

monitor regulatory compliance with export shipment requirements.

Status

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 

124 people who have access to entry/entry summary data through the ACE Portal 

reporting capabilities.

The APHIS Concept of Operations version 3.0 was submitted to CBP on June 18, 2009. 

Formal CBP approval was given on November 9, 2009. 

Version 3.0 of the APHIS Concept of Operations included the addition of several “To-Be” 

Business Processes, one of which address agency responsibilities resulting from new 

Lacey Act import declaration requirements contained in the Food, Conservation, and

Energy Act of 2008.

Next Steps

Complete both a Data and an Operational Memorandum of Understanding with CBP.
27

Foreign Agricultural Service (FAS) - USDA

ITDS Related Mission 

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). Some sugar 

tariff-rate quota entries are processed via paper forms. FAS administers Harmonized 

Tariff Schedule General Note 15 letters of waiver from agricultural import quotas, an 

export sales reporting program for certain agricultural commodities, and economic

safeguards (tariff increases) for imports of agricultural products.

FAS currently has access to ACS to edit TRQ data.

Planned Data Exchange

FAS will enter/update overall quota limits for various dairy and sugar TRQ import 

programs, as well as enter/update quota amounts for specified importers. CBP will use 

this quota data in order to assess the appropriate tariff rate on dairy and sugar imports.

FAS will also receive daily entry data in order to update FAS’s DAIRIES and SUGARS 

data systems. The DAIRIES and SUGARS systems are accessed by the trade for up-todate entry information.

FAS will receive other data from ACE (the Weekly Commodity Status Report) which will 

be used for compiling the Dairy Monthly Circular Report.

FAS will also receive monthly import data in order to monitor imports subject to 

safeguard quota restrictions and to generate monthly internal reports.

Lastly, when FAS invokes safeguard quota restrictions for a commodity, the Harmonized

Tariff Schedule quota in ACE will be updated appropriately.

Status

Much of the FAS interaction with CBP on import processing is already automated. FAS 

has described their “As-Is” business process texts and diagrams.

FAS has seven staff members with access to the ACE Portal. FAS joined ITDS in 

May 2007.

FAS finalized their Standard Data Set and submitted it to the ITDS Data Harmonization 

Team on April 8, 2009.

FAS has initiated development of their Concept of Operations. “As-Is” Business 

Processes have been incorporated and “To-Be” Business Processes are under 

development. 
28

Next Steps

FAS must complete a Concept of Operations for review by CBP.

FAS must draft a Memorandum of Understanding for review by CBP.
29

Food Safety and Inspection Service (FSIS) - USDA

ITDS Related Mission 

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 

Unscheduled - M2.3 (Originally 6/2009) – ACE will provide FSIS with real-time data and 

will provide the ability for FSIS to communicate 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 eligible and if so, 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

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, and

• Detention action taken by FSIS or redelivery actions taken by CBP.
30

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 

almost 30 fold -- from 97,000 to 2.87 million pounds between FY 2005 and FY 2006. 

In FY 2007, FSIS removed almost 2.04 million pounds of ineligible products from 

commerce. During FY 2008, FSIS removed 3.68 million pounds of ineligible product. In 

FY 2009, FSIS removed 1.87 million pounds of ineligible products from commerce and in 

FY 2010, FSIS removed 1.09 million pounds of ineligible products from commerce. 

In 2007, FSIS awarded a contract to develop their Public Health Information System 

(PHIS) which will modernize several applications involved in their ITDS-related missions. 

PHIS is on schedule to deploy in production 2011, including electronic exchange of 

certification data on individual shipments with Australia and New Zealand. As a result of 

the ACE/ITDS delays for Cargo Control and Release (M 2.3), importers will file their 

inspection application directly with FSIS through the PHIS as an interim solution until the 

PHIS can interface with ACE. 

As a result of defining the PHIS functional requirements, review by CBP’s Office of 

Trade and Office of Field Operations and requirements gathering workshops involving 

the ACE Cargo Release and Control team, the FSIS Concept of Operations was 

approved by CBP in March 2010. 

FSIS has drafted a Memorandum of Understanding for Data Exchange in consultation 

with CBP attorneys. The Memorandum of Understanding has been approved by FSIS 

and the Agriculture Department’s Office of General Counsel. FSIS is prepared to sign 

the MOU, pending approval by CBP.

In 2010, FSIS initiated a pilot with GS1 and several meat and poultry companies to 

validate the use of international product classification codes (GTIN) to provide food 

safety attributes for meat, poultry, and egg products imported into or exported from the 

United States working closely with industry, FSIS will complete this analysis in early 

2011.

FSIS was 1 of 10 agencies that participated in the Import Safety Conference and was 

signatory to the agreement on Principles of Import Safety Coordination as well as the 

Memorandum of Understanding on multi-agency cooperation at CBP’s Commercial 

Targeting and Analysis Center. FSIS provides staff support at CTAC, working closely 

with CBP and other agencies on import safety issues.
31

Grain Inspection, Packers, and Stockyards Administration (GIPSA) - USDA

ITDS Related Mission 

The Grain Inspection, Packers, and Stockyards Administration (GIPSA), Federal Grain 

Inspection Service (FGIS) inspects grain prior to exportation. On a fee-for-service basis, 

GIPSA (or an entity authorized by GIPSA) inspects grain exports and issues postinspection certificates to registered exporters. Grain exporters are required to register 

with GIPSA. The GIPSA role is to serve as an unbiased, third-party weighing and 

inspection entity that provides buyer and seller accurate information about the quality 

and quantity of grain (and related products) that is traded.

All exporters who intend to export more than 15,000 metric tons of grain in a calendar 

year must be registered by FGIS. This is done electronically on the internet through our 

“FGIS OnLine” application. FGIS maintains a list of all registered grain exporters as 

required under the USGSA. All inspection, testing, and weighing information is entered 

into FGIS’ Inspection Data Warehouse (IDW). Encrypted data files and PDF documents 

are transmitted to the exporter who then forwards them to other interested parties. FGIS 

provides weekly summarized export data to the grain trade, AMS, FAS, ERS, and CIA. 

FGIS uses the data to prepare reports for Congress, FAS and other U.S. Government 

agencies. Our overseas customers (importers) can use FGIS OnLine to validate the 

authenticity of their paper certificates by providing key data elements from the certificate. 

Planned Data Exchange

Data received through ACE/ITDS could provide GIPSA with information related to 

people/companies involved in the sale and exportation of U.S. grain for verification 

purposes. 

 

Status

GIPSA joined ITDS in June 2007 and completed their Functional Assessment and 

documented their “As-Is” business processes in August 2007. The GIPSA Standard 

Data Set has been finalized and was submitted to the ITDS Data Harmonization team on 

November 3, 2008.
32

Bureau of Industry and Security (BIS) - Commerce

ITDS Related Mission

BIS administers the Export Administration Regulations, which set forth license 

requirements and licensing policy for the export of dual-use items. Dual-use 

commodities are items which have chiefly commercial uses, but also can be used in 

conventional arms or weapons of mass destruction applications, terrorist activities, or 

human rights abuses. BIS has primary responsibility for implementing U.S. export 

control policy on dual-use commodities, software, and technology.

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 (generally valid for two years) for select items on the CCL. 

Exporters apply for a license using either the BIS on-line system (Simplified Network 

Application Process Redesign (SNAP-R)) or in limited circumstances a paper 

form (BIS 748P).

BIS also has responsibilities for enforcing the Export Administration Regulations.

Planned Data Exchange

While a complete plan for data exchange has not been developed because development 

of ITDS export functions is still several years away, BIS does use the ACE Portal for 

some purposes.

Status

BIS now has access to the ACE Portal and uses it to extract account related data and 

entry summary data to assist in gathering evidence that supports criteria in conducting 

foreign availability assessments with respect to the export control program.

Implementation of export functionality is still several years away.

BIS joined ITDS in May 2007.
33

Census Bureau - Commerce

ITDS Related Mission

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), the 

Automated Commercial System (ACS), and the Automated Commercial Environment 

(ACE) to ensure that the data are accurate and complete. For example, the Census 

Bureau checks to ensure that reported information is reasonable.

Planned Data Exchange 

The Census Bureau has access to data filed into ACE by importers (entry/entry 

summary data), and will have access to exporter (AES), carrier (manifest), and Foreign 

Trade Zone (admissions) data, all of which it will use to compile foreign trade statistics. 

The Census Bureau maintains automated data validations in ACE, and has a system-tosystem interface for sending and receiving large data and reference files. The Census 

Bureau uses the ACE Portal to create customized reports.

The Census Bureau will have access to and maintain reference files in ACE. Lack of 

access has affected data in both ACS and ACE since both systems use the reference 

file in ACE and has adversely affected some statistics. 

April 12, 2009 - A2.2 (Originally 10/2008) – The Census Bureau is already able to create 

customized reports on import transactions essential to its statistical mission. Additional 

reports related to Census warnings were also delivered.

April 12, 2009 - A2.2 (Originally 10/2008) – Census has access to data on consumption 

and informal entries through the ACE Portal and through a system-to-system interface. 

The Census Bureau began extracting data in April 2009 and is now receiving 

approximately 40,000 entry summary line items per month. Importers have the ability to 

respond to or proactively provide override codes to prevent Census Bureau warnings 

that data provided are outside expected norms. ACE implemented Census Bureau 

validations for entry summary filings. Census can extract entry summary data from the 

ACE Portal.

Unscheduled - A2.3.1 (Originally 10/2007) – Census will supply validation parameters for 

the Harmonized Tariff Schedule through ACE.

Unscheduled - A2.3.2 (Originally 6/2010) – Census will have access to remaining entry 

types. ACE will implement Census Bureau validations for Foreign Trade Zone 

admission filings. Census will be able to extract additional entry summary data from the 

ACE Portal.

Unscheduled - M1 (Originally 6/2009) – Census will have access through the web-based 

ACE Portal to vessel and rail manifest data for research and analysis.
34

Summer 2010 - M2.1 (Originally 6/2009) – Census will have access to air manifest and 

entry data for research and analysis.

Unscheduled - M3 – 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

• The Census Bureau Concept of Operations has been agreed to by CBP.

• The current Census Bureau Memorandum of Understanding is sufficient for 

implementing the Census Bureau’s data validations (August 2007), but 

amendments to the existing Memorandum of Understanding will be required to 

address security requirements. 

• The Census Bureau and CBP continue to discuss changes to the draft 

Memorandum of Understanding in order to address the needs of both agencies.

• The Census Bureau has 20 staff with access to the ACE Portal. 

• The Census Bureau currently uses ACE to run reports on the imports of specific 

commodities. 

• The Census Bureau is editing and extracting summary data from ACE, although 

it is limited to the edits it had in ACS. It is working with CBP and its contractors 

to build the Harmonized Tariff System in ACE.

Next Steps

The Census Bureau and CBP must finalize the ACE Memoranda of Understanding.

Restore access to update Census Bureau reference files in ACS and ACE.
35

Foreign-Trade Zones (FTZ) Board - Commerce

ITDS Related Mission 

The Foreign-Trade Zones (FTZ) Board 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 the use of 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 

The FTZ Board currently maintains in ACE, using the ACE Portal, files on zones 

including name, zone number, subzones, subzone sites, details about permitted 

activities in the zone, date of FTZ Board approval, and information about zone grantees. 

CBP officers access this information through the ACE Portal and activate a zone or

subzone through ACE. Some of the information is also 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.

In the future, 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

The FTZ Board Concept of Operations has been agreed to by CBP. The FTZ Board and 

CBP are discussing a draft Memorandum of Understanding. FTZ Board has two staff 

members with access to the ACE Portal.

