What are cargo theft techniques?

• A company should be aware of common cargo theft techniques and inform drivers to help keep shipments—and the community—safe.

Cargo thieves use several theft techniques on drivers and in places the load is staged. Carriers should be aware of these techniques to help the company empower itself and its drivers to keep shipments secure. Some theft techniques and scenarios are listed below.

Coerced hijackings

Technique: Thieves coerce or compel a driver to make an unplanned stop, creating a hijacking opportunity.

Scenario: The commercial driver pulls over for the purpose of rendering assistance to a supposed disabled motorist, and armed thieves, traveling in another vehicle, detain the driver and hijack the load.

Noncoerced hijackings

Technique: Perpetrators follow a targeted vehicle and wait for an opportunity when the truck driver stops or breaks (at a signal light, truck stop, rest area, etc.). Thieves have been known to follow a tractor-trailer through several states before hitting the mark.

Scenario: Once the driver stops, one or several gunmen enter the cab, detain the driver, and transport the load to a predesignated destination.

Grab-and-run thefts

Technique: Cargo thieves who have inside information of a load of high-value merchandise travel in a large van or box truck, following a targeted truck or tractor-trailer combination waiting for it to stop.

Scenario: Once the truck stops for an extended period, such as a meal break, several suspects exit a vehicle, break into the trailer, and off-load as much property as possible before the truck driver returns. In some instances, grab-and-run incidents can occur at intersections even while stopped at a stoplight.

Burglarized staged cargo

Technique: Cargo theft occurs at transportation facilities, commercial industrial parks, and intermodal railroad yards as the load is staged.

Scenario: Organized cargo theft groups enter the targeted facility, post lookouts, and spend several hours breaking into trailers and containers searching for desirable commodities to steal. Burglaries most often occur over weekends and holidays and during evening hours.

How to select a security device

• Companies should review a variety of load factors when determining which security device will be most effective.

Cargo security devices include a variety of options. When determining which security seal to use, decision makers must consider:

• The level of risk associated with a specific load,
• Contracts with customers,
• Environmental exposures, and
• Obligations for participation in security initiatives.

There are several types of security devices to compare for a load, including:

• Padlocks. When a company-issued padlock is used to secure the load, a strict key control policy must be in place. The keys should be marked as “don’t duplicate.”
• Gladhand lock and kingpin locks. These two devices are used to immobilize trailers so trailers cannot be moved. Criminals cannot escape with the freight through stealing the company’s trailer.
• Security seals. Whatever level of sophistication, security seals still fall into one of two categories:
  • Indicative seals:
    • Designed to alert users of entry into a trailer,
    • Not strong enough to deter or prevent intrusion,
    • Manufactured for a one-time use,
    • May be used with an accompanying lock,
    • Constructed of plastic, wire, or thin strips of sheet metal, and
    • Marked with unique serial numbers or an identifier.
  • Barrier (high-security) seals:
    • Designed to deter intrusion,
    • Constructed of metal or metal cable, and
    • Require sturdy bolt cutters or cable cutters for removal.

Security seal obligations for C-TPAT & PIP members

• Certain customs initiatives require motor carriers to use an ISO 17712 high-security cargo seal.

For use of a Free and Secure Trade (FAST) lane into the United States and/or Canada, motor carriers can apply for membership in the following border-crossing security programs:

• U.S. Customs-Trade Partnership Against Terrorism (C-TPAT) program
• Canadian Partners in Protection (PIP) program

Membership in either customs initiative requires implementation of minimum-security criteria, including the use of an ISO 17712 high-security cargo seal. Qualifying cable and bolt seals are both acceptable.

A carrier that habitually fails to seal a load with an ISO 17712 security seal may have its C-TPAT privileges suspended if it does not address its security shortfall.

Identifying an ISO 17712 security seal

ISO 17712 high-security seal markings include:

• The manufacturer’s name, and
• An imprinted “H.”

For more information, go to U.S. Customs-Trade Partnership Against Terrorism.

Tips when reviewing driver applications

• Employers should consider and beware of several factors on driver applications.

The following tips are provided to help carriers know what to look for — and look out for— when reviewing written application forms.

