[Federal Register: May 16, 2007 (Volume 72, Number 94)]
[Notices]
[Page 27632-27635]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my07-133]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
Automated Commercial Environment (ACE): Terms and Conditions for
Account Access of the ACE Secure Data Portal
AGENCY: U.S. Customs and Border Protection; Department of Homeland
Security.
ACTION: General notice.
-----------------------------------------------------------------------
SUMMARY: This notice sets forth a revision of the terms and conditions
that must be followed as a condition for access to the Automated
Commercial
[[Page 27633]]
Environment (ACE) Secure Data Portal (ACE Portal). These terms and
conditions supersede and replace the Terms and Conditions documents
previously signed and submitted to U.S. Customs and Border Protection
(CBP) by ACE Portal Account Owners. The previous Terms and Conditions
documents were not published in any public document but were provided
to ACE Portal Account applicants after their acceptance into the test.
For those ACE Portal Accounts already on file with CBP with the proper
Account Owner listed, no further action is required by the ACE Portal
Account Owner. The principal changes to the terms and conditions
include a revised definition of ``Account Owner'' to permit either an
individual or a legal entity to serve in this capacity, new
requirements relating to providing notice to CBP when there has been a
material change in the status of the Account and/or Account Owner, and
explanatory provisions as to how the information from a particular
account may be accessed through the ACE Portal when that account is
transferred to a new owner. These terms and conditions do not affect
participants in ACE who have not established Portal Accounts but who do
participate via less formal Non-portal Accounts.
EFFECTIVE DATES: The terms and conditions set forth in this document
must be followed as a condition for access to the ACE Portal effective
immediately.
ADDRESSES: Comments concerning this notice should be submitted to
Michael Maricich via e-mail at CSPO@dhs.gov.
FOR FURTHER INFORMATION CONTACT: Operational aspects for importers and
brokers: Ruthanne Kenneally (202) 863-6064. Operational aspects for
carriers: James Swanson at james.d.swanson@dhs.gov. Systems or
automation aspects: Michael Maricich at michael.maricich@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
On May 1, 2002, the former U.S. Customs Service, now U.S. Customs
and Border Protection (CBP), published a General Notice in the Federal
Register (67 FR 21800) announcing a plan to conduct a National Customs
Automation Program (NCAP) test of the first phase of the Automated
Commercial Environment (ACE). The test was described as the first step
toward the full electronic processing of commercial importations with a
focus on defining and establishing an importer's account structure.
This General Notice announced that importers and authorized parties
would be allowed to access their customs data via a web-based Account
Portal.
The notice set forth eligibility criteria for companies interested
in establishing accounts (commonly known as Portal Accounts) accessible
through the ACE Portal, and limited participants in the ACE test to
importers already participating in the Customs Trade Partnership
Against Terrorism (C-TPAT) Program who had access to the Internet. Upon
an applicant's selection into the test, Customs would require
additional information for inclusion in the account profile.
Certain subsequent notices eliminated the requirement of
participation in the C-TPAT Program (see, e.g., General Notice
published in the Federal Register on February 1, 2005 (70 FR 5199)) and
expanded the universe of eligible participants in the ACE test and the
types of ACE Portal Accounts, while establishing guidelines for account
management, as described below.
On February 4, 2004, CBP published two General Notices in the
Federal Register, which established the ACE Truck Carrier Accounts and
opened the application period for authorized importers and their
designated brokers to participate in the NCAP test to implement the
Periodic Monthly Statement (PMS) process (see 69 FR 5360 and 69 FR
5362, respectively). Brokers were invited to establish Broker Accounts
in ACE in order to participate in the NCAP test to implement PMS.
In both February 4, 2004, General Notices, CBP advised participants
that they could designate only one person as the Account Owner for the
company's ACE Portal account. The Account Owner was identified as the
party responsible for safeguarding the company's ACE Portal account
information, controlling all disclosures of that information to
authorized persons, authorizing user access to the ACE Portal account
information, and ensuring the strict control of access by authorized
persons to the ACE Portal information.
On September 8, 2004, CBP published a General Notice in the Federal
Register (69 FR 54302) inviting customs brokers to participate in the
ACE Portal test generally and informing interested parties that once
they had been notified by CBP that their request to participate in the
ACE Portal test had been accepted, they would be asked to sign and
submit a Terms and Conditions document. CBP subsequently contacted
those participants and asked them to also sign and submit a Power of
Attorney form and an Additional Account/Account Owner Information form.