September 2007 – FTZ Board began entering zone and subzone 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.

February 2008 – FTZ Board completed entering existing zone/subzone account 

information in ACE and began maintaining and updating the information.

Unscheduled - A2.3 (Originally 10/2008) – 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.

Unscheduled – The FTZ account structure was only partially completed in September 

2007. As a result of this incomplete account structure, FTZ Board staff cannot assume 

responsibility for entering specific zone site information into ACE. As a work around,
36

CBP port staff must enter site information in consultation with the FTZ Board staff, 

adding time and complexity to the process. 

Unscheduled - M2.3 (Originally 10/2008) – FTZ Board will have access to zone 

admission data to monitor zone activity.

Next Steps

FTZ Board and CBP must finalize the appropriate Memoranda of Understanding (Data 

and Operational).

Completion of the FTZ account structure in ACE, which will allow the FTZ Board to be 

able to enter zone site information in the ACE Portal for use by CBP and the business 

community.
37

Import Administration (IA) - Commerce

ITDS Related Mission 

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 

IA will continue to provide instructions to CBP regarding duty deposit rates and 

liquidation instructions related to AD/CVD cases. IA will maintain information in ACE 

with respect to AD/CVD duty rates by country, manufacturer, and product. At some 

time, IA expects to be able to regularly extract from the ACE Portal large volumes of 

data (particularly entry summary data) via data queries and reports.

April 12, 2009 - A2.2 (Originally 10/2008) – IA has access to information on informal and 

consumption entry summary data for research and analysis through the ACE Portal.

February 14, 2010 - A2.3.1 (Originally 10/2008) – IA will use the ACE Portal to maintain 

the case reference files containing detailed AD/CVD case and related information.

Unscheduled - M1 – IA will have access to rail and sea manifest data and in-bond 

shipment data through the ACE Portal.

Unscheduled - A2.3.2 and A2.3.3 (Originally 6/2010) – IA will have access through the 

ACE Portal to data on all entry summary types for research and analysis. 

Status

Given the launch of the A2.3.1 (Entry, Summary, and Accounts Revenue) on 

February 14, 2010, and the continued use of the AD/CVD portion by IA, a ConOps is no 

longer necessary to submit to CBP. The Operational and Data Memoranda of 

Understanding continues to be reviewed and discussed with CBP. 

Currently, there are more than 50 IA staff members who have access to the ACE Portal.
38

Next Steps

IA must finalize the appropriate Memoranda of Understanding (Data and Operational) 

with CBP.

CBP to include AD/CVD entries in the ACE Data Warehouse.

Enhancements to ACE Case reference file to be implemented.
39

National Marine Fisheries Service (NMFS) - Commerce

ITDS Related Mission 

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 

NMFS plans to provide data to CBP to allow ACE to:

• Select shipments for examination, and

• Confirm that import and export permits and certificates are valid.

NMFS plans to use data obtained through the ACE Portal to:

• Determine admissibility of regulated commodities, and

• Manage risk through research and analysis of the ACE data warehouse. 

ACE will provide real-time information to NMFS and the capability for NMFS to 

communicate to CBP border control personnel. NMFS will also have access to stored 

information via the ACE Portal.

Unscheduled M1 (Originally 10/2008) – NMFS will be able to request that suspect 

shipments be held on the basis of rail or sea manifest information.

Unscheduled - M2.3 (Originally 6/2009) – NMFS will use ACE to identify and monitor:

• Imports that are regulated by NMFS,

• Imports that originate from embargoed countries, and

• Expired or otherwise improperly used import permits or certificates.

Unscheduled - M3 (Originally 2011) – NMFS will eventually access export information to 

monitor regulatory compliance with export shipment requirements.

Status

NMFS has been participating in ACE development since February 2006. NMFS 

currently has 71 staff (up from 63 in 2008) who use 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. 

NMFS submitted their proposed Concept of Operations to CBP on October 1, 2008. 

CBP and NMFS agreed on a Concept of Operations on July 23, 2009.

A Privacy Impact Assessment (PIA) for the NMFS Permits system was completed and 

published in June 2008.
40

A System of Record Notification (SORN) for the NMFS Permits system was published in

the Federal Register on April 17, 2008, and was finalized in the Federal Register on

June 11, 2008.

NMFS published an Advanced Notice of Proposed Rulemaking in the Federal Register 

stating that NMFS intends to require the trade to report import/export transactions 

electronically through ACE (Federal Register dated May 8, 2009).

Next Steps

NMFS and CBP staff have agreed on a draft ACE Data Memorandum of Understanding

which is in the final stages of review at CBP. NMFS is consolidating its regional trade 

data bases as a prerequisite to signing an Interconnect Security Agreement and 

establishing a two-way data exchange with ACE. 

Once connected, it is expected that ACE will validate certain admissibility criteria against 

NMFS reference files. The two agencies must also come to an agreement on an 

Operational Memorandum of Understanding for NMFS to fully realize the benefits of the 

ACE hold request capability and access to vessel and rail manifest information that will 

be available with M1. NMFS is reviewing internal procedures with an aim to establish a 

decision framework for requesting holds and responding to shipments held by CBP at 

the border, and to address disposition of shipments that are determined to be 

inadmissible. NMFS is preparing a proposed rule to consolidate existing blanket permits 

for importing/exporting certain seafood commodities, and to expand the scope of the 

permit requirement to include additional commodities subject to import monitoring 

programs.
41

Defense Contract Management Agency (DCMA) - Defense

ITDS Related Mission

The Defense Contract Management Agency (DCMA) is an agency within the 

Department of Defense (DOD).

As DOD’s contract manager, DCMA is responsible for ensuring Federal Acquisition 

programs (systems, supplies, and services) are delivered on time, within projected cost 

or price, and that they meet performance requirements. 

With regard to imports of defense materiel, DCMA:

• Acts as customs broker for the DOD for goods being shipped into the United 

States to DOD activities, and

• Receives requests and issue certificates for duty-free entry on items being 

delivered to DOD contractors to be consumed in performance of DOD contracts. 

Planned Data Exchange

Currently, DCMA works with CBP to facilitate the import and export of DOD contracts’ 

related articles and services. A plan for data exchange via ACE has not been 

developed. 

Status

DCMA joined ITDS in June 2008. 

Next Steps

Complete development of agency Concept of Operations.
42

U.S. Army Corps of Engineers (USACE) - Defense

ITDS Related Mission 

The U.S. Army Corps of Engineers (USACE) maintains databases and statistics 

pertaining to waterborne commodity and vessel movements, and vessel characteristics, 

which it uses for making capital investment decisions for building, improving, or 

rehabilitating port and waterway facilities, lock facilities, lock operations, and navigation 

dredging projects. 

Planned Data Exchange 

Based on current plans, ACE will:

• Provide the Corps of Engineers with a monthly Harbor Maintenance Fee (HMF) 

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, and

• Provide the Corps of Engineers with carrier contact information through the ACE 

Portal (already available).

Unscheduled - M1 (Originally 10/2008) – HMF Reports will be available via the ACE 

Portal; USACE will receive information reported by carriers on incoming vessels and 

trains (manifest reports) as well as carrier entrances and clearances.

Unscheduled - A2.2 (Originally 5/2009) – USACE will obtain data through the ACE Portal 

on shipments filed by importers (entry/entry summary data) correlated with manifest 

information filed by carriers.

Unscheduled - A2.3 (Originally 6/2009) – USACE will obtain data through the ACE Portal 

on shipments filed by importers (entry/entry summary data) correlated with manifest 

information filed by carriers, and vessel entrance and clearance information from the 

Vessel Management System (VMS).

Unscheduled - M3 (Originally 7/2010) – USACE will receive outbound vessel manifest 

information through ACE.

Status

USACE currently receives a disk with abstracts of manifest information collected by 

CBP.

USACE currently receives monthly import and export data from the U.S. Census Bureau.
43

USACE currently receives a text attachment via email containing U.S. vessel entrance 

and clearance information from CBP’s VMS.

USACE’s Concept of Operations received final CBP approval in February 2007. No 

Corps of Engineers staff has taken ACE Portal training. Manifest information is currently 

not available through the ACE Portal.

USACE has created a draft Memorandum of Understanding currently under review by 

CBP and USACE legal Councils

Next Steps

USACE to prepare a final Memorandum of Understanding.
44

Energy Information Administration (EIA), Office of Oil and Gas - Energy

ITDS Related Mission

The Energy Information Administration (EIA) is the statistical agency of the Department 

of Energy.

EIA issues a wide range of weekly, monthly, and annual reports on energy production, 

stocks, demand, imports, exports, and prices, and prepares analyses and special reports

on topics of current interest. 

EIA currently collects data on imports of crude oil and/or petroleum products on a weekly 

and monthly basis. Data are reported to EIA by each Importer of Record (or Ultimate 

Consignee in some situations regarding Canadian imports) who imports crude oil or 

petroleum products into the 50 states and the District of Columbia, into Puerto Rico, the 

Virgin Islands, and other U.S. possessions, entries into Foreign Trade Zones located in 

the 50 states and the District of Columbia, and from Puerto Rico, the Virgin Islands, and 

other U.S. Possessions into the 50 states and the District of Columbia.

Planned Data Exchange

A plan for data exchange has not been developed via ACE. However, EIA currently 

receives from CBP a monthly download of its data in ACS.

Status

EIA joined ITDS in April 2008. 

Next Steps

Complete development of agency Concept of Operations.
45

Office of Fossil Energy (OFE) - Energy

ITDS Related Mission

The Department of Energy’s Office of Fossil Energy (OFE) regulates natural gas imports 

and exports from and to the United States. 

OFE issues “blanket” authorizations of up to two years and long-term authorizations of 

greater than two years to applicants requesting to import and export natural gas. There 

is no standard application form; however, OFE provides guidelines on how to prepare 

and submit the application. 

Applicants may apply for blanket authorizations online on OFE’s Web site. Applications 

for long-term authority must be mailed to OFE. Authorized importers and exporters are 

required to send monthly reports to OFE detailing all of their natural gas import and 

export activity.

Planned Data Exchange

A plan for data exchange has not been developed via ACE.

Status

OFE joined ITDS in August 2007. 

A functional assessment and documentation of the “As-Is” business processes were 

completed in November 2007.

OFE finalized their Standard Data Set and submitted it to the ITDS Data Harmonization 

Team on February 20, 2009. 

The “To-Be” business processes were documented and finalized in April 2009.

A draft Concept of Operations was submitted to OFE on July 29, 2009.

OFE has no staff with access to the ACE Portal.

Next Steps

OFE to provide the necessary documentation and security requirements for OFE 

personnel to access the ACE Portal.

OFE to complete the review of the draft Concept of Operations and submit the final 

version to CBP for their approval.
46

Office of the General Counsel - Energy

ITDS Related Mission 

The Department of Energy’s (DOE) Office of the General Counsel enforces minimum 

efficiency standards (or maximum consumption standards) for a wide variety of products 

both imported and domestic. These products include residential appliances and 

commercial equipment, including refrigerators, clothes washers, water heaters, air 

conditioners, commercial refrigeration systems, beverage vending machines, 

commercial air conditioners, and even electric motors used in other products. The 

Energy Policy and Conservation Act, as amended, (EPCA) authorizes denial of 

admission for noncompliant products. EPCA also authorizes civil penalties for the 

importation of any covered product that does not meet the applicable energy 

conservation standard or does not comply with other regulatory requirements. See 

42 U.S.C. § 6302 (Prohibited Acts) and 42 U.S.C. § 6291 (Definition of "distribution in 

commerce").

DOE requires manufacturers (and importers) to certify compliance of each basic model 

of covered product before the model is imported into the United States. 