Look for:

• Legibility. The application must be legible if the information it contains is to be verified. An unreadable application may be an attempt on the part of the applicant to confuse or mislead an inexperienced or harried recruiter. In today’s environment, driver recruiters shouldn’t take anything for granted.
• Accuracy. Names, phone numbers, and addresses of each past employer should be accurate and easy to follow up on. A driver who creates too much legwork by providing inaccurate or incomplete contact information may be trying to hide something. In addition, make sure all dates of employment, traffic violations, and accident data match state motor vehicle records (MVR) and pre-employment screening reports (if used). A cause for concern is when information on a driver’s application does not match with other verifiable records.
• Completeness. In particular, make sure the application includes all required personal information such as the driver’s:
  • Complete name, address, date of birth, and social security number (SSN);
  • Addresses of current and past residences;
  • A list of all convictions of motor vehicle laws for the past three years;
  • A statement detailing any denial, revocation, or suspension of driving privileges;
  • A chronological list of all previous employers, starting with the most recent for the past three to ten years; and
  • Signature along with the date the application was submitted.

Look out for:

• Gaps in employment. Perhaps the biggest red flag to look for when reviewing an application is unexplained gaps in employment. Make sure to fill in the blanks of all employment gaps with verifiable information before making any hiring decision.
• Frequent job shifts. Why can’t the driver seem to find the right employer? An unstable work history is a warning sign and might be an indicator of larger problems with the applicant. A driver who has had five driving jobs in the last two years may not be a solution for a company’s driver capacity needs.
• Frequent moves in residence. In addition to frequent job-hopping behavior, also look for instability at home. If the driver has lived at three or four residences within the past three years, find out why. Is the candidate trying to elude or hide from someone or something? In addition, be suspicious of an applicant that lists a P.O. Box as a current residence. Again, the questions of, “Is this driver trying to hide something?” should be raised in this instance.
• No direct supervisor(s) listed. A prospective driver who fails to name specific previous dispatchers or supervisors on an application may be attempting to hide a poor work history or cover up a suspicious incident. As a matter of company policy, motor carriers should require applicants to not only list the names of previous employers, but the names of direct supervisors as well.
• Previous supervisors no longer work for the employer. On a related note, if the applicant does list previous supervisors, but adds that most (if not all) no longer work for the given previous employer, view this as another possible red flag.
• All previous employers are listed as being out of business. While the motor carrier industry does experience its share of corporate failures, be suspicious of any applicant who lists two or more bankruptcies or went out of business as reason for leaving a previous employer.
• Reasons for leaving are vague. Often, security is all about the details. Driver candidates who provide detailed and specific information on an application, tend to be the ones with little, if anything, to hide. Conversely, it’s the responsibility of the employer to probe for detail.

HR topics to review as you hire motor carrier employees: Americans with Disabilities Act and Discrimination.

What are red flags during driver interviews?

• Employers should watch out for vague, concerning, or incomplete answers during driver interviews.

When interviewing an applicant, recruiters and other carrier officials should be trained to assess the candidate’s answers not only for what is revealed, but also for what is not revealed. Vague or incomplete answers to specific and detailed questions may be indicators of the applicant trying to hide information and should raise concerns (red flags).

Interviewers should fill in all gaps and dig for complete information. Applicants should be expected to provide satisfactory answers to the following red flags:

• Reoccurring themes. During an interview, if the reasons an applicant gives for leaving previous employers sound like, “My dispatcher lied to me,” or “I didn’t trust the management,” or “My recruiter misled me,” the problem might just be with the applicant and not the former employers.
• Inappropriate expressions of hostility. This red flag is the next level to the above point of reoccurring themes. If the applicant expresses undue, aggressive, or even hostile emotions toward past jobs, supervisors, the government, etc., such displays need to be viewed as indicators of future behavior and should be considered major red flags.
• Gaps in employment. All significant gaps in employment need to be fully explained in detail. Employers need to ensure that former employers are not being omitted from the application to prevent a less-that-favorable reference. (Note: Some states prohibit discrimination based on employment status due to the economy.)
• Desperation to be hired. Carriers should be cautious of applicants who seem more anxious to get behind the wheel of a tractor-trailer than he or she is to find out about the company or the driving position. Is the candidate experiencing severe financial trouble, or does the applicant have a darker agenda?

HR topics to review as you hire motor carrier employees: Americans with Disabilities Act and Discrimination.

Guidelines for interview questions

• Employers should ask each applicant the same questions to lawfully obtain critical background information.

In addition to serving as an information-gathering tool, if done improperly, the in-person driver interview can quickly become a corporate liability.

Asking questions prohibited by the Equal Employment Opportunity Commission during any pre-employment interview may open the door for an applicant to take legal action against the company. However, in the current safety- and security-conscious environment, motor carriers need to gather as much applicable information on a driver candidate as possible.