Non-Portal Accounts
CBP has also enabled certain parties to participate in any ACE test
without establishing ACE Portal accounts. On October 24, 2005, CBP
published a General Notice in the Federal Register (70 FR 61466)
announcing that importers, whether or not C-TPAT certified, could
become ACE non-portal accounts and participate in the PMS test, under
certain conditions. Additionally, on March 29, 2006, CBP published
another General Notice in the Federal Register (71 FR 15756) announcing
that truck carriers who do not have ACE Truck Carrier Accounts may use
third parties to transmit truck manifest information on their behalf
electronically in the ACE Truck Manifest system, via EDI messaging.
Parties choosing to participate in any ACE test without an ACE Portal
account, such as those identified here and any others that CBP may
identify in the future, are not bound by the Terms and Conditions
described below.
Terms and Conditions Document
The purpose of the Terms and Conditions document that participants
were asked to sign was to set forth the obligations and
responsibilities of those parties accessing an ACE Portal account on
behalf of an Account. An ACE Portal account, as employed in that
document, referred to a party who had volunteered to participate in any
ACE test and had an ACE Portal account. Presently, ACE Portal accounts
may be established by any of the following business categories meeting
the below listed eligibility requirements:
1. Importer:
Possesses one or more Importer of Record (``IR'') numbers;
and
Has access to the Internet (see 67 FR 21800, May 1, 2002)
2. Broker:
Possesses the ability to make periodic payment via ACH
Credit or ACH Debit;
Possesses the ability to file entry/entry summary via ABI
(Automated Broker Interface); and
Has access to the Internet (see 69 FR 5362, February 4,
2004)
3. Carrier:
Possesses a Standard Carrier Alpha Code (SCAC); and
Has access to the Internet (see 69 FR 5360, February 4,
2004)
To date, CBP has required that the Account Owner sign and submit
the Terms and Conditions document prior to accessing the ACE Portal. If
the Terms and Conditions document was not
[[Page 27634]]
signed and submitted to CBP, CBP would deny access to the ACE Portal
for the Account Owner. The trade community has provided numerous
comments to CBP describing the burdens imposed by the requirement that
the Account Owner sign and submit the Terms and Conditions document
prior to accessing the ACE Portal. In response, CBP is publishing the
terms and conditions governing ACE Portal access in this Federal
Register Notice (FRN). The publication of the terms and conditions in
this FRN replaces the requirement that the Account Owner sign and
submit a Terms and Conditions document to CBP.
Changes in Policy
Any Terms and Conditions document previously signed and submitted
by any Account Owner is null and void, having been superseded and
replaced by the Terms and Conditions set forth in this FRN. Any present
ACE Portal account with a Terms and Conditions document already on file
with CBP will not be required to change the designation of its Account
Owners unless the Account would prefer to designate a new Account
Owner, consistent with the definition of Account Owner that is set
forth below. If the Account chooses to change its Account Owner
designation, the Account will be required to sign and submit to CBP an
Account Owner Designation/Authorization form.
The Terms and Conditions set forth in this FRN will appear on the
introductory screen for the ACE Portal. Any party seeking access to the
ACE Portal will be required to accept those Terms and Conditions as set
forth on the screen and in this FRN. As ACE expands and includes other
portal account types beyond the importer, broker and carrier ACE Portal
accounts that exist today, further modifications to the Terms and
Conditions may occur.
New Definition of Account Owner
With the publication of this FRN, CBP is also amending the
requirements set forth in the General Notices published on February 4,
2004 (and referenced above) pertaining to the designation of the
``Account Owner.'' Specifically, those notices limited the participants
to the designation of only one person as the Account Owner who would be
responsible for the company's portal account information. The Terms and
Conditions documents presently on file with CBP define the Account
Owner as ``any individual identified and authorized by the Account to
serve as the representative of the Account relating to the
administration of access to the Account's information through the ACE
Portal.''
Upon review, CBP is revising the definition of ``Account Owner.''
