Security Update: New security measures to USA and Canada
As stated in the TSA`s Air Cargo Security Roadmap, the threat to civil aviation remains significant and adversaries continue to target aviation using different and evolving techniques.
TSA continues to evaluate and monitor threats to aviation and take action to employ multiple security measures.
As part of TSA's ongoing efforts to respond to and mitigate escalating and evolving global threats TSA is issuing emergency measures to all US aircraft operators and foreign air carriers that transport cargo destined for or transiting/transferring through the United States.
One of the key requirements of the new security regulation consists of an Established Business Relationship (EBR) between the shipper and the freight forwarder. The EBR needs to be confirmed by a document for each shipment.
New security measures to USA and Canada - Frequently asked questions
Established business relationship: The business relation is considered established, if a shipper
1. is a Known Consignor (KC);
or
2. has a business relationship with your company prior to September 2nd, 2024
or
3. has a business relationship with your company established on/after September 2nd, 2024 and has a record of
- a. their business or corporate registration certificate, license, or record; and
- b. their Business or corporate information, including name, address, phone number, and email address; and
- c. contact information, including name and position, of authorized point of contact for the account; and
- d. payment information, such as a corporate credit card number; and
- e. a signed contract between the person and the regulated agent or carrier.
It is up to the forwarder to determine whether or not they can meet one of the requirements in the EBR attestation when arranging an exWorks shipment.
Our Customer (FF) needs to complete the EBR Compliance Confirmation form based on the current business relationship with the shipper/consignor.
The GHA checks EBR Compliance Confirmation form is complete and signed. The freight forwarder (Customer) ensures, that two (2) copies of the EBR Compliance Confirmation form are accompanying the shipment during transportation (attached outside the document pouch). One document stays with the shipment, whereas the second document will be archived for 120 days, by the last point of departure (Switzerland).
The completed and signed EBR confirmation can be submitted in the following forms:
- Original OR
- Copy
Please make sure that two (2) documents are accompanying the shipment.
As long as the language stated in the EBR is kept aligned and identical with the version provided by Swiss WorldCargo, it may be accepted.
Yes, Swiss WorldCargo requires an “official” signature. Either in handwriting or through a secure signature tool such as “DocuSign” or a digitally available hand signature that can be copied into the EBR document.
Business Relationship: An association between persons (persons includes individuals and entities) that includes the establishment of an account with physical and billing addresses AND a payment or credit history documented through invoices or billing records OR documented history of sales that may include any contacts or activities OR documented correspondence or business records as listed in the model security program definition section.
Cargo: All accompanied commercial carrier consignments whether or not accounted for on an airway bill are also classified as cargo. US mail in accordance with 39 CFR protected diplomatic pouches and air carrier company material are not considered cargo.
Does not apply to diplomatic pouches and all U.S. government shipments tendered on a U.S. Government Bill of Lading or an air waybill where a U.S. Government entity is listed as the shipper.
Company material (COMAT): all material including aircraft parts and supplies that is the property of the foreign air carrier transporting the material.
We have a mail embargo for European Postal Offices (DPO) only. We are in exchange with all affected customers to find a solution.
Rest of the world is not affected by this Mail Embargo from Europe to the USA and Canada. We are working on a solution to lift the embargo.
Yes. There are no exceptions for AVI and HUM.
AVI or HUM may not be transported if they do not meet the EBR requirement.
Example: a private person wants to send his/her dog to the USA. He /she approaches the forwarder and signs a contract. Would it be sufficient to establish an EBR?
Answer: No. A signed contract between the shipper and the forwarder is just one aspect under section 3 of the EBR statement. If all other aspects are not covered, there is no EBR.
Known Consignor: the originator of property for transportation by air who has established business with a regulated agent or foreign air carrier and provide security controls that are accepted or required by the appropriate authority in respect of cargo.
Regulated Agent: an agent freight forwarder or any other entity who conducts business with an operator and provides security controls that are accepted or required by the appropriate authority in respect of cargo or mail.
We can continue to accept Interline shipments. The new regulations do not apply to shipments already transported to the US. In case shipments get stopped in one of our US gateways, our Interline partners need to get in contact with their International Industry Representative (IIR) for clarifications and guidance.
The actions required in the Swiss WorldCargo security measures are specifically intended for cargo or consolidated shipments destined for or transiting/transferring through the United States or Canada on SWISS that were tendered by a person who does not have an established business relationship.
- Any cargo or consolidated shipment destined for or transiting/transferring through the United States or Canada and that contains a piece or shipment that was tendered by an entity who does not have an Established Business Relationship (EBR) with a regulated agent, SWISS is not allowed to transport on a passenger aircraft. Any cargo or consolidated shipment tendered by a Known Consignor may still be transported on a passenger aircraft of SWISS.
- Swiss WorldCargo may transport cargo destined for the United States or Canada that was transferred from another aircraft operator or foreign air carrier wherein the transferring aircraft operator or foreign air carrier provides documentation that the cargo was accepted from known consignors, regulated agents or persons with an Established Business Relationship (EBR).
No, at the moment we only can accept paper documents (EBR confirmation form) and there is no electronic process implemented yet. We are currently reviewing the possibility of implementing an e-EBR process.
Unfortunately, no EAW bookings are possible due to the fact that the completed and signed EBR needs to be with the shipment.
Please be assured that Swiss WorldCargo is doing everything possible to find a solution that will allow EAW bookings from Europe to North America and Canada again.