Planned Data Exchange 

DOE's Office of the General Counsel plans to use information gained through ITDS to 

identify manufacturers and importers who are importing covered products and help 

identify importers who have not certified the types of covered products being imported, 

help those importers to achieve compliance before the products enter the United States, 

or assess civil penalties as appropriate.

Status

The Department of Energy’s Office of the General Counsel has only recently joined the 

ITDS program.
47

U.S. Fish and Wildlife Service (FWS) - Interior

ITDS Related Mission 

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

FWS will continue to use its Electronic Declaration Subsystem (eDecs) to determine 

admissibility of entries subject to FWS regulations.

Unscheduled - M2.3 (Originally 6/2009) – FWS will:

• 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 track all movements of cargo under CBP control, including 

cargo in an FTZ, customs bonded warehouse, or in-transit, and

• Use the ACE Portal for detection of illegal or undeclared wildlife shipments.

Unscheduled - M1 (Originally 10/2008) – Based on current plans, FWS will 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.

Status

The FWS draft Concept of Operations Version 2 was submitted to CBP for review on 

June 24, 2009. Progress on the Data Memorandum of Understanding between CBP 

and FWS is under discussion. As of August 2009, FWS had 114 staff members with 

access to the ACE Portal.
48

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) - Justice

ITDS Related Mission

The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) regulates the 

importation of arms, ammunition, implements of war, destructive devices, and 

explosives. ATF also requires appropriate licenses and permits for importation of some 

of these items, as specified by Federal laws. ATF regulates and requires a permit for 

the exportation of National Firearms Act (NFA) weapons. ATF conducts investigations 

into crimes involving the export of NFA weapons and the import of firearms, explosives, 

and implements of war.

Planned Data Exchange 

ATF currently has the ability to use the ACE Portal to retrieve entry summary 

information. 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. 

Unscheduled - M2.3 (Originally 6/2009)

ATF will provide a list of products it regulates using the Harmonized Tariff Schedule 

(HTS) number. This data will be used by CBP to identify shipments which may require 

ATF issued licenses, registration, or permits.

ATF license, registration, and permit data will be provided to ACE by ATF. This data will 

be used to automatically verify and validate license, registration, and permit data 

submitted by the trade. 

ATF may also develop and implement an interface with ACE that will allow the trade to 

file for CBP release electronically. Once CBP has authorized release, its certified copy 

of the release documentation could be electronically submitted to ATF. 

ACE will provide entry summary importation data to ATF. This data will allow ATF to 

track the use of licenses, registration, and permits. 

Status

In July 2009, the ATF Concept of Operations was approved by CBP and ATF. ATF 

drafted a Memorandum of Understanding and presented it to CBP in August 2006. CBP 

agreement to the Data Sharing Memorandum of Understanding is pending. 

ATF has 19 staff members with access to the ACE Portal. They have the ability to use 

the ACE Portal to determine when licensees/permittees have imported firearms or 

explosives. These data can be used to help ensure that licensees/permittees are 

properly accounting for the imported products.

Next Steps

CBP and ATF to agree on Data Sharing Memorandum of Understanding.
49

Drug Enforcement Administration (DEA) - Justice

ITDS Related Mission 

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

DEA plans to provide CBP a reference file containing admissibility-related data elements 

including registered Importers, Exporters, and applicable Permit Numbers, as well as a 

description and approved quantities of the regulated products.

Unscheduled - M2.3 (Originally 6/2009) – DEA will identify shipments which require 

permits and for which the importer or exporter must be registered and report to DEA. 

DEA will use these data to update files in its own system and to track use of permits. 

DEA will also maintain tables in ACE with the same updated information.

Status

The DEA joined ITDS in February 2007. 

The DEA has completed a draft Memorandum of Understanding which is currently 

undergoing legal review by DEA and CBP.

DEA submitted agency-approved Concept of Operations to ITDS/CBP on November 28, 

2008, and was reviewed by CBP on January 8, 2009. The Concept of Operations has 

been revised based on the CBP review and is currently undergoing agency review.

The DEA has no current ACE Portal users.

Next Steps

DEA will revise Concept of Operations to address CBP comments and resubmit to CBP.

DEA will review and submit business and system requirements for ACE to CBP.
50

Bureau of Labor Statistics (BLS) - Labor

ITDS Related Mission 

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 

Unscheduled - A2.4 (Originally 1/2011) – BLS plans to use the ACE Portal to access 

name and address information on importers and entry summary information, including 

admissions into Foreign Trade Zones. 

Unscheduled - M3 (Originally 10/2011) – ACE will provide BLS access to information on 

exporters and export transactions.

Status

The BLS Concept of Operations was approved by BLS and CBP in October 2006. A 

draft Memorandum of Understanding was submitted to the CBP Office of Rules and 

Regulations (OR&R) in March 2007 and is awaiting approval.

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

Latest draft of the MOU is still under review at CBP. Data transfer method is still an 

issue in need of resolution. 

Next Steps

CBP agreement to the Memorandum of Understanding.
51

Centers for Disease Control and Prevention (CDC) - HHS

ITDS Related Mission

The international trade-related mission of the Centers for Disease Control and 

Prevention (CDC) is to prevent the introduction, transmission, and spread of 

communicable diseases from foreign countries into the United States. CDC regulates 

imports that can potentially cause disease in humans and requires permits for etiological 

(disease-causing) agents, biological materials, and certain animals and animal products.

Planned Data Exchange

Unscheduled (Originally 6/2009) – CDC will use ACE to monitor the usage of import 

permits and place holds on imports subject to additional CDC scrutiny. CDC will provide 

ACE import permit information that must be validated at time of entry with documentation 

provided by the importer. CDC will also use ACE to send and receive communications 

from CBP regarding entry issues related to specific imports.

• Identify quickly whether a shipment is under CDC jurisdiction.

• Monitor potential misuse of permits by importers abusing quantity 

restrictions.

• Audit CDC permit holders.

• Determine whether an importer is “port shopping,” i.e., trying to avoid those 

20 ports of entry at which CDC has a presence.

Status

CDC’s Concept of Operations is currently under agency review. CDC “As-Is” and “To 

Be” processes have been documented along with their data requirements. 

CDC has no ACE Portal users.

CDC joined ITDS in June 2007. 

Next Steps

CDC to complete the necessary steps for CDC personnel to access ACE Portal.

CDC to provide agency-approved Concept of Operations for submission to CBP.
52

Food and Drug Administration (FDA) - HHS

ITDS Related Mission 

The Food and Drug Administration (FDA) authority regulates the importation of food, 

drugs, cosmetics, medical devices, biologics, and radiation-emitting products.

• The FDA requires registration of foreign food, drug and medical device 

manufacturers.

• The FDA requires permits, licenses, and/or certifications (i.e. registration, listing 

and process review) for the import of certain commodities over which FDA has 

jurisdiction.

• The FDA requires that importers notify FDA of the import of all FDA-regulated 

products for screening and processing on the FDA OASIS system. (Importers of 

merchandise subject to the Bio-Terrorism Act must notify FDA prior to 

importation.)

• Regulated commodities are also subject to examination by the FDA to ensure 

compliance with FDA regulations. 

Planned Data Exchange 

• 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 ACS to screen and target shipments of regulated 

commodities arriving in the United States.

Unscheduled - M2.3 (Originally 6/2009) – FDA plans on utilizing this release of ACE 

to:

• Identify imports of commodities under FDA jurisdiction,

• Review information related to regulated imports to make decisions on whether to 

inspect or take enforcement actions,

• Place holds and/or refuse shipments on FDA regulated commodities,

• Receive prior notice data, entry data, and FDA permit/registration data in order to 

determine FDA jurisdiction,

• Make admissibility determinations, screen shipments under the Bioterrorism Act, 

identify shipments to examine, and record dispositions related to the shipment, 

and

• Transmit admissibility decisions via OASIS through ACE to appropriate CBP 

officials.

Unscheduled - M3 (Originally 2011) – FDA may wish to add plans to access export 

transaction information to monitor the compliance of drug export shipments with FDA 

export-related regulations.

Status

CBP has approved the FDA Concept of Operations (CONOPS).
53

A draft CBP/FDA Memorandum of Understanding is under going review at FDA and 

CBP. 

FDA is in the process of implementing PREDICT (Predictive Risk-based Evaluation for 

Dynamic Import Compliance Targeting). PREDICT is a “tool” to improve import 

screening and targeting to prevent the entry of adulterated, misbranded, or otherwise 

violative goods.

FDA, currently, has one staff member with access to the ACE Portal.

Next Steps

Agency to complete MOU.
54

United States Coast Guard (USCG) - DHS

ITDS Related Mission

The United States Coast Guard (USCG) has maritime safety and security responsibilities 

in all U.S. navigable waters, territorial waters and in U.S. ports. The USCG conducts 

regulatory inspections in the ports, including inspecting vessels and containers that 

transport imported and exported cargo, including bulk items. As a border enforcement 

agency, the USCG also endeavors to detect security threats to the United States in the 

form of weapons (including vessels), illicit cargoes, contraband, military threats, and 

human smuggling and trafficking. The USCG attempts to reduce safety and 

environmental risks to U.S. waters and ports posed by vessels that have unacceptable 

safety or pollution records.

The USCG requires operators of vessels over 300 gross tons to notify USCG of arrival 

into U.S. territorial waters 96 hours prior to arrival. Advance notice information is 

submitted through the eNOAD System (Electronic Notice of Arrival/Departure) to the 

National Vessel Movement Center (NVMC), which notifies local Coast Guard units of the 

vessel arrivals. Information contained on the advance notice includes vessel name, 

registered owner, country of registry, passenger and crew manifests, and general 

description of cargo. 

USCG Captains of the Ports have authorities to board, inspect or examine, or detain any 

vessel in U.S. waters, and their cargo, and to prevent them from entering U.S. ports for 

reasons of safety or security. Upon vessel arrival, the USCG is authorized to inspect 

and, if necessary, hold containers that may be carrying hazardous materials or suffering 

from a structural defect. Joint targeting between Federal, state and local agencies may 

prompt inspections of vessels and/or containers arriving or departing from a U.S. port.

Planned Data Exchange

The USCG and CBP have planned a pilot project in the Port of Charleston, which will be 

the Coast Guard’s first operational trial of ACE. During the pilot, Coast Guard personnel 

will be using ACE functionality in cooperation with local CBP personnel, for screening, 

selecting, and inspecting/examining vessels or containers based on information obtained 

from bills of lading and “BAPLIE” (vessel stow plans) through ACE. Coast Guard users 

will also try out a new ACE feature that allows for the option to share COTP orders with 

other federal partners. The results of this joint USCG/CBP pilot will be shared with the 

other ITDS member agencies. Future plans beyond the pilot include an exploration of 

interactions between the DHS Interagency Operations Centers WatchKeeper System 

and ACE (Watchkeeper is a web-based application under development to collect

operational data from a variety of agency databases). 

Status

The USCG joined ITDS in January 2008, completed an initial Functional Assessment 

and data architecture submissions in 2009, and submitted its USCG Plan for the Using 

ITDS/ACE (ITDS Concept of Operations) to CBP on March 30, 2010. Documentation of 

“as-is” and “to-be” work processes to better understand the likely fit of ACE usage in the 
55

joint port operations of the two agencies is planned for FY 2011. This project will also 

begin identifying shared services needed by USCG and CBP to support their joint 

activities, consistent with DHS’s emerging Service Oriented Architecture.

Next Steps

Define initial data exchange processes with CBP, using DHS OneNet or other available 

DHS services as much as possible. Continue exploring possibilities for a future interface 

with Watchkeeper.

Document scenario-based “as-is” and “to-be” collaborative inter-agency work processes 

at national and field levels. Apply findings from this work to identify shared services 

needed within the DHS Service Oriented Architecture.

