C-TPAT-PARTNER AGREEMENT TO VOLUNTARILY PARTICIPATE
This Agreement is made between “X”(hereafter referred to as "the Partner") and U.S. Customs and Border Protection (hereafter referred to as "CBP").
This Agreement between the Partner and CBP will enhance the efforts of both entities to better secure the international supply chain in order to achieve a more efficient and compliant import and/or export process. The Partner agrees to develop and implement, within a framework consistent with the listed Customs Trade Partnership Against Terrorism (C-TPAT) criteria, a verifiable and documented program to enhance security procedures throughout its supply chain. Where the Partner does not exercise control of a production facility, distribution entity, or process in the supply chain, the Partner agrees to communicate the C-TPAT criteria to those entities and to monitor compliance with the program’s criteria
Specifically, the Partner agrees to:
1. Commit to working with its business partners and CBP in order to meet and maintain C-TPAT’s minimum security criteria.
2. Using the online application system (the C-TPAT Security Link Portal), complete a supply chain security profile and update the Partner’s information within that security profile on an annual basis.
3. Provide complete and accurate company information in response to C-TPAT inquiries, and respond to such inquiries in a timely manner.
4. As soon as feasible, notify CBP, including the assigned CBP Supply Chain Security Specialist (SCSS), of any suspicious activities, anomalies, and/or security breaches that affect its supply chain.
5. Comply with C-TPAT program requirements to ensure integrity at each stage of the Partner’s supply chain.
6. Cooperate with the C-TPAT validation/re-validation processes including assisting the SCSS in planning for and conducting site visits at domestic and foreign locations (when or where applicable).
7. Cooperate during validation/revalidation site visits by being prepared to explain, demonstrate, and provide appropriate documentation / evidence of implementation on how compliance with the C-TPAT program requirements and minimum security criteria has been achieved.
8. Maintain security integrity throughout the partnership, conducting periodic self-assessments in line with the changing risks and complexity of international business and trade.
9. Notify its SCSS as soon as possible of any major changes that may affect the Partner’s security posture (e.g., change in ownership of the company or sourcing from a new country.)
10. Cooperate with CBP, domestic and foreign port authorities, foreign customs administrations and others in the trade community, in advancing the goals of C-TPAT and the Container Security Initiative (CSI).
11. Acknowledge and accept this Agreement to Voluntarily Participate by marking the “I agree” box below.
Upon acceptance, review, and/or certification in the C-TPAT program, CBP agrees to:
1. Assign a C-TPAT Supply Chain Security Specialist (SCSS) to work individually with the Partner.
2. Review the Partner’s C-TPAT application within 90 days of receipt.
3. Conduct a C-TPAT validation within one year of the Partner’s C-TPAT certification in accordance with section 215 (a) of the Security and Accountability for Every Port Act of 2006 (SAFE Port Act), Pub. L. 109-347, 120 Stat. 1917.
4. Conduct re-validations in accordance with time frames set forth in section 219 of the SAFE Port Act. CBP will, to the extent possible, be flexible to the Partner’s scheduling availability when conducting a validation and/or re-validations.
5. Provide the Partner with feedback regarding the validation including any security enhancement recommendations, actions required, and recognition of CBP identified best practices.
6. Guide the Partner in identifying security threats and high risk factors specific to the Partner’s operating environment(s).
7. Not request that the Partner take any action which would conflict with any U.S. laws or regulations relevant to the Partner’s operations.
8. Provide C-TPAT participant verification capability via the Status Verification Interface (SVI).
9. When existing C-TPAT program requirements change, Partner will be permitted a reasonable timeframe to comply and/or implement the new requirement.
10. Where feasible and to the extent practicable, extend C-TPAT benefits to Partners at U.S. ports of entry.
11. Provide the opportunity for C-TPAT Partners to be eligible to participate in Mutual Recognition Programs that may result in additional benefits to the partner by exchanging information with foreign administrations.
CBP acknowledges that during the course of the C-TPAT membership relationship between CBP and the Partner, CBP may become privy to proprietary business information. CBP recognizes the confidential nature of such information, and agrees to take the appropriate measures to maintain the confidentiality of this information in accordance with U.S. law.
This Agreement is subject to review by the Partner or CBP and may be terminated with written notice by either party. This Agreement cannot, by law, exempt the Partner from any statutory or regulatory sanctions in the event that discrepancies are discovered during a physical examination of cargo or the review of documents associated with the Partner’s CBP transactions. Nothing in this Agreement relieves the Partner of any statutory or regulatory responsibilities under United States law, including any requirements imposed under U.S. Department of Homeland Security and CBP statutes and regulations.