Lawful questions

How can carriers stay within the law while obtaining critical background information on each applicant during the in-person interview? One way is to be consistent by asking each applicant the same questions for a particular position.

HR topics to review as you hire motor carrier employees: Americans with Disabilities Act and Discrimination.

What previous employer information is required in the regulations?

• FMCSA hiring regulations are a starting point companies should use to investigate driver applicants.

See also Driver Qualifications

With respect to the regulations, investigation and inquiries into a driver’s background are designed mainly to verify the driver’s driving experience and the accuracy of the information the prospective driver provided on the application.

The regulations provide a starting point for investigating the background of prospective drivers.

Section 391.23 of the Federal Motor Carrier Safety Regulations (FMCSRs) states that each motor carrier shall make the following investigations and inquiries with respect to each driver it employs:

• Driving record during the preceding three years (requested from the state driver’s licensing agency); and
• Safety Performance History during the preceding three years.

The regulation requires previous Department of Transportation (DOT) employers to produce the requested safety performance history information.

However, any previous employers not regulated by the DOT are not obligated to respond to any inquiry.

Accepting a previous employer’s refusal or unwillingness to share information may not be an option. The potential security risks of a company not knowing exactly who it’s hiring are too high. Motor carriers need to verify all background information from prospective drivers every time.

Tips to effective driver background investigations

• Employers should thoroughly investigate the information provided by driver applicants.

The following tips are provided to help employers obtain the necessary previous employer information:

• Contact people, not places. The most useful references will generally come from the people the applicant has worked for or with. Ask the driver to provide the names of former supervisors, managers, and even drivers. Be suspicious of any applicant who cannot produce, or refuses to provide, these names.
• Follow up on all requests. Most employers will not provide any information on former employees over the phone. If this is the case, fax or mail the request for information. Make sure the hard copy request clearly identifies the hiring person’s name and organization and the reason for requesting the information. Timely follow-up is critical. Many carriers have even developed a standard form that asks previous employers:
  • The dates of employment.
  • Whether the former employee is eligible for re-hire, and if not, why not?
  • What were the employee’s job duties and responsibilities?
  • If there is any other relevant or safety-related information the previous employer can provide.
• Look for incomplete, misleading, or omitted data. Often, irresponsible, or even felonious, drivers will try to obscure a negative or poor past employment experience by omitting a previous employer on the application, or by providing misleading information. This type of irregularity should be viewed as a major warning sign.
• Get a release. Develop and have the driver sign a special authorization to release information statement for all former employers. This should make the reference checking process more comfortable for all concerned parties. If the driver refuses, again, this might be a warning sign.

Warnings

Don’t just verify work history. Look for signs that the driver left previous employers under less than amiable terms.

For example, if the driver is applying for a position that pays less than a previous job, this could be a red flag that requires deeper investigation. It is highly unusual for a driver to take a significant cut in pay and benefits when switching employers.

Was the driver forced to leave because of a drug or theft incident? It’s the prospective employer’s job to find out.

Conducting a thorough and consistent investigation into the employment background of every new driver should produce the timeline and work experience information motor carriers need to make responsible and safe hiring decisions.

A final note on reference checking — expect it to be a frustrating and time-consuming process. Because of the transient nature of the motor carrier industry — characterized by high driver turnover — it is not unusual for a driver candidate to have numerous previous employers listed on the application.

But regardless of how many previous employers a prospective driver has had, if employers intend to go on with the qualification process, each one must be contacted.

HR topics to review as you hire motor carrier employees: Americans with Disabilities Act and Discrimination.

Controlling yard access and entrances

• A company should keep a written log of all traffic going in and out of the facility yard.
• Other yard access control procedures such as restrictive signs and security fencing and gates can provide more security.

Yard security begins at the point(s) of entry. Motor carriers must have a means of observing, and even recording, traffic in and out of facilities.

At a minimum, carriers should develop and implement yard access control procedures that include a written log of all traffic going in and out of the yard. This log should record such things as:

• The date and time of all traffic in and out of the yard;
• The names of all drivers — along with the numbers of the tractor or truck and trailer the drivers are operating — entering or exiting the yard;
• Type of movement (empty or loaded); and
• The purpose for the movement.

The log should be reviewed at the end of each business day, and each daily log should be retained for a minimum of six months.