This revised definition of the Account Owner supersedes and replaces
any former definition for the Account Owner. Whereas the former
definition of Account Owner referred to a person or individual, CBP has
now determined that a more appropriate definition for the Account Owner
includes any ``legal entity'' identified and authorized by the Account
to serve as the representative of that Account relating to the
administration of access to the Account's information through the ACE
Portal. Accordingly, the Account may also choose to designate itself to
be its own Account Owner.
The revisions of the Terms and Conditions set forth in this FRN
include additional requirements, specifically those which require
notice to CBP when there has been a material change in the status of
the Account and/or Account Owner, as well as access to historical
information in the event of the transfer of control of an IR number,
filer code, or SCAC.
Terms and Conditions
I. Overview
This document sets forth the obligations and responsibilities that
must be followed as a condition for access to the Automated Commercial
Environment (``ACE'') Secure Data Portal (hereinafter, ``ACE Portal'').
Information contained in ACE and accessed through the ACE Portal
includes confidential commercial or financial information that pertains
to the Account. Information in ACE is, generally, protected under the
provisions of the Freedom of Information Act (5 U.S.C. 552), the
Privacy Act (5 U.S.C. 552a), and the Trade Secrets Act (18 U.S.C.
1905). No private party will be permitted access to information
pertaining to an account absent the authorization of the Account. No
governmental agency outside of the Department of Homeland Security will
be permitted access to information that pertains to an account, unless
the access is otherwise authorized by law (e.g., Freedom of Information
Act, Privacy Act, Trade Secrets Act, etc.).
Information accessed through the ACE Portal that derives from
another Agency of the United States Government is subject to the
``Third Party Rule,'' which separately requires the approval of that
other agency before the information may be disseminated beyond the
Account Owner and any Account User.
CBP reserves the right to monitor access to the ACE Portal. CBP
also reserves the right to disapprove any authorization of access to
the ACE Portal for reasons pertaining to the security of ACE, mission
of CBP, or National Security. The fact that one participates in the ACE
test is not confidential.
II. Account
The term ``Account'' as employed in this document refers to a
business entity that has volunteered to participate in an ACE test. The
Account may designate only one Account Owner for the Account.
III. Account Roles
The Account Owner is any individual or other legal entity
identified and authorized by the Account to serve as the representative
of the Account and is responsible for the administration of access to
the Account's information through the ACE Portal.
If the Account chooses to designate a legal entity other than an
individual as the Account Owner, the Account Owner must also designate
an individual as the single point of contact for the Account. In all
cases, there must be a single individual who is responsible for the
administration of access to the Account's information through the ACE
Portal.
A Proxy Account Owner is any individual identified and authorized
by either the Account or the Account Owner to access information that
pertains to the Account through the ACE Portal. The authority of the
Proxy Account Owner includes the designation of other Account Users,
but may be limited by the Account Owner. In no case may a Proxy Account
Owner designate other Proxy Account Owners.
An Account User is any individual identified and authorized by the
Account Owner or Proxy Account Owner to access information that
pertains to the Account through the ACE Portal.
IV. Responsibilities
A. The Account
1. The Account must separately authorize the Account Owner to
exercise any and all authority, apparent or otherwise, to fulfill the
enumerated responsibilities contained herein and in any applicable
Federal Register Notice, including the authority to access and control
information associated with newly acquired IR number(s), SCAC(s), and/
or filer code(s).
2. The Account must complete and submit to CBP the Account Owner
[[Page 27635]]
http://www.cbp.gov) as proof of designation of the Account Owner. This
document must be signed by both the Account and the Account Owner and
submitted to the Account Administrator. In cases in which the Account
Owner is an entity, the form must be signed by the single point of
contact of the Account.
B. Account Owner
1. The Account Owner, as the representative of the Account with
respect to all information submitted by or on behalf of the Account, is
responsible for safeguarding Account information, authorizing user
access to the ACE Portal account information, controlling all
disclosures of that information, enforcing ACE Portal access
limitations, and ensuring the strict control of access by authorized
persons to the ACE Portal information.
2. The Account Owner assumes liability for any disclosure of
Account information or unauthorized access to the ACE Portal and holds
CBP, its officers, agents, and employees harmless from the release of
any such information.
3. The Account Owner administers and controls all Proxy Account
Owners and Account User access, including the designation and
limitation of access, to the ACE Portal. The Account Owner is
authorized to grant full or limited access to information relating to
the Account (including information protected by the Trade Secrets Act
or Privacy Act), through the ACE Portal.