Develop field-level procedures for the FY 2011 joint ACE pilot; train USCG personnel 

participating in the pilot.
56

Transportation Security Administration (TSA) - DHS

Border Mission

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

A plan for data exchange has not been developed.

TSA joined ITDS in 2005.

TSA has no persons with access to the ACE Portal.
57

Administration/Logistics Management (A/LM) - State

ITDS Related Mission

The Department of State’s Office of Logistics Management Operations (A/LM), includes 

several Despatch Agencies providing customs clearance and freight forwarding services 

for inbound and outbound property of U.S. Government employees. This includes 

household effects, unaccompanied air baggage and privately-owned vehicles. In 

addition, they offer an extensive International Through Government Bill of Lading 

(ITGBL) service for post–to-U.S. and post-to-post employee reassignment.

When goods arrive at U.S. ports, a Despatch agency acts like a customs broker or 

freight forwarder responsible for filing all CBP Clearance information on behalf of the 

returning employee. This is usually processed via CBP Form 3299 (Declaration for Free 

Entry of Unaccompanied Articles) or a CBP informal entry. While performing this service 

A/LM has noted that CBP documentation requirements are slightly different from port to 

port.

Planned Data Exchange

A plan for data exchange has not yet been developed; prior to proceeding further A/LM 

has requested that CBP review documentation requirements at U.S. ports with the goal 

of promoting uniformity.

Status

A/LM submitted their agency approved Concept of Operations to CBP/ITDS on March 

30, 2009. A/LM was notified by CBP on July 15, 2009, that they could request a filer 

code from CBP and start filing electronic entries to release their shipments. Department 

of State is reviewing this option internally and is reviewing a list of Automated Broker 

Interface (ABI) software vendors.

A/LM has no ACE Portal users. 

Next Steps

A/LM has drafted a Concept of Operations, which is being refined with CBP.

A/LM will decide whether to file electronic entries for shipments of effects imported by 

returning U.S. Government employees.
58

Bureau of Oceans and International Environmental and Scientific Affairs (OES) - State

ITDS Related Mission 

The Department of State’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 Department of State certifies that the harvesting nation either has a 

sea turtle protection program comparable to that of the United States or has a fishing 

environment that does not pose a threat to sea turtles (P.L. 101-62). The Department of 

State is the principal implementing agency for this law, and the National Oceanic and 

Atmospheric Administration Fisheries serve as technical advisors.

Each year the Department of State provides to the Congress and to CBP a list of 

countries that harvest shrimp in a manner that does not pose a threat to sea turtles.

Currently shrimp importers file the Shrimp Exporter’s/Importer’s Declaration (form DS2031) with CBP, which provides certification from either the importer or a foreign 

government official that the product complies with section 609 requirements.

Planned Data Exchange 

OES plans to implement a completely electronic form DS-2031 for shrimp products 

imported into the United States. 

OES may use the ACE Portal to track overall quantifies of imported shellfish.

Unscheduled - M2.3 (Originally 6/2009) – OES will identify shipments which require 

certification and for which the importer or exporter must be certified and report to OES. 

OES will use these data to update files in its own system and to track use of permits. 

OES will also maintain tables in ACE with the same updated information.

Status

The OES joined ITDS in October 2007. 

• OES has not prepared a Concept of Operations statement.

• OES has not prepared a draft Memorandum of Understanding.

In July 2009, OES and CBP determined that OES will continue to require CBP to collect 

the DS-2031 at the time of entry, but only present to CBP upon request via random 

exam (Pre-Release) or audit (Post-Release). The OES “To-Be” process flow for shrimp 

importations was drafted to reflect this process.

OES currently has no ACE Portal users. 
59

Next Steps

OES to draft Concept of Operations for initial submission to CBP.
60

Diplomatic Security/Office of Foreign Missions (DS/OFM) - State

ITDS Related Mission 

The Office of Foreign Missions (OFM) in the Bureau of Diplomatic Security 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

OFM plans to complete automation in 2009 for OFM’s paper-intensive certification 

process for diplomatic shipments.

Embassies will apply to OFM for certification. OFM will provide information of an 

approved certification to the embassy and to CBP through ACE. Importers will identify 

certified shipments as part of the entry filing process and ACE will validate that 

information. 

ACE will facilitate collaboration between OFM and other Participating Government 

Agencies that have admissibility authority over certain diplomatic goods. ACE will collect 

diplomatic shipment information from the OFM e-Government system and notify the 

appropriate Participating Government Agency when necessary.

Unscheduled - M2.3 (Originally 6/2009) – OFM will identify diplomatic shipments that 

require OFM clearance.

OFM will also view Bill of Ladings, CBP entries (3461/7501), Foreign Trade Zone 

admissions, and CBP Bonded Warehouse entries and withdrawals through the ACE 

Portal.

Status

OFM joined ITDS in June 2006. 

In July 2009, the OFM Concept of Operations was approved by OFM and CBP.

OFM has prepared and provided a draft Memorandum of Understanding to CBP.

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.

Next Steps

OFM implementation of its electronic system to replace its paper certification process for 

diplomatic shipments is scheduled to be completed in late 2009.

OFM agrees to Memorandum of Understanding with CBP.
61

Directorate of Defense Trade Controls (DDTC) - State

ITDS Related Mission 

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. DDTC 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

A detailed plan for data exchange has not been developed.

Unscheduled - M2.3 (Originally 6/2009) – DDTC will identify shipments which require 

permits and for which the import or export must be licensed and reported to DDTC. 

DDTC will use these data to update files in its own system and to track use of permits. 

DDTC will also maintain tables in ACE with the same updated information.

DDTC anticipates benefit from access to the ACE Portal for tracking shipments and 

overall quantities of defense trade. There are also possibilities to validate export 

licenses based on information provided to CBP by DDTC in an electronic format.

Status

The DDTC joined ITDS in November 2007. Both the Functional Assessment and the 

DDTC’s “As-Is” operations have been documented.

The DDTC has not yet prepared a Concept of Operations.

DDTC submitted paperwork for staff access to the ACE Portal. A Letter of Exchange is 

in place for DDTC to gain access to the ACE Portal.

DDTC has prepared and submitted to CBP portions of a draft Memorandum of 

Understanding.

Next Steps

CBP to provide Portal Access for DDTC staff.

Further wok by DDTC on hold pending Export Control Reform.
62

Department of Transportation (DOT)

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 (IFDS). 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 (PHMSA)

• Federal Motor Carrier Safety Administration (FMCSA)

Design work on IFDS is underway. At the current rate of development, IFDS will be 

operational in 2012. The DOT estimates that IFDS will cost approximately $1.7 million to 

design, build, test, and deploy.

Status

DOT Concept of Operations was approved by CBP on July 23, 2009. 

Next Steps for IFDS

CBP to review, agree to the DOT Data Memorandum of Understanding.

Bureau of Transportation Statistics (BTS)

ITDS Related Mission 

The BTS, within the Research and Innovative Technology Administration 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 

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 
63

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

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

Federal Aviation Administration (FAA)

ITDS Related Mission 

The FAA enforces regulations governing the transportation of hazardous materials by 

air. 

Planned Data Exchange 

FAA will access entry/entry summary and manifest data through the DOT International 

Freight Data System, including data about hazardous material shipments supplied by 

carriers (air manifest data) and supplied by importers (entry/entry summary data). FAA 

plans to use this information to analyze international hazardous materials transportation 

flows and to enhance the effectiveness of FAA‟s existing hazardous materials 

enforcement programs.

Status

At this time, FAA has no one with ACE Portal access. 

Federal Highway Administration (FHWA)

ITDS Related Mission 

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 

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 improve 

its understanding of national level freight flows, improve its analytic capacity, and to 

better allocate resources among states.

Status

FHWA has no plans to use the ACE Portal.
64

Maritime Administration (MARAD)

ITDS Related Mission 

MARAD administers the Cargo Preference Act of 1954, which reserves a portion of U.S. 

Government sponsored cargo to qualified U.S.-flag privately-owned commercial vessels. 

MARAD regulates how other government agencies must comply with this cargo 

reservation requirement and MARAD is responsible for reporting government-wide 

compliance to Congress. MARAD is also charged with surveying the U.S. merchant 

marine and studying cargo carriage and maritime issues in general, in order to make 

recommendations for new legislation, if needed. To do this, MARAD collects and 

analyzes information from CBP Vessel Management System; 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 

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

data, and conveyance information.

Status

MARAD has five staff members with access to the ACE Portal.

National Highway Traffic Safety Administration (NHTSA)

ITDS Related Mission 

NHTSA monitors imported motor vehicles and motor vehicle equipment to ensure 

compliance with applicable Federal motor vehicle safety standards (FMVSS). NHTSA’s 

regulations require each person importing a motor vehicle or regulated item of motor 

vehicle equipment to file with CBP an HS-7 Declaration form. HS-7 Declarations that 

are filed electronically in CBP’s Automated Commercial System are forwarded to 

NHTSA Motor Vehicle Importation Information (MVII) database.

NHTSA also registers importers of motor vehicles that were not originally manufactured 

to comply with all applicable FMVSS. NHTSA’s regulations also require an importer of a 

nonconforming vehicle to obtain a DOT Conformance Bond (separate from the general 

obligation importer’s bond) to ensure that the vehicle is brought into conformity.

Planned Data Exchange 

Using the ACE Portal, NHTSA will maintain a file in ACE that identifies persons and 

businesses licensed to import non-conforming vehicles. CBP currently provides HS-7 
65

and entry/entry summary transactional information to NHTSA twice a week on CDs that 

are entered into the agency’s Motor Vehicle Importation Information (MVII) database. It 

is planned that the IFDS, when fully functional, will feed data to the MVII database and 

that NHTSA will use IFDS to monitor “HS-7” and other entry/entry summary data filed by 

importers of motor vehicles and motor vehicle equipment.

Status

NHTSA has an existing Interconnection Security Agreement with CBP for the purpose of 

transferring data from CBP’s Automated Commercial System to NHTSA’s MVII database 

through a system-to-system interface. CBP’s regulations authorize the agency to act on 

NHTSA’s behalf with regard to the “HS-7” requirements (see 19 CFR 12.80).

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

Pipeline and Hazardous Materials Safety Administration (PHMSA)

ITDS Related Mission

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 

PHMSA will access entry/entry summary and manifest data through the DOT 

International Freight Data System. PHMSA will rely on hazardous materials 

identification information, such as the UN identification number and Hazard Class, that 

have been included in the standard data set of the ITDS.
66

Status

PHMSA joined ITDS in August 2007.

Federal Motor Carrier Safety Administration (FMCSA)

ITDS Related Mission Using IFDS

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

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

At this time, FMCSA has no one with ACE Portal access.

ITDS Related Mission Using Query Central 

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 and operating 

throughout 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 what further follow-up is required. The FMCSA 

screening results will also be transmitted, via ACE, to carriers in order 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 

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. When an 

electronic truck manifest is validated by CBP, information related to the 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 
67

safety score. The screening results will be transmitted back to CBP and the carriers or 

their agents within approximately eight seconds of manifest submission.

Status

The interface between CBP and FMCSA has been tested with actual carrier data. The 

purpose of the test was to evaluate the volume of screening issues and system 

screening performance.

Over the next two years, various functions can be phased in. Deployed into production 

in April 2008, although not yet used by FMCSA, the capability for FMCSA to screen 

manifest information as well as notification to carriers or their agents of FMCSA-related 

issues was completed in April 2008. With a later phase, FMCSA-related manifest issues 

will display a warning for CBP officers to refer the vehicle in question to an FMCSA 

inspection location. With the deployment of the final phase, critical FMCSA issues will 

result in CBP rejection of the manifest. FMCSA and CBP entered into a Memorandum 

of Understanding for the exchange of ACE data between the two agencies in early 2010.