Additional yard access control procedures motor carriers should consider include:

• Limiting access to only one entrance. Access to terminal yards should be limited to one entrance or gate at all times, especially during evening hours and weekends. Doing so will make the task of controlling and monitoring traffic easier. All other entry points should be sealed off and secured from public travel and access.
• Observing and reporting suspicious activity. Any unusual activity, such as individuals loitering around the gate or a car or van parked outside the fence for a long period of time should be investigated and reported. Criminals will tend to shy away from a vigilant carrier.
• Maintaining the restrictive nature of the entryway. It is strongly recommended that all motor carriers have security fencing and gates in place. However, in all situations, carriers need to send a clear message that facilities, parking lots, and yards are off limits to unauthorized persons and vehicles. At a minimum, carriers should put up restrictive signs at all points of entry to the yard and around the perimeter of the property.
• Employing a reliable guard service. Although this option can be fairly expensive for any motor carrier, the benefits of having live security personnel on duty to monitor yard activities are tremendous.

Controlling access to terminal facilities and yards needs to mean more than monitoring traffic. It also needs to serve as a major deterrent and obstacle to would-be cargo thieves, vandals, or other criminal elements.

A combination of restrictive signs, security fencing and gates, and a system to monitor traffic in and out of the yard will establish such a deterrent.

Securing the yard

• A company should protect its motor carrier yard with a perimeter fence and No Trespassing signs.

Perimeter fencing and signage are some of the most important elements of a motor carrier’s yard security.

Perimeter fencing

The perimeter of any motor carrier’s yard facility should be protected by a security fence to keep unauthorized persons out and to provide some level of privacy. Look for the following when planning or maintaining a perimeter fence:

• Fencing should be at least eight feet high, securely anchored, and topped with a barbed wire section angled outward at a 45-degree angle.
• Chain-link fence should be at least nine-gauge or heavier, with openings no larger than two inches.
• The barrier should be hard to climb over or penetrate. Pay particular attention to areas where it butts up against a building (there may be gaps, or the building may help an intruder to scale the wall or fence).
• Maintain an adequate clearing on both sides of the barrier (for example, don’t plant trees, park vehicles, or store large materials next to the fence or wall).
• Eliminate unnecessary gates or doors in the fencing, or secure entry points tightly.
• Repair broken fences, walls, and other barriers immediately. Carriers should develop and implement a regular schedule of inspection and repair for this purpose.
• Seal other possible entrances that go under the perimeter and could allow an unauthorized person to enter, such as culverts that pass under the perimeter, utility tunnels, or manholes leading into the facility.
• Create a fencing/barrier layout that prevents more than one vehicle from entering or leaving at the same time. Also, the physical barriers (fences, concrete barriers, etc.) should be strong enough to help prevent vehicle theft.
• If possible, post a guard at the entry/exit points to screen all incoming and outgoing vehicles. This can be a significant deterrent and can successfully stop intruders. The guard must be a well-screened, trusted individual.
• Don’t store any ladders or long objects in plain view. These items could be used to scale a fence or enter a building.

Though it may only be a psychological deterrent, carriers should place enough No Trespassing signs around the perimeter of the facility so that one is visible from any approach to the facility.

Exterior security lighting

• Exterior security lighting is an inexpensive, effective way for a company to secure its motor carrier yard.

The value of adequate exterior security lighting as a deterrent to crime cannot be overemphasized. When compared to the potential losses of cargo theft, exterior lighting is a cost-effective security measure that all motor carriers should seriously consider.

The entire facility (buildings, parking lots, fueling areas, doorways, perimeter fencing, etc.) should have adequate lighting. Intruders generally prefer unlit or dark areas.

Lighting should allow security personnel to see all sensitive areas (including the inside of vehicles) and all areas of the perimeter. Watch for areas where the light cones do not overlap and provide a dark corridor through which an intruder could pass unnoticed. In addition:

• Exterior security lighting should be directed downward and away from the facility. This will help prevent glare and will ensure the entire yard is visible from inside the terminal.
• Exterior lighting should be controlled by an automatic photoelectric cell. This will prevent human error and will ensure that the lighting is activated every time.
• All lighting should be secured in vandal/weather resistant housing.

When choosing, reviewing, or evaluating the need for exterior lighting, do the required homework. There are many high-tech as well as conventional options available, from motion-sensing lights to lights built into vehicle barriers. If electrical costs are a concern, consider installing motion-sensing lights on less-critical areas.

Staged/loaded trailer security

• A company should implement some basic loaded or staged trailer security procedures to secure its carrier yards and terminal facilities.