4. The Account Owner, if not an individual, shall designate an
individual as the single point of contact for the Account relating to
the administration of access to the Account's information through the
ACE Portal.
C. All Parties
The Account Owner, Proxy Account Owner, and any Account Users are
responsible for ensuring the accuracy and confidentiality of any
information they submit through the ACE Portal to CBP, and are also
responsible for complying with the record-keeping requirements in
accordance with law including, but not limited to, 19 U.S.C. 1508 and
1509.
V. Failure To Access the Portal
The failure of an Account Owner to access the ACE Portal for a
period of ninety (90) days, consecutively, will result in the
termination of access to the ACE Portal. Access may be restored by
calling the Help Desk or by following the ``forgot your password''
prompt found on the ACE Portal log-in page.
The failure of a Proxy Account Owner or an Account User to access
the ACE Portal for a period of ninety (90) days, consecutively, will
result in the termination of access to the ACE Portal for the Proxy
Account Owner or Account User. Access may only be restored upon re-
authorization by the Account Owner.
VI. Change in the Status of the Account or Account Owner
A. Change in the Status of the Account
1. The Account must provide notice to CBP as soon as practicable,
relating to a material change to the status or condition of the
Account, such as a transfer of IR number(s), SCAC(s), or filer
codes(s). Any transfer of control of an IR number, SCAC or filer code,
will require notification to the CBP assigned Account Manager or the
ACE Portal Administrator by the acquiring and acquired parties. Until
such notification, CBP will not alter access to the Portal. Some
material changes will also require re-application. For example, any
reorganization of an Account resulting in the creation of a new company
and a new IR number, SCAC or filer code, will require re-application;
this does not include the addition of a subsidiary. In the event of a
division or spin-off from an Account, the Account will retain access to
the ACE Portal, and the new business entity formed from the division or
spin-off must apply for access.
2. In the event of a material change in the status of the Account,
such as the transfer of IR number(s), SCAC(s), or filer codes(s), CBP
will require a brief summary of the change, signed by both the
acquiring and acquired parties, including, but not limited to, the
following information:
a. Company names;
b. IR numbers acquired, transferred, sold, or divested;
c. Party transferring the IR number, filer code, and/or SCAC;
d. Party acquiring the IR number, filer code, and/or SCAC;
e. Address changes; and
f. Effective date of information control.
3. When the CBP assigned Account Manager or ACE Portal
Administrator is notified of the transfer of IR number(s), SCAC(s) or
filer code(s), ACE Portal access will be denied for the acquired
company unless the acquiring company authorizes access to the acquired
company.
B. Change in the Status of the Account Owner
1. The Account must provide notice to CBP, as soon as practicable,
relating to a material change in the status of the Account Owner. A
material change includes the resignation of the Account Owner. The
Account must designate a new Account Owner to act on behalf of the
Account after notifying CBP of the change. At such time that a new
Account Owner is designated for the Account, the Account must submit a
new Account Owner Designation/Authorization form to the CBP assigned
Account Manager or Portal Administrator.
2. If the Account Owner is not an individual, the Account Owner
must provide notice to CBP, as soon as practicable, relating to a
material change to the status of the single point of contact. At such
time that a new single point of contact is designated for the Account
Owner, the Account Owner must submit a new Account Owner Designation/
Authorization form to the CBP assigned Account Manager or Portal
Administrator.
VII. Access to Historical Information
In the event of a transfer of control of an IR number, filer code,
and/or SCAC, the acquiring company will obtain access to historical
information associated with that IR number, filer code, and/or SCAC. In
the event that the acquired company also requires access to the
historical information associated with the transfer of control of an IR
number, filer code, and/or SCAC, the acquired company's access to that
information may be obtained by either downloading the historical
information prior to the date of sale or the transfer of control of an
IR number, filer code, and/or SCAC, or by making a Freedom of
Information Act (FOIA) request to CBP of a download of that information
after the sale or the transfer of control of an IR number, filer code,
and/or SCAC. In the alternative, the acquired company may request to be
made a user on the acquiring company's Account.
Dated: May 9, 2007.
Jayson P. Ahern,
Assistant Commissioner, Office of Field Operations.
[FR Doc. E7-9350 Filed 5-15-07; 8:45 am]
BILLING CODE 9111-14-P