CBP has approved phase one of the FMCSA CONOPs.

Next Steps

FMCSA and CBP have signed a Memorandum of Understanding.

FMCSA will develop an enforcement strategy to address safety compliance issues 

identified by this data exchange. 

• FMCSA to obtain portal access.

• FMCSA will conduct user and load testing of the ACE/Query Central Interface.

• FMCSA and CBP will develop and distribute outreach material to the motor 

carrier and trade communities.
68

Financial Crimes Enforcement Network (FinCEN) - Treasury

ITDS Related Mission 

FinCEN’s mission is to enhance U.S. national security, deter and detect criminal activity, 

and safeguard financial systems from abuse by promoting transparency in the United 

States and international financial systems.

Planned Data Exchange and Status

FinCEN is testing the use of data from the ACE Portal for analysis use in their activities 

related to supporting the financial, law enforcement, and regulatory communities.

Status

FinCEN joined ITDS in October 2008.

FinCEN and CBP signed a Letter of Exchange dated May 21, 2010, allowing access to 

ACE Portal for a period of one year. It is anticipated that upon successful testing both 

parties will seek a formal Memorandum of Understanding. 

FinCEN has 11 personnel who have been given access to ACE Portal access.
69

Internal Revenue Service (IRS) - Treasury

ITDS Related Mission 

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 

The IRS will obtain information reported by importers (entry summary data) and Foreign 

Trade Zone (FTZ) 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 notification to 

trade at time of entry, of taxes due. The IRS will provide ACE with Vehicle Identification 

Numbers (VINs) and other information to enable ACE to identify those Heavy Highway 

Vehicles (HHV) 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.

The IRS has the capability to view name, address, and contact information for importers, 

brokers, and carriers.

April 12, 2009 - A2.2 (Originally 3/2009) – IRS has access to entry summary data from 

consumption entries and informal entries that it uses for research and analysis. The IRS 

also uses data from ACE to determine if importers/consignees of taxable commodities 

are registered.

Unscheduled - M1 – IRS will have the capability to view rail and sea manifests through 

the ACE Portal. IRS will use ACE to correlate manifest and entry data in order to link 

specific shipments and modes of transportation.

Unscheduled - A2.3.2 and A2.3.3 (Originally 6/2010) – IRS will have access to the 

remainder of the entry summary types for research and analysis. ACE will provide 

importers with notice that certain excise taxes are due at entry summary. The IRS will 

have access to entry summary information on taxable commodities through the ACE 

Portal.

Status

IRS’ Concept of Operations was approved July 23, 2009. 
70

The IRS completed a draft Data Memorandum of Understanding which is now under 

review with CBP. Discussions indicate additional language will be necessary regarding 

disclosure and security of the data. 

The IRS has two people with access to the ACE Portal.

Next Steps

IRS and CBP must finalize the Memoranda of Understanding (Data and Operational). 

Development and coordination of the operational MOU will begin in FY 2011.
71

Office of Foreign Assets Control (OFAC) - Treasury

ITDS Related Mission 

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 subject to U.S. Government regulation. 

Planned Data Exchange 

OFAC currently has the ability to the ACE Portal to retrieve entry summary information 

and additional account and reference information for research and analysis. 

Country sanction lists and license data provided to ACE by OFAC will be used by CBP 

to determine admissibility of imports and exports. 

OFAC will also use the ACE Portal to update and maintain the SDN List in ACE. 

Unscheduled - M1 (Originally June 2009) – OFAC will have access to rail and vessel 

manifest and could make referrals to other agencies, as needed. 

Unscheduled - M2.3 – OFAC will use ACE to maintain OFAC sanction list and license 

data.

Status

The OFAC Concept of Operations was approved by OFAC and CBP in November 2006. 

The draft Data Memorandum of Understanding is currently being reviewed by OFAC.

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

Next Steps

OFAC and CBP must finalize the appropriate Memoranda of Understanding (Data and 

Operational).
72

Alcohol and Tobacco Tax and Trade Bureau (TTB) - Treasury

ITDS Related Mission 

The Alcohol and Tobacco Tax and Trade Bureau (TTB) issues permits to importers of 

alcohol and 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 and tobacco imports and exports to ensure permit, and tax 

requirements are being met, and also monitors imports of alcoholic beverages to ensure 

label requirements are met in case of threats to public health. Typically, the information 

that TTB monitors 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 

TTB will review entry/entry summary data for importations of alcohol and tobacco 

through the ACE Portal. TTB will update databases of importer permits and approved 

labels within ACE. ACE will validate the importer permit information and allow for 

validation of the label approval number filed by importers. TTB will provide CBP access 

to its data base of approved alcohol labels (COLAS on Line) via an upload to ACE, 

which will enable ACE to validate the numbers. CBP can also implement a system-tosystem interface over the internet that will allow 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. 

April 12, 2009 - A2.2 (Originally 10/2008) – TTB can access entry summary and 

collection information to monitor for compliance.

Unscheduled - M2.3 (Originally 6/2010) – TTB will use the ACE Portal to add permit 

information to ACE importer account files for CBP to use as a reference that eventually 

will allow ACE to automatically validate permit numbers submitted by importers.

Unscheduled - M3 (Originally 7/2010) – TTB will access export transaction information to 

monitor for export shipment compliance.

Status

TTB submitted and updated several versions of their Concept of Operations to CBP for 

review and approval. Currently, TTB is waiting on CBP for their review and approval of 

the Concept of Operations.

A draft Memorandum of Understanding between TTB and CBP has been prepared and 

is being reviewed by CBP. 
73

TTB has access now through the ACE Portal to data filed by importers (entry/entry 

summary data). 

TTB has 21 staff with access to the ACE Portal.

Next Steps

TTB and CBP must finalize the appropriate Memoranda of Understanding (Data and 

Operational).
74

U.S. Consumer Product Safety Commission (CPSC)

ITDS Related Mission 

The U.S. Consumer Product Safety Commission’s (CPSC) mission is to protect children 

and families against unreasonable risk of injury and death from thousands of types of 

consumer products. Most of the consumer products used by Americans are not

manufactured in the United States. Today, over 85 percent of toys, 95 percent of 

fireworks, and 59 percent of electrical products are manufactured in other countries, 

notably China.

CPSC is currently using the ACE Portal to identify shipments of potentially noncomplying or otherwise unsafe imported products. The agency directs CBP to hold 

suspect cargo to allow time for CPSC field investigators to conduct on-site examinations.

Planned Data Exchange 

CPSC already has access through the ACE Portal to import profiles, shipment data, and 

importer contact information. Other areas of interest to the agency include streamlining

communication with CBP with regard to:

• CPSC decisions to hold/release shipments,

• Products under heightened scrutiny or “alert,” and

• Notifications to CBP and the trade during the import process (e.g., Notice of 

Sample Collection and Conditional Release of Product).

Unscheduled - M1 (Originally 10/2008) – CPSC to identify shipments of suspect 

consumer product imports and request CBP to hold these goods at arrival to allow 

CPSC staff to investigate and identify potential consumer safety issues.

Unscheduled - M2.3 (Originally 6/2009) – Again, CPSC to identify shipments of suspect 

consumer product imports and request CBP to hold these goods at arrival to allow 

CPSC staff to investigate and identify potential consumer safety issues. CPSC will also 

use this functionality to provide notifications to CBP and the trade regarding the actions 

the Commission is taking (e.g., samples, entry refusal).

CPSC is planning a revision of its current case management software IFS (Integrated 

Field System) to interface with ACE.

CPSC is working with CBP in regards to building rule sets in CBP’s Targeting and 

Screening System (ATS). CPSC and CBP signed a Memorandum of Understanding in 

April 2010, which allows CPSC access to CBP’s Automated Targeting System through 

the Import Safety Commercial Targeting and Analysis Center (CTAC). 

Status

CPSC has conducted operational discussions with CBP and completed a revision of its 

Concept of Operations. The revised Concept of Operations has been submitted to CBP 

for approval.
75

There are 28 CPSC staff members who have access to data on imports through the 

ACE Portal.

Next Steps

Continue negotiations on the ITDS/ACE Data MOU.

CPSC is working on building rule sets for ATS.

An Operational Memorandum of Understanding has been submitted to CBP for review. 

The agencies will continue to negotiate the terms of this document.

CPSC is participating in a pilot program that involves incorporating imaging functionality 

into ACE. CPSC looks forward to this new capability as it will allow for key admissibility 

documents to be captured.
76

Environmental Protection Agency (EPA)

ITDS Related Mission 

The Environmental Protection Agency (EPA) regulates importation of 

• Ozone depleting substances, vehicles and engines, fuels and fuel additives 

subject to the Clean Air Act (CAA), 

• Pesticides subject to the Federal Insecticide, Fungicide and Rodenticide Act 

(FIFRA), 

• Chemical substances and chemical mixtures subject to the Toxic Substances 

Control Act (TSCA), and 

• Hazardous wastes subject to the Resource Conservation and Recovery Act 

(RCRA). 

Currently, CBP collects import documentation required by EPA such as the EPA 

Importation Declaration Forms for vehicles and engines and TSCA certification 

statements, and follows EPA instructions on the admissibility of pesticides through the 

Notice of Arrival (NOA) process. EPA performs port of entry inspections, conducts 

follow-up inspections of these materials at importers of record or ultimate consignees, 

and carries out other investigative activities for enforcement actions authorized by these 

four environmental statutes.

Planned Data Exchange 

EPA is considering how to use ACE to administer

• Importation Declaration Forms and exception letters for motor vehicles and 

engines,

• Identification of hazardous waste imports that may have occurred without having 

obtained consent from EPA,

• Notices of Arrival for pesticides,

• TSCA import requirements, including import certifications, for certain chemical 

substances and mixtures, 

• Import allocations for ozone depleting substances, and

• Determinations of whether fuels or fuel additives are registered with EPA.

EPA is considering how to use ACE to

• Be notified of an importation of regulated products,

• Make admissibility decisions,

• Inform enforcement priorities,

• Review imports of hazardous wastes to assist in determining appropriate followup action, and

• Obtain general commodity, importer, and broker import data to review importer 

compliance, to prepare for facility inspections, and to analyze compiled 

information.
77

Some of these functions will be implemented through system-to-system interfaces 

between ACE and EPA systems. EPA will be able to communicate with CBP border 

control personnel. EPA will have access to data stored in ACE.

Unscheduled - M1 (Originally June 2009) – EPA will be able to request that suspect 

shipments be held on the basis of rail or sea manifest information.

Unscheduled - M2.3 – EPA will use ACE to identify and monitor:

• Imports that are regulated by EPA, and

• Expired or otherwise improperly used import permits or certificates.

Unscheduled - M3 – EPA will access export information to monitor regulatory 

compliance with export requirements.

Status

EPA currently uses the ACE Portal to track shipments of ozone depleting substances, 

vehicles, or engines subject to CAA standards, pesticides subject to FIFRA, and 

chemicals regulated under TSCA. Noncompliant or illegal imports have been identified

and enforcement actions taken by EPA. 

EPA has seven staff members with access to the ACE Portal. EPA plans to increase the 

number of active users of ACE.

The EPA Concept of Operations has been approved and accepted by Customs and 

Border Protection. Regulatory changes may be required to implement the planned data 

exchanges noted above.

Next Steps

Negotiate Memoranda of Understanding (Data and Operational) with CBP that details 

the cooperative relationship between the two agencies, including such items as 

respective roles and responsibilities and the rules for sharing of data.