Due to a variety of reasons, most motor carriers find it necessary to stage loaded trailers in carrier yards and terminal facilities. When this need arises, there are increased security risks. Remember, a sitting trailer is a more attractive target than one that is rolling down the highway.

Because of this, motor carriers need to develop and implement a few basic loaded or staged trailer security procedures. Specifically:

• Motor carriers should identify areas of the yard that are specifically designated to store loaded trailers.
• These areas should be close to, and fully visible from, the physical building.
• If the trailers contain hazardous materials, the designated areas should also be fenced in, and access to this area should be restricted and/or limited.
• At no time should load-related paperwork (shipping papers, bills of lading, etc.) be left with loaded and staged trailers. All load-related paperwork from staged trailers should be brought into the terminal where it can be securely stored until the load is scheduled to depart.
• Regular yard checks should be conducted, especially regarding loaded and staged trailers.

Transportation Security Administration (TSA)

• TSA goes beyond airline security and includes all modes of transportation.

See Security credentials.

The Transportation Security Administration (TSA) was housed within the United States Department of Transportation when it was initially created. Within a short period, TSA was transitioned into the Department of Homeland Security based on law from Congress. Though many equate TSA with airline security, its scope extends to all modes of transportation.

TSA is charged with:

• Receiving, assessing, and distributing intelligence information related to transportation security;
• Assessing the threats to transportation and dealing with these threats through developed policies and procedures;
• Serving as a primary liaison between the intelligence community and law enforcement;
• Coordinating efforts with other appropriate departments, agencies, and instrumentalities of the U.S. government; and
• Enforcing security-related regulations and requirements.

U.S. Customs and Border Protection (CBP)

• One of CBP’s primary missions is preventing terrorism.

U.S. Customs and Border Protection (CBP) became an official agency of the Department of Homeland Security in early 2003, combining employees from the Department of Agriculture, the Immigration and Naturalization Service, the Border Patrol, and the U.S. Customs Service.

The goal of unifying the border agencies was to improve the way the U.S. government manages the border. CBP combined skills and resources to make the agency more effective and efficient than when border responsibilities were fragmented into four agencies, in three different departments of government.

A unified goal

Included in those ranks are inspectors, canine enforcement officers, border patrol agents, trade specialists, and mission support staff.

As the single unified border agency of the United States, the CBP mission is vitally important to the protection of America and the American people. The CBP strategy to improve security and facilitate the flow of legitimate trade and travel includes:

• Improving targeting systems and expanding advance information regarding people and goods arriving in the U.S.;
• Pushing the CBP “zone of security outward” by partnering with other governments as well as with the private sector;
• Deploying advanced inspection technology and equipment;
• Increasing staffing for border security; and
• Working in concert with other agencies to coordinate activities with respect to trade fraud, intellectual property rights violations, controlled deliveries of illegal drugs, and money laundering.

See U.S. Customs-Trade Partnership Against Terrorism; Free and Secure Trade (FAST); and Security credentials.

Western Hemisphere Travel Initiative (WHTI)

• Motor carriers should understand the importance of the WHTI for drivers who transport cargo across the border.

The Western Hemisphere Travel Initiative (WHTI) is the result of a law that required the Department of Homeland Security (DHS) and the United States Department of State (DOS) to develop a plan that would require U.S. citizens and foreign nationals to present a passport (or other appropriate secure identity and citizenship documentation) when entering or re-entering the United States.

The goal of the WHTI is to strengthen border security while also making it easier for legitimate foreign visitors, as well as U.S. citizens, to travel into the United States. By requiring every traveler to have a passport or other standardized entry documentation, U.S. Customs and Border Protection (CBP) officers spend more time scrutinizing those travelers who may aim to cause U.S. citizens and visitors harm.

The following documents meet the initiative’s requirements for U.S. citizens and nonimmigrant aliens from Canada entering the United States:

• Passport;
• U.S. Passport Card (also referred to as the PASS Card); this limited-use passport in card format is available for use for travel only via land or sea (including ferries) between the U.S. and Canada, Mexico, the Caribbean, and Bermuda. Similar in size to a credit card, it will fit easily into a wallet;
• Valid trusted traveler program card (NEXUS, Free and Secure Trade, or Secure Electronic Network for Travelers Rapid Inspection);
• U.S. Merchant Mariner Document when traveling in conjunction with official maritime business, if eligible; and
• U.S. Military identification card when traveling on official orders.

