46-WCN-Feb09:Layout 1 24/2/09 16:04 Page 1
WorldCargo
CONTAINER SECURITY
news
US scanning law under fire
The implementation of effective
container security measures at sea-
The planned introduction in 2012 of new security
port/border crossing interfaces has
legislation requiring all US-bound containers to be
long been an issue for the global
transport industry.
screened at their foreign port of origin has sparked
However, the stakes were raised
in August 2007 when the US de- global opposition
cided on a new unilateral approach
to the problem. Legislation was and called for the mandatory of origin, which must check for transmit the scanned images di-
drawn up by the US Congress in screening of all US-bound contain- a range of threats (explosives and rectly to US Customs and Bor-
the form of the HR1 (House ers within five years. nuclear materials, in addition to der Protection (CBP) as docu-
Resolution No 1) bill, which grew The responsibility for screen- firearms, narcotics, contraband mentary evidence.
out of the 9/11 Commission Act ing would be on the foreign port and even immigrants) and then Central to the operation is the
It is widely held that 100% scanning of US-bound containers is impractical
deployment of suitable, non-intru-
sive container scanning technol- Another likely outcome is that While the ZDS remains
ogy based on X-ray generation increased traffic would be routed wholly supportive of any move to
from high-energy linear accelera- through larger “mega-terminals” tighten global security, it does not
tors, plus a separate capability for at the expense of smaller ports, as believe that the HR1 legislation
radiation detection, at all ports/ these will be less able to fund the will provide any noticeable im-
terminals trading with the US. required scanning technology and provement in protection for the
It was the view of the CBP and keep down their box processing US or EU member states, but “in-
US Department of Homeland costs. EU sources calculate that the stead will create major distur-
Security (DHS) that only through scanning procedure, on its own, bances in the trade relations be-
such determined action could the will cost at least US$10 per con- tween Germany and the US and
risk of a terrorist attack on the tainer for larger ports operating also lead to major congestion
maritime transport chain be prop- the most efficient high-through- within German port areas and at
erly countered. The DHS had al- put terminals and be far greater at hinterland cross-points.”
ready identified many US entry smaller terminals. The total extra In short, the ZDS believes that
ports as potentially vulnerable tar- handling charge per container will “the requirement to implement
gets and believed that existing be considerably higher for all ports 100% container scanning will not
customs provisions were insuffi- and possibly as much as 10 times be justifiable on the basis of a cost-
cient to meet the security threat. that incurred from carrying out benefit analysis” either for Ger-
HR1 was duly ratified late in the scan itself. man or US interests.
2007, with July 2012 set as its date Over 600 seaports will be af-
of implementation. Deferment fected globally, according to the Huge burden
would only be possible through EU, along with 40% of the world’s India, along with at least 30 other
the DHS secretariat, which can container trade - estimated at over countries across the Asia-Pacific
grant a two-year extension or US$500B per year. Moreover, be- region, has similarly expressed
bring the start-date forward. cause HR1 does not address con- deep concern, stating that the new
tainers being exported from the US law would raise transaction
Global opposition US, its introduction is likely to costs substantially and place a huge
Predictably, the US action has trig- prompt other nations to impose burden on ports in Asia, where
gered a groundswell of opposition rules of their own on inbound large volumes of US-bound con-
throughout the past year, initially container traffic from the US and tainer exports are handled.
from the EU and subsequently so further add to the pressure. The difficulties have been
around the world. Many countries In addition, HR1 is claimed to mulled extensively by senior gov-
have since found a voice in the run counter to all previous US- ernment officials in India, where
World Customs Organisation backed initiatives, including the the CBEC recently gained approval
(WCO), which is hopeful that the CSI (Container Security Initia- for another seven scanning ma-
new Obama Administration might tive) and ISPS (International Ship chines to be installed at seaport
be persuaded to relax the legisla- and Port Facilities Security) Code, Customs stations during 2009.
tion or, at least, postpone its in- which are more globally focused However, with as many as 320 sepa-
troduction. and generally recognised to have rate Customs locations in opera-
The Transport Guides are an invaluable reference U �