Conduct a demonstration pilot for system-to-system interoperability using web services.

Participate in a pilot to utilize images of EPA-required data for TSCA certifications, 

FIFRA (Pesticides) Notice of Arrivals (NOAs), and Vehicle/Engine Declarations at select 

ports of entry.
78

Federal Communications Commission (FCC)

ITDS Related Mission 

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 RF 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 

Unscheduled - A2.4 (Originally 1/2011) – FCC to view and extract data on FCCregulated 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

The FCC Concept of Operations was approved by the FCC and CBP in February 2007. 

FCC legal counsel is drafting a Memorandum of Understanding agreement. 

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

Next Steps

CBP to approve FCC Memorandum of Understanding.
79

Federal Maritime Commission (FMC)

ITDS Related Mission 

The Federal Maritime Commission (FMC) registers all Ocean Transportation 

Intermediaries (OTIs) (freight forwarders and non-vessel operating common carriers) 

doing business at U.S. ports and issues licenses to domestic OTIs 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 

FMC currently uses the CBP system, the Automated Commercial System, 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 either use online, interactive access to ACE or batch downloads to input 

license information into ACE on those licenses issued by FMC. This data will be used to 

validate information provided to CBP by carriers.

August 2007 - A1 – FMC will be able to attach OTI licenses and PVO certificates to 

carrier accounts. (FMC plans to upload several thousand account-based blanket 

licenses and certificates.)

Unscheduled - M1 (Originally 10/2008) – FMC will be able to have sea manifest 

information validated against their list of licensed or registered OTIs. FMC will be able to 

identify unlicensed or unregistered OTI operators as well as monitor the operation of 

licensed OTIs and those carriers with whom they do business.

Unscheduled - M2.1 – 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 certificated PVOs and 

their vessels.

Status

FMC has 13 staff with access to the ACE Portal.

The current limit on records that may be obtained through a query through the ACE 

Portal means that the ACE Portal does not currently meet all FMC needs. 
80

The FMC Concept of Operations Version 7.0 is currently under review by CBP.

FMC has also submitted a draft Memorandum of Understanding to CBP but the final 

agreement awaits approval of their Concept of Operations and consideration of FMC’s 

request for access to the Automated Targeting System for investigative purposes.

Next Steps

CBP approval of FMC Concept of Operations Version 7.0 (dated September 2009).
81

International Trade Commission (ITC)

ITDS Related Mission 

The International Trade Commission (ITC) responds to requests from the President, 

usually through the United States Trade Representative, 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 HTSUSA provides the applicable tariff rates and 

statistical categories for all merchandise imported into the United States. 

Planned Data Exchange 

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

February 2009 – ITC released its new HTS Online Reference Tool, a comprehensive 

website for users of the HTS which provides a web-based source for HTS-related 

information. There are direct links to the HTS Online Reference Tool from the ACE 

Portal. 

April 12, 2009 - A2.2 (Originally 10/2008) – ITC can obtain an extract of entry summary 

data and importer and foreign manufacturer information to use for ITC investigations and 

certain reports.

Unscheduled - A2.3.1 (Originally 10/2007) – 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 HTSUSA file used for processing entry 

summaries. Also, a unique user role, titled “ITC HTSUSA Administrator,” will provide 

ITC the capability to view and validate the HTSUSA updates that CBP makes. 

Unscheduled - A2.3.2 and A2.3.3 (Originally 6/2010) – ITC will have access to the 

remainder of the entry summary type transaction information for research and analysis.

Status

The ITC Concept of Operations has been approved by CBP. A Memorandum of 

Understanding has been agreed to, but subsequent deliveries may require an updated 

Memorandum of Understanding between ITC and CBP. 

Currently six ITC staff members have access to data through the ACE Portal. 
82

Nuclear Regulatory Commission (NRC)

ITDS Related Mission 

The Nuclear Regulatory Commission (NRC) Office of International Programs issues 

import and export licenses for certain nuclear material, components, and commodities. 

In some instances, pre-shipment notifications are required for import or export of

radioactive by-product material. The NRC receives these notifications and 

communicates the notices to Customs and Border Protection (CBP) via email. The NRC 

coordinates with CBP to deny entry, if required, and provide for safe disposition of cargo.

Planned Data Exchange 

The NRC could benefit from accessing data reported during the entry process. NRC will 

not request any new data elements be provided from the Trade through ACE.

Status

The NRC joined ITDS in January 2007, under a draft Memorandum of Understanding 

(MOU). Access to ITDS was subsequently suspended pending a finalized MOU.

Next Steps

The NRC is working with CBP to finalize a Data Memorandum of Understanding.

Since the NRC will only access data, a Concept of Operations is not necessary. 
83

Office of the United States Trade Representative (USTR)

ITDS Related Mission 

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

A plan for data exchange has not been developed.

USTR’s most likely use would be to download data from the ACE Portal for analysis use 

in formulating trade policy, negotiating positions, and for evaluating compliance with 

trade agreements.

Status

The USTR joined ITDS in 1995 and has no persons with ACE Portal access.
84

U.S. Agency for International Development (USAID)

ITDS Related Mission 

The mission of USAID is to provide humanitarian aid and development assistance to 

lesser developed countries. USAID has become the Federal Government’s second 

largest exporter, behind only the Department of Defense. USAID typically awards 

contracts/grants to U.S. entities who arrange for delivery of goods/commodities via 

U.S.-flagged carriers.

The ITDS will enable USAID to track its exports. 

Planned Data Exchange 

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

Status

USAID joined ITDS in the fourth quarter of 2007.

The USAID has no ACE Portal users.

Next Steps

USAID to prepare draft Concept of Operations for initial submission to CBP.
Appendices 

 

