Chapter 1 Flashcards

1
Q

How did 9/11 effect Supply chain security?

A

Increased the concern over unmonitored container movements as potential implements of terrorism

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2
Q

What are the three phases of supply chain security development?

A
  1. (pre 9/11) Harmonizing divergent customs practices
  2. (2001-2004) 9/11 and port security
  3. (2004-current) origin to designation and a chain of custody
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3
Q

Who led the development in supply chain security?

A
  • world wide organizations
  • U.S. legislation
  • European initiatives
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4
Q

Revised Kyoto Convention of 1999

A

-recognition of need for cooperation and modernization among customs authorities

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5
Q

What were the goals of the RKC?

A
  • simplifying customs procedures with an emphasis on IT and risk management involving automated systems
  • target high risk shipments based on pre-arrival info
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6
Q

World Customs Organization (WCO)

A
  • leader of phase 3
  • developed standards for automation of cargo movement
  • adopted the RKC 1999 as the baseline for SAFE framework
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7
Q

SAFE Framework

A
  • adopted in 2005
  • pushed security back to the stuffing/loading point
  • involved private sector
  • required increased security at point of origin and as container is moved point to point
  • advance electronic info on cargo and container shipments in time for adequate risk assessment
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8
Q

What are the four core elements of the SAFE Framework?

A
  1. Advance electronic manifest info requirements
  2. consistent risk management approach
  3. nonintrusive inspection of certain containers
  4. benefits to business for cooperation
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9
Q

What are some benefits to businesses for cooperation?

A
  • better tracking for their products
  • get through security faster
  • will keep good publicity
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10
Q

What are some contributions made by the ICT Guidelines (Kyoto Convention)?

A
  • guidelines on the electronic exchange of info at export and import
  • creating a chain of electronic data and a single global schema linked electronically

-proposed advance electronic transmission of info to customs services’ computerized systems

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11
Q

UN’s Single Window policy

A

-approved in 2004; Europe’s Recommendation 33

  • trade related info and/or documents need only be submitted once at a single entry point
  • info goes ahead of the cargo through customs
  • more efficient/accurate due to less paper work
  • gives advanced notice of goods coming in
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12
Q

Trade Act of 2002

A

requires Customs and Border Protection promulgate regulations to being collecting all manifests electronically

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13
Q

What issues did the Trade Act of 2002 address?

A
  • vessel ID systems
  • Port security assessments (many ports around the US were not that secure)
  • operational and efficiency matters (electronic transfer of data)
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14
Q

Safe Port Act of 2006

A

-codified US programs, the Customs-Trade Partnership Against Terrorism (C-TPAT) and Container Security Initiative (CSI)

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15
Q

What was the Safe Port Act designed for?

A

-to quickly obtain information

  • scanning for radiation
  • automated targeting
  • container security standards
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16
Q

What did the Safe Port Act establish?

A

“Green Lanes” in the form of Tiers 1,2, and 3

  • provide incentives for companies to cooperate
  • their products will move faster through the supply chain
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17
Q

What was the main goal of the Implementing the 9/11 Commission Recommendations Act of 2007?

A

-to solely address security of containers

18
Q

Details of the Implementing the 9/11 Commission Recommendations Act of 2007.

A
  • breach protection and access prior to entering economic zone of US and electronic notification if so
  • origin to destination for all truck, rail and vessel transit (international)
  • Sec of DHS has to identify the place of breach, be notified before containers enter US, track time and location of container through transit
  • requires 100% scanning of inbound containers, although rest of trading world does not accept
19
Q

Core elements of the Container Security Initiative (CSI)

A
  • identify high risk containers
  • use technology to prescreen high-risk containers
  • use smart containers or tamper-evident containers
20
Q

What are some ways to identify a “high-risk” container?

A
  • where its origin is
  • where all it has been
  • what is in it
  • track record of distribution company
  • company that is shipping product (if newer company, might need to take extra precautions since don’t know much about them)
21
Q

What are the 5 U.S. Programs/Processes?

A
  1. Customs-Trade Partnership Agains Terrorism (C-TPAT)
  2. Container Security Initiative (CSI)
  3. Automated Commercial Environment (ACE)
  4. E-Manifest
  5. Secure Freight Initiative (SFI)
22
Q

C-TPAT

A

Customs-Trade Partnership Against Terrorism

  • voluntary program between industry and CBP
  • members meet minimum security standards
  • requires security starting at the origin all the way through to the destination
  • rails singled out to have tracking info
  • must use e-manifest
23
Q

CSI

A

Container Security Initiative

  • addresses potential for terrorist use of a maritime container to deliver WMD
  • proposes a security regimen to ensure all containers that pose potential threat are identified at foreign ports
  • reciprocating program where foreign officials can come to our ports
  • 24 hour manifest rule
24
Q

Core elements of the CSI

A
  • identify high-risk containers (automated)
  • use technology to pre-screen high-risk containers
  • use smart containers or tamper evident containers (use nonintrusive scanning)
25
How many ports worldwide does the CSI operate in?
58
26
What percentage of maritime cargo goes through a CSI port?
about 80%, good start but needs to be more like 100% to really be secure
27
Automated Commercial Environment (ACE)
creates a trade portal to connect CBP, trade community, and govts
28
What actions doe the ACE take?
- monitor daily operations - identify compliance issues through 125 reports - electronically update all data
29
E-Manifest
- the key electronic format for the ACE system - applicable to all vessel carriers entering and exiting US - applicable to cross-border movements into Canada and Mexico currently
30
Secure Freight Initiative (SFI)
joint effort by DHS and Dept of Energy
31
What two things was the SFI designed to do?
- scan containers for nuclear and radiological materials overseas - better assess risk of inbound containers
32
International Trade Data System (ITDS)
- required by SAFE Port Act | - to be used by the ACE system
33
Nonintrusive Inspection (NII) Program
- mobile gamma ray imaging technology - deployed at seaports and land ports of entry - detects hidden contrabands such as narcotics, weapons, currency, etc. - scans vehicles up to 125 feet in length in one pass - can be mounted on a truch chassis
34
Container Security Device (CSD)
- geofencing and reporting path diversions (taken on or off the ship, if it was diverted) - remote locking and unlocking - radiation detection - temperature detection (shows if there was a breach) - light detection - infrared detection - drugs/chemicals detection - humans
35
What was a change made to Federal rules of Civil Procedure?
electronically stored information (ESI) is a class of evidence and equal to paper or any other physical evidence - email, voicemail, IM, texts, spreadsheets - US supreme court now allows ESI
36
Rule 16
allows pretrial meetings to discuss discovery
37
Rule 26
clarifies needs to disclose info about ESI holders and its desc before a discovery request
38
Rule 33
makes it clear that ESI includes business records
39
Rule 34
defines computer-based and other digitally stored data as ESI
40
Rule 37
addresses the destruction of ESI and when it can and can't (have to store data for a certain amount of time and can only destroy when told)
41
Rule 45
recognized ESI as distinct category of discoverable info, allowing it to be subpoenaed in the same way as paper documents
42
What are the two goals of the US National Strategy on Supply chain security?
goal 1: promote the efficient and secure movement of goods - enhancing integrity of goods - understand threats early goal 2: foster a resilient supply chain - verify accuracy of cargo - limit access to cargo and ports