International Trade Law News

Enrollment for the Transportation Security Administration's (TSA) Transportation Worker Identification Credential (TWIC) recently began at the port of Wilmington, Delaware. TSA will begin registering workings at the next 11 ports through November. TSA estimates that all U.S. port workers will have the new biometric identification cards by October 2008.

The TWIC is a biometric identification credential that will be required for unescorted access to secure areas in all U.S. ports. The TSA and the U.S. Coast Guard (USCG) have estimated that more than 750,000 workers including longshoremen, truckers, port employees and others will be required to obtain a TWIC.

Once enrollment for a port is complete, TSA and USCG will announce a 90-day period for that port after which only persons with TWICs will be allowed unescorted access to the secure areas of the port. The cost for the TWIC has been finalized at $132.50, or $105.25 if a TWIC applicant has already undergone a similar fingerprint-based security threat assessment, such as for a Hazmat Endorsement or a Free and Secure Trade card. All port worker and truck drivers must visit a TWIC enrollment center to apply and return to pick up the TWIC card.

Transportation workers that need a TWIC can avoid lines and save time during the registration process by pre-enrolling online at the TSA website. The site allows workers to enter biographical information and make a reservation to complete the process in person at the port.

The tentative TWIC enrollment schedule for the next 10 ports is:

November 1, 2007: Corpus Christi, Texas

Mid-November 2007: Baton Rouge, La.; Beaumont, Texas; Honolulu, Hawaii; Oakland, Calif.; Tacoma, Wash.

Late November 2007: Chicago/Calumet, Ill.; Houston, Texas; Port Arthur, Texas; Providence, R.I.; Savannah, Ga.

For more information the TWIC and the latest deployment schedule, see the following link:
www.tsa.gov/what_we_do/layers/twic/index.shtm.

Labels: Ports

The controversial bill (SB 974) that would have imposed a $30 per twenty foot equivalent unit (TEU) user fee on container cargo imported and exported through the ports of Long Beach, Los Angeles and Oakland has been withdrawn by its sponsor in the California Assembly after Governor Arnold Schwarzenegger threatened to veto the measure. The author of the bill, California State Senator Alan Lowenthal (D-Long Beach), has vowed to reintroduce the bill next year.

In a joint statement, Governor Arnold Schwarzenegger and Senator Alan Lowenthal (D-Long Beach) said:

“Our ports are an integral component of goods movement in and out of California. I support the concept of SB 974 and want to work together with Senator Lowenthal on the bill so it addresses the future of goods movement while also reducing environmental impacts. I look forward to working during the fall recess with the Senator, his fellow legislators and all interested parties to craft a solution that will protect California’s air quality and also facilitate the goods movement through California,” said Governor Schwarzenegger.

“I am pleased that the Governor understands the need to fund air quality improvements and rail infrastructure, especially grade separations. I accept the Governor’s offer to work together and make SB 974 a reality,” stated Lowenthal.

SB 974, which was approved by California Senate's Appropriation Committee in July, would have imposed a "user fee" on all container cargo going in and out of the ports of Los Angeles, Long Beach and Oakland. It is estimated that more than $500 million would be collected annually from the fee and would fund projects intended to alleviate pollution of containerized cargo moved to and from these ports and improve the movement of cargo in California.

The California Legislature passed a similar bill last year (SB 927) to that would impose user fees on containers moving through he ports of Long Beach and Los Angeles. However, California Governor Arnold Schwarzenegger vetoed the bill. In his veto statement, the Governor said that the bill was "flawed in its construction" and was drafted "to include only two ports and applies only to goods shipped in containers, ignoring all other forms of shipping and ports of entry." Governor Schwarzenegger also stated that the bill would have a negative impact on the "the sale and delivery of goods grown and manufactured in California." SB 974 addressed one of the Governor's concern by expanding the scope of the user fee to include the port of Oakland.

The container fee has been strongly opposed by many trade groups on grounds that the user fee will hurt California's ports, is anti-consumer and is likely to be unconstitutional.

Labels: Miscellaneous, Ports