APPENDICES

APPENDIX A.1: LIST OF AGENCIES – ALPHABETICAL BY DEPARTMENT .............. 88

APPENDIX A.2: LIST OF AGENCIES – ALPHABETICAL BY AGENCY NAME ............ 89

APPENDIX B: AGENCY BOARD MEMBERS AND CONTACTS................................... 90

APPENDIX C: ACE PORTAL USERS........................................................................... 91

APPENDIX D: SAFE PORT ACT TEXT ........................................................................ 92

APPENDIX E: MEMORANDUM FROM CBP................................................................. 94

APPENDIX F: HISTORY OF ITDS ................................................................................ 98

APPENDIX G: STATUS OF MOUs.............................................................................. 101
88

APPENDIX A.1: LIST OF AGENCIES – ALPHABETICAL BY DEPARTMENT

Department or Independent Agency Agency/Acronym

1 Agriculture AMS, Agricultural Marketing Service

2 Agriculture APHIS, Animal and Plant Health Inspection Service

3 Agriculture FAS, Foreign Agricultural Service

4 Agriculture FSIS, Food Safety and Inspection Service

5 Agriculture GIPSA, Grain Inspection, Packers and Stockyards Administration 

6 Commerce BIS, Bureau of Industry and Security

7 Commerce Census, Bureau of the Census

8 Commerce FTZB, Foreign Trade Zones Board

9 Commerce IA, Import Administration

10 Commerce NMFS, National Marine Fisheries Service

11 Defense USACE, U.S. Army Corps of Engineers

12 Defense DCMA, Defense Contracts Management Agency

13 Energy EIA, Energy Information Administration

14 Energy OFE, Office of Fossil Energy

15 Energy OGC, Office of General Counsel

16 Interior FWS, U.S. Fish and Wildlife Service

17 Justice ATF, Bureau of Alcohol, Tobacco, Firearms, and Explosives

18 Justice DEA, Drug Enforcement Administration

19 Labor BLS, Bureau of Labor Statistics

20 Health and Human Services CDC, Centers for Disease Control and Prevention

21 Health and Human Services FDA, Food and Drug Administration

22 Homeland Security CBP, Customs and Border Protection

23 Homeland Security TSA, Transportation Security Administration

24 Homeland Security USCG, U.S. Coast Guard

25 State A/LM, State Despatch Office, Office of Logistics and Management

26 State OES, Bureau of Oceans and International Environmental and Scientific Affairs

27 State OFM, Office of Foreign Missions

28 State DDTC, Directorate of Defense Trade Controls

29 Transportation BTS, Bureau of Transportation Statistics

30 Transportation FAA, Federal Aviation Administration

31 Transportation FHWA, Federal Highway Administration

32 Transportation MARAD, Maritime Administration

33 Transportation NHTSA, National Highway Traffic Safety Administration

34 Transportation PHMSA, Pipeline and Hazardous Materials Safety Administration

35 Transportation FMCSA, Federal Motor Carrier Safety Administration 

36 Treasury FinCEN, Financial Cimes Enforcement Network

37 Treasury IRS, Internal Revenue Service

38 Treasury OFAC, Office of Foreign Assets Control

39 Treasury TTB, Alcohol and Tobacco Tax and Trade Bureau

40 Independent Agency CPSC, Consumer Product Safety Commission

41 Independent Agency EPA, Environmental Protection Agency

42 Independent Agency FCC, Federal Communications Commission

43 Independent Agency FMC, Federal Maritime Commission

44 Independent Agency ITC, U.S. International Trade Commission

45 Independent Agency NRC, U.S. Nuclear Regulatory Commission

46 Independent Agency USAID, U.S. Agency for International Development

47 Independent Agency USTR, U.S. Trade Representative 

ITDS Agencies 
89

APPENDIX A.2: LIST OF AGENCIES – ALPHABETICAL BY AGENCY NAME

Agency/Acronym Department or Independent Agency

1 AMS, Agricultural Marketing Service Agriculture

2 APHIS, Animal and Plant Health Inspection Service Agriculture

3 A/LM, State Despatch Office, Office of Logistics and Management State

4 ATF, Bureau of Alcohol, Tobacco, Firearms, and Explosives Justice

5 BIS, Bureau of Industry and Security Commerce

6 BLS, Bureau of Labor Statistics Labor

7 BTS, Bureau of Transportation Statistics Transportation

8 CBP, Customs and Border Protection Homeland Security

9 CDC, Centers for Disease Control and Prevention Health and Human Services

10 Census, Bureau of the Census Commerce

11 CPSC, Consumer Product Safety Commission Independent Agency

12 DEA, Drug Enforcement Administration Justice

13 DCMA, Defense Contracts Management Agency Defense

14 EIA, Energy Information Administration Energy

15 EPA, Environmental Protection Agency Independent Agency

16 FAA, Federal Aviation Administration Transportation

17 FAS, Foreign Agricultural Service Agriculture

18 FCC, Federal Communications Commission Independent Agency

19 FDA, Food and Drug Administration Health and Human Services

20 FHWA, Federal Highway Administration Transportation

21 FinCEN, Financial Crimes Enforcement Network Treasury

22 FMC, Federal Maritime Commission Independent Agency

23 FMCSA, Federal Motor Carrier Safety Administration Transportation

24 FSIS, Food Safety and Inspection Service Agriculture

25 FTZB, Foreign Trade Zones Board Commerce

26 FWS, U.S. Fish and Wildlife Service Interior

27 GIPSA, Grain Inspection, Packers, and Stockyards Administration Agriculture

28 IRS, Internal Revenue Service Treasury

29 IA, Import Administration Commerce

30 ITC, International Trade Commission Independent Agency

31 MARAD, Maritime Administration Transportation

32 NHTSA, National Highway Traffic Safety Administration Transportation

33 NMFS, National Marine Fisheries Service Commerce

34 NRC, U.S. Nuclear Regulatory Commission Independent Agency

35 OES, Bureau of Oceans and International Environmental and Scientific Affairs State

36 OFAC, Office of Foreign Assets Control Treasury

37 OFE, Office of Fossil Energy Energy

38 OFM, Office of Foreign Missions State

39 OGC, Office of General Counsel Energy

40 PHMSA, Pipeline and Hazardous Materials Safety Administration Transportation

41 DDTC, Directorate of Defense Trade Controls State

42 TSA, Transportation Security Administration Homeland Security

43 TTB, Alcohol and Tobacco Tax and Trade Bureau Treasury

44 USACE, U.S. Army Corps of Engineers Defense

45 USAID, U.S. Agency for International Development Independent Agency

46 USCG, U.S. Coast Guard Homeland Security

47 USTR, U.S. Trade Representative Independent Agency

ITDS Agencies
90

APPENDIX B: AGENCY BOARD MEMBERS AND CONTACTS AGENCY ACCRNYM Board Member Lead Contact Sr. Official Department of Homeland Security DHS Chakris Raungtriphop DHS Transportation Security Administration TSA Steve Rice DHS U.S. Customs and Border Protection CBP Susan Dyszel Susan Dyszel Cynthia Allen USCG United States Coast Guard USCG Susan Henry Dana Gow ard Department of Commerce DOC DOC Bureau of the Census (Census) CENSUS Diane Oberg Steve Bulman Nick Orsini DOC Foreign Trade Zones Board FTZB Pierre Duy Elizabeth Whiteman Stephen Claeys DOC National Marine Fisheries Service NMFS Chris Rogers John Reghi John Oliver DOC Import Administration IA Tom Futtner Davina Hashmi Stephen Claeys DOC Bureau of Industry and Security BIS Jose Rodriguez Gerry Horner Eddie Donnell Department of Defense DOD DOD U.S. Army Corps of Engineers USACE Doug McDonald Doug McDonald DOD Defense Contract Management Agency DCMA Genevieve Frost James Rardon Michael R. Williams Department of Energy DOE Robert Corbin DOE Office of Fossil Energy OFE John Anderson Lisa Tracy Guido Dehoratiis DOE Office of Oil and Gas EIA Mark Mayo Mark Mayo John Cook Department of the Interior DOI DOI U.S. Fish and Wildlife Service FWS Benito Perez Sheila Einsw eiler Benito Perez Department of Justice DOJ Frank Moreno DOJ Bureau of Alcohol, Tobacco, Firearms, and Explosives ATF Daniel Privell LuAnn Alspach Richard Holgate DOJ Drug Enforcement Administration DEA Mark Via Mark Via Joe Rannazzisi Department of Labor DOL DOL Bureau of Labor Statistics BLS Steven Paben Jeffrey Blaha William Alterman Department of State STATE STATE Office of Foreign Missions OFM Cliff Seagroves Cliff Seagroves STATE State Despatch Office, Office of Logistics and Management A/LM Gerry Marandino Gerry Marandino STATE Directorate of Defense Trade Controls PMDDTC Patricia Slygh Patricia Slygh STATE Bureau of Ocean and Scientific Affairs OES David Hogan David Hogan Department of Transportation DOT Donna Seymour DOT Federal Aviation Administration FAA Deborah Johnson Donna Seymour DOT National Highw ay Traffic Safety Administration NHTSA Deborah Johnson Coleman Sachs DOT Federal Motor Carrier Safety Administration FMCSA Deborah Johnson Marcelo Perez DOT Maritime Administration MARAD Deborah Johnson DOT Bureau of Transportation Statistics BTS Deborah Johnson DOT Pipeline and Hazardous Materials Safety Administration PHMSA Deborah Johnson DOT Federal Highw ay Administration FHWA Deborah Johnson Department of Health and Human Services HHS HHS Food and Drug Administration FDA Max Castillo Max Castillo Lori Davis HHS Centers for Disease Control and Prevention CDC James Seligman Yoon Miller Michael Carleton Department of Agricultural USDA Bruce Summers USDA Agricultural Marketing Service AMS Bruce Summers Michiko Shaw

USDA Food Safety and Inspection Service FSIS Mary Stanley Mary Stanley William Smith

USDA Animal and Plant Health Inspection Service APHIS John Payne Cornelia Mueller John PayneUSDA Foreign Agricultural Service FAS Ron Lord Ron Lord

USDA Grain Inspection, Stockyards and Packers Administration GIPSA Bryon Reilly Randall Jones

Department of Treasury TREAS Tim Skud

Treasury Internal Revenue Service IRS Linda Morris Linda Morris Ricky Stiff

Treasury Alcohol and Tobacco Tax and Trade Bureau TTB Jerry Bow erman Debbie Pereira Robert HughesTreasury Office of Foreign Assets Control OFAC Dale Thompson Dale Thompson Liz FarrowTreasury Financial Crimes Enforcement Netw ork FINCEN Erick Malette

IND Federal Communications Commission FCC Gabriel Collazo

IND U.S. International Trade Commission ITC Mara Alexander Mara Alexander

IND Federal Maritime Commission FMC Sandra Kusumoto Jim Carey Peter KingIND Environmental Protection Agency EPA Andy Battin Roy ChaudetIND Consumer Product Safety Commission CPSC Jim Joholske Jim Joholske

IND U.S. Nuclear Regulatory Commission NRC Janice Ow ens Steve Baker

IND Office of U.S.Trade Representative USTR David Walters

IND U.S. Agency for International Development USAID Paul Vicinanzo Kenneth Kerttula
91

APPENDIX C: ACE PORTAL USERS

AGENCY Total

AMS 40

APHIS 124

ATF 19

BIS 1

BLS 3

BTS 3

CENSUS 20

CPSC 28

EPA 7

FAS 7

FCC 2

FDA 1

FinCEN 11

FMC 13

FSIS 46

FTZB 2

FWS 114

IA 50

IRS 2

ITC 6

MARAD 5

NHTSA 1

NMFS 71

OFAC 7

OFM 9

TTB 21

USCG 2

Grand Total 615

Employees Using ACE Portal as of 

December 10, 2010

27 Total Number of PGAs on Portal

615 Total Number of PGA Users on Portal
92

APPENDIX D: SAFE PORT ACT TEXT

H.R. 4954

An Act

To improve maritime and cargo security through enhanced layered defenses, and

for other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled, SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

 (a) SHORT TITLE.—This Act may be cited as the ‘‘Security and

 Accountability For Every Port Act of 2006’’ or the ‘‘SAFE Port Act’’.

SEC. 405. INTERNATIONAL TRADE DATA SYSTEM. 

Section 411 of the Tariff Act of 1930 (19 U.S.C. 1411) is

amended by adding at the end the following:

 ‘‘(d) INTERNATIONAL TRADE DATA SYSTEM.—

 ‘‘(1) ESTABLISHMENT.—

‘‘(A) IN GENERAL.—The Secretary of the Treasury (in

this subsection, referred to as the ‘Secretary’) shall oversee

the establishment of an electronic trade data interchange

system to be known as the ‘International Trade Data

System’ (ITDS). The ITDS shall be implemented not later

than the date that the Automated Commercial Environment

(commonly referred to as ‘ACE’) is fully implemented.

‘‘(B) PURPOSE.—The purpose of the ITDS is to eliminate

redundant information requirements, to efficiently regulate

the flow of commerce, and to effectively enforce laws and

regulations relating to international trade, by establishing

a single portal system, operated by the United States Customs

and Border Protection, for the collection and distribution

of standard electronic import and export data required

by all participating Federal agencies.

‘‘(C) PARTICIPATION.—

‘‘(i) IN GENERAL.—All Federal agencies that require

documentation for clearing or licensing the importation

and exportation of cargo shall participate in the ITDS.

‘‘(ii) WAIVER.—The Director of the Office of

Management and Budget may waive, in whole or in

part, the requirement for participation for any Federal

agency based on the vital national interest of the

United States.

‘‘(D) CONSULTATION.—The Secretary shall consult with

and assist the United States Customs and Border Protection

and other agencies in the transition from paper to

electronic format for the submission, issuance, and storage

of documents relating to data required to enter cargo into

the United States. In so doing, the Secretary shall also

consult with private sector stakeholders, including the

Commercial Operations Advisory Committee, in developing

uniform data submission requirements, procedures, and

schedules, for the ITDS.

‘‘(E) COORDINATION.—The Secretary shall be responsible

for coordinating the operation of the ITDS among

the participating agencies and the office within the United

States Customs and Border Protection that is responsible
93

for maintaining the ITDS.

 ‘‘(2) DATA ELEMENTS

.—

‘‘(A) IN GENERAL.—The Interagency Steering Committee

(established under paragraph (3)) shall, in consultation

with the agencies participating in the ITDS, define

the standard set of data elements to be collected, stored,

and shared in the ITDS, consistent with laws applicable

to the collection and protection of import and export

information. The Interagency Steering Committee shall

periodically review the data elements in order to update

the standard set of data elements, as necessary.

‘‘(B) COMMITMENTS AND OBLIGATIONS.—The Interagency

Steering Committee shall ensure that the ITDS

data requirements are compatible with the commitments

and obligations of the United States as a member of the

World Customs Organization (WCO) and the World Trade

Organization (WTO) for the entry and movement of cargo.

 ‘‘(3) INTERAGENCY STEERING COMMITTEE.—There is established

 an Interagency Steering Committee (in this section,

 referred to as the ‘Committee’). The members of the Committee

 shall include the Secretary (who shall serve as the chairperson

 of the Committee), the Director of the Office of Management

 and Budget, and the head of each agency participating in

 the ITDS. The Committee shall assist the Secretary in overseeing

 the implementation of, and participation in, the ITDS.

 ‘‘(4) REPORT.—The President shall submit a report before

 the end of each fiscal year to the Committee on Finance of

 the Senate and the Committee on Ways and Means of the

 House of Representatives. Each report shall include information

 on—

‘‘(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.

 ‘‘(5) SENSE OF CONGRESS.—It is the sense of Congress that

 agency participation in the ITDS is an important priority of

 the Federal Government and that the Secretary shall coordinate

 the operation of the ITDS closely among the participating agencies

 and the office within the United States Customs and Border

 Protection that is responsible for maintaining the ITDS.

 ‘‘(6) CONSTRUCTION.—Nothing in this section shall be construed

 as amending or modifying subsection (g) of section 301

 of title 13, United States Code.

 ‘‘(7) DEFINITION.—The term ‘Commercial Operations

 Advisory Committee’ means the Advisory Committee established

 pursuant to section 9503(c) of the Omnibus Budget Reconciliation

 Act of 1987 (19 U.S.C. 2071 note) or any successor committee.’’.
94

APPENDIX E: MEMORANDUM FROM CBP
95
96
97
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APPENDIX F: HISTORY OF ITDS

1993: Origins

The original concept for ITDS is documented in the 1993 Future Automated Commercial 

Environment Team (FACET) Report. Customs commissioned FACET to make 

recommendations for the redesign of its commercial processing systems. Customs 

directed the team to examine international trade processes from both the government 

and the trade community perspectives and to employ modern information management 

technologies. 

The FACET Report included the following key recommendations: 

• Original commercial data should be used as the basis for government trade 

processing. 

• Import and export requirements should be standardized and integrated. 

• Integrated government oversight of trade.

An integrated trade database and processing infrastructure should address both the 

needs of the various government agencies as well as the public’s need for international 

trade information.

1995: ITDS Established

In June 1994, the Office of the Vice President issued a report of the National 

Performance Review entitled Creating a Government That Works Better and Costs Less 

- Reengineering through Information Technology. That sub-report identified thirteen 

Information Technology initiatives expected to provide "the essential infrastructure for 

government of the 21st century...and give citizens broader, timelier access to information 

and services through efficient, customer-responsive processes." 

A multi-agency task force was formed representing 53 agencies to address the sixth 

recommendation that calls for the implementation of an International Trade Data 

System. This system is to meet the needs of the Federal Government agencies involved 

in international trade, those of the business community, and the general public. 

This report led to Vice Presidential Memorandum IT-06 on September 15, 1995, which 

chartered the ITDS Project Office in the Department of the Treasury. The project office 

oversaw the federal government information technology initiative that was tasked to 

implement an integrated, government-wide system for the electronic collection, use, and 

dissemination of international trade data. ITDS would provide a single window through 

which the trade community would submit its commercial data, promising to create a 

government that works better and costs less by: 
99

• Reducing the cost, and burden of processing international trade transactions for 

both the private trade community and the government 

• Improving the enforcement of and compliance with government trade 

requirements (e.g., public health, safety, export control, etc.) 

• Providing access to more accurate, thorough, and timely international trade data 

and information

A memorandum from then Vice President Gore chartered the ITDS Board of Directors 

(ITDS BoD). The ITDS BoD was charged with the responsibility of implementing the 

ITDS vision by working with federal agencies with missions tied to international trade 

and transportation on policymaking, planning, and management activities. The ITDS 

BoD charter was reaffirmed in the February 1997 report “Access America: 

Reengineering through Information Technology”. The ITDS BoD reported to and 

received authority from, the Government Information Technology Services Board. 

1999: ITDS Project Office is Transferred to the U.S. Customs Service

By September 1998, significant progress had been made in understanding and 

documenting ITDS requirements, and a formal Design Report and Concept of 

Operations (CONOPS) (along with many other documents) were produced. The multiagency ITDS BoD gave approval to begin work on a pilot system. The ITDS pilot was 

called the North American Trade Automation Prototype (NATAP) and was the proof of 

concept for ITDS demonstrating not only domestic harmonization/sharing but also 

international harmonization with Canada and Mexico. As the work began, it became 

obvious that ITDS would provide benefits to multiple federal agencies, especially the 

U.S. Customs Service. As a result, in November 1999, the ITDS Project Office was 

transferred from the Department of the Treasury headquarters to the U.S. Customs 

Service. 

2001: The Short-lived ITDS Pilot Goes Live

ITDS design and implementation were integrated with Customs modernization and the 

Automated Commercial Environment (ACE) design and development in early 2000, 

under the joint oversight of the Customs Modernization Office (CMO) and the ITDS BoD. 

Under this arrangement, the goals for the ITDS pilot were refined to fit better into the 

Customs operational environment and to reduce the impact on filers who needed to 

continue to use the Automated Commercial System (ACS) for the vast majority of their 

electronic interactions with Customs. In August 2001, the ITDS pilot project went live in 

Buffalo, New York. However, it was suspended on September 11, 2001 due to 

operational considerations at the port following the terrorist attacks, and not reimplemented. 
100

2003 & Going Forward: The ITDS Vision to be Fulfilled Through PGA Integration 

into ACE

In March 2003, the ITDS Project Office moved to the Department of Homeland Security 

(DHS) with the creation of U.S. Customs and Border Protection (CBP). The ITDS BoD 

and CBP are working together to aid these participating government agencies (PGAs) in 

making use of ACE to support their border security, national safety and international 

trade missions. Today, ITDS is the program that assists the PGAs as they prepare for, 

integrate their business requirements into, deploy, and sustain ACE. In addition, the 

program provides guidance on the legal implications of PGA integration into ACE and 

serves as a forum for agency issues. True to its domestic and global harmonization 

roots, the ITDS program also spearheads the development and maintenance of the 

ACE/ITDS Standard Data Set (SDS). This SDS is intended to provide the data needs of 

the collective PGAs within the ACE development effort as it applies to the collecting and 

processing of import, export and transportation-related transaction information. The SDS 

will be aligned to the international standards set by the World Customs Organization 

(WCO). The goal is to eliminate redundant and obsolete reporting requirements. This 

allows ACE to offer single window filing to the trade community and supports the WCO’s 

efforts to facilitate the exchange of information between those government agencies that 

regulate international trade worldwide. 

2006: The SAFE Port Act Provides Statutory basis for ITDS 

In October 2006, Congress recognized the value of the ITDS concept in the SAFE Port 

Act, (P.L. 109-347, October 13, 2006) which directed the Secretary of the Treasury to 

oversee the establishment of an electronic trade data interchange system to be known 

as the ‘International Trade Data System’ (ITDS) with the purpose of eliminating 

redundant information requirements, to efficiently regulate the flow of commerce, and to 

effectively enforce laws and regulations relating to international trade, by establishing a 

single portal system, operated by CBP, for the collection and distribution of standard 

electronic import and export data required by all participating Federal agencies. The 

Secretary of the Treasury was directed to coordinate interagency participation, in 

consultation with an interagency committee that included agencies participating in ITDS 

and the Office of Management and Budget. The Act mandated that all “agencies that 

require documentation for clearing or licensing the importation and exportation of cargo” 

participate in ITDS, unless granted a waiver by OMB. 
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APPENDIX G: STATUS OF MOUs

AGENCY OR&R 

Contact

Completed MOU Template 

Submitted to CBP

MOU in Final Review

FDAHAVE A COMMODITY ANALYST ROLE

SG YES

FSISHAVE A LPC ADMIN. ROLE

BB YES

CDC SG YESAPHISHAVE A LPC ADMIN. ROLE

BB YES

CPSCHAVE A COMMODITY ANALYST ROLE

KKV YES

EPAHAVE A COMMODITY ANALYST ROLE

MB YES

NRC --- Nuclear Regulatory Commission

MAS YES

ATFHAVE A LPC ADMIN. ROLE

JC YES 8/30/10: submitted to CBP Privacy to begin CBP review 

and clearance.

DEA MS YESTTBHAVE A LPC ADMIN. ROLE

JC YES

FWSHAVE A COMMODITY ANALYST ROLE

BB YES

FCCHAVE A LPC ADMIN. ROLE

SG NO

NMFSHAVE A COMMODITY ANALYST ROLE

KKV YES

AMSHAVE A LPC ADMIN. ROLE

BB YES MOU forwarded under blue-sheet, 12/01/2009.

DOS – Foreign Missions MS YES, draft received 7-10-2008.
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AGENCY OR&R 

Contact

Completed MOU Template Submitted to CBP MOU in Final Review

IA(non-ISWG)HAVE A COMMODITY ANALYST ROLE

SG YES

Dept. of Transportation -NHTSAFAABTSMARADHAVE A LPC ADMIN. ROLE

MB YES

Will be part of combined MOU with DOT

BLS – U.S. Bureau of Labor StatisticsHAVE A COMMODITY ANALYST ROLE

MAS YES MOU forwarded under Blue Sheet 

(5/5/10)

Census BB YESFMCHAVE A LPC ADMIN. ROLE

MB YES

FMCSA KKV YES MOU SIGNED BY BOTH 

PARTIES. PROCESS COMPLETE

FTZB SG YESIRSHAVE A COMMODITY ANALYST ROLE

LP YES

ITC NOOFACHAVE A LPC ADMIN. ROLE

MB YES

USACEHAVE A COMMODITY ANALYST ROLE

BB NO

DDTC (Directorate of Defense Trade Controls, Dept of State) RESEARCH & ANALYSIS ROLE

MAS NO

DDTC submitted ltr requesting establishment of Ltr 

of Exchange

December 14, 2010
103

APPENDIX H: AGENCY CONCEPT OF OPERATIONS STATUS

P.O. Agency Name

Dates to OFO

or OT

Discussion/

Review Dates

Remediation

Dates Disposition 

AR Agriculture Marketing Service (USDA) 

11/7/2006 OFO

5/7/07 2/8/2007

OT Approved 9/18/07

OFO Approved 4/2/08

HD Alcohol Tax & Trade Bureau (Treasury) 2/14/2006 OFO

4/6/2006

scheduled for late August 

2007, date TBD CBP Approved 10/7/10

AR Animal & Plant Health Inspection Service (USDA) 10/10/2007 OT

12/5/2007

01/09/08 CBP Approved

HD Army Corps of Engineers (Defense Dept.)

5/26/2006 OFO

Updated 

11/28/06 5/25/2006 NA OT/OFO Approved

HD Bureau of Alcohol Tobacco Firearms & Explosives (DoJ) 2/6/2006 OFO

4/6/2006

12/13/07 12/13/2007 CBP Approved 6/26/09

TC Bureau of Labor Statistics (Labor) 1/18/2006 OFO 5/2/2006 NA OFO Approved

MC Bureau of Census (Commerce)

5/25/2006 OFO

Updated 

11/28/06

5/11/07

5/25/2006

Telecon 08/10/07 

Ongoing OT/OFO Approved 

VM Coast Guard 3/17/2010

OT 3/17/10.

OFO 5/18/10

CBP Approved 6/9/10

AR Consumer Product Safety Commission (CPSC) 10/2/08 OT

Scheduled for Review 

10/12/08

11/12/2008, 4/2010 Ongoing

Pending CPSC Revision and Review 

of Changes April 2010

VM Environment Protection Agency 12/1/2107 1/29/2008 CBP Approved 6/24/2010

HD

Department of Transportation (Consolidated)

- Federal Aviation Administration (FAA)

- Maritime Administration (MARAD)

- National Highway Traffic Safety Administration (NHTSA)

- Research & Innovative Technology Administration (RITA)

- Bureau of Transportation Statistics (BTS)

- Pipeline & Hazardous Materials Safety Administration (PHMSA)

- Federal Highway Administration (FHWA) 6/8/2007 7/19/2007 Ongoing CBP Approved 7/23/09

HD Federal Communications Commission (FCC) 2/9/2006 4/6/2006 OFO Approved

HD

VM Federal Maritime Commission (FMC)

3/29/2006 OFO

Updated 11/7/06 & 

2/28/07, Updated 

9/2009

4/6/2006

OFO email 12/17/07

In bluesheet for approval Octobber 

2009 (document lost at OFO/RRB).

 Second Re-route to OFO June 2010. 

Final approval 9/13/10

HD Federal Motor Carrier Safety Administration (DoT) 3/27/07 OFO& OT 5/9/2007 Approval for Phase 1 Only 12/31/07 

HD

VM Food and Drug Administration (HHS) 6/29/07 OT

8/16/2007

12/12/07 OT/OFO Approved 4/2/10

AR Food Safety & Inspection Service (USDA) 7/26/2006 OFO 7/26/2006 2/8/2006

OT Approved 03/2010

OFO Approved 06/10/2010

CBP Aprroved 6/10/2010

HD Foreign Trade Zone Board (Commerce) 2/3/2006 OFO 5/2/2006 OT/OFO Approved

AR Fish & Wildlife Service (Interior) 8/28/2006 OFO

9/6/06

09/26/06

02/28/07

05/08/07

2/28/2007, 

 3/21/07,

8/3/09 Multiple legal issues remain

MM Import Administration (Commerce) 10/10/2007 OT

Resubmitted to OT on 

9/18/08

Construction concurrent with ESAR 

requirements

AR Internal Revenue Service (Treasury) 9/21/07 OT 12/18/2007 CBP Approved 7/23/09

AR Internal Revenue Service (Treasury) - Addendum 1.0 11/20/2008 11/20/2008 NA CBP Approved 7/23/09

TC International Trade Commission (ITC) 2/6/2006 OFO 5/2/2006 OT/OFO Approved

AR National Marine Fisheries Service (Commerce) 10/1/08 OT 11/13/2008 CBP Approved 7/23/09

AR Office of Foreign Assets Control (Treasury) 2/1/2006 OFO 5/2/2006 OFO Approved

AR Diplomatic Security (DS)/Office of Foreign Missions (OFM) (STATE) 7/14/08 OT

8/14/2008

resubmitted to OT 

11/20/2008 CBP Approved 7/23/09