U.S. lawful permanent residents can continue to use a permanent resident card (Form I-551) or other valid evidence of permanent residence status. Mexican nationals, including children, are currently required to present a passport with visa or a border crossing card, and therefore there is little to no expectation of change from WHTI.

Enhanced Driver’s Licenses (EDLs)

Rather than go through the application process to obtain a passport, many private citizens and commercial travelers are looking into which driver’s licenses satisfy WHTI.

CBP designated specific enhanced driver’s licenses (EDLs) and identification documents (IDs) as acceptable documents under WHTI. EDLs and IDs issued by several states and provinces are included. These documents may be used to denote identity and citizenship of, as appropriate, U.S. or Canadian citizens entering the United States from within the Western Hemisphere at land and seaports of entry.

EDLs make it easier for travelers to cross the border into the United States because they include:

• A vicinity Radio Frequency Identification (RFID) chip that will signal a secure system to pull up a person’s biographic and biometric data for the CBP officer as the driver approaches the border inspection booth; and
• A Machine Readable Zone (MRZ) or barcode that the CBP officer can read electronically if RFID isn’t available.

According to CBP, no personally identifiable information is stored on the card’s RFID chip or can be transmitted electronically by the card. The card uses a unique identification number that links to information contained in a secure DHS database. This number does not contain any personally identifiable information.

Details of WHTI are outlined on both CBP’s website (cbp.gov) and the U.S. Department of State (state.gov).

Transportation Worker Identification Credential (TWIC)

• Motor carriers must ensure drivers and any passengers accompanying drivers are vetted under the TWIC if they are expected to gain access to specific areas of U.S. port facilities.

Port employees, longshoremen, mariners, truckers, and others who require unescorted access to secure areas of ports and vessels would be required to be vetted under the Transportation Worker Identification Credential (TWIC) program.

What is the TWIC?

The Transportation Security Administration (TSA) and the U.S. Coast Guard (USCG) jointly created and manage the Transportation Worker Identification Credential (TWIC) program. Together they oversee the various requirements and applicability to the program, including the enrollment process, disqualifying crimes, usage procedures, fees, and other requirements for workers, port owners, and operators. Port employees, longshoremen, mariners, truckers, and others who require unescorted access to secure areas of ports and vessels would be required to be vetted under the TWIC program.

In the case of the trucking industry, this would also include any driver helpers or other passengers accompanying the driver in the commercial motor vehicle. If employers have a policy that allows family members to ride along, family members would also be expected to present the credential to gain access to the port facility.

The security requirements to hold a TWIC mimic those for individuals applying for or renewing a hazardous materials endorsement. In fact, the TWIC requirements are included within the same area of regulations as the hazardous materials endorsement background investigation, 49 CFR Part 1572, Credentialing and Security Threat Assessments.

An individual who lacks lawful presence and certain immigration status in the United States, has a connection to terrorist activity, has been determined to lack mental capacity, or was convicted of certain crimes will be ineligible for a TWIC.

TWIC application process

The enrollment process for an applicant is expected to take approximately 15 minutes. TSA will use a combination of fixed and mobile enrollment stations to make the enrollment process as efficient as possible for applicants and owners or operators.

Appointments are encouraged to save applicants time but are not required, and walk-ins are welcome. Appointments to visit an enrollment center must be made via phone at: (855) DHS-UES1.

At the enrollment center, the applicant must:

• Bring the required identity documents;
• Complete the TWIC Disclosure and Certification Form;
• Pay the enrollment fee;
• Provide biographic information and a complete set of fingerprints; and
• Sit for a digital photograph.

Applicants who have completed a comparable threat assessment, such as a hazardous materials endorsement, Free and Secure Trade (FAST) card, merchant mariner’s document (MMD), or merchant mariner license, and wish to pay a reduced TWIC fee because the applicant does not need another threat assessment, must present a hazardous materials endorsement, FAST card, MMD, or merchant mariner license at enrollment.

Applicants will be notified by email or phone as specified during enrollment when the TWIC is available at the enrollment center. Applicants must pick up the TWIC at the enrollment center at which the applicant applied, unless a different location is specified at the time of enrollment. TWICs are usually issued within 6-8 weeks after enrollment.

Once an applicant is notified that a TWIC is ready for pick-up, the applicant has the choice of either making an appointment for card activation (which is recommended) or going directly to an enrollment center (as a walk-in). At that time, the applicant’s identity will be verified by providing a government-issued photo ID, matching the person’s fingerprint to one stored on the TWIC, selecting and inputting a personal identification number (PIN), and reviewing and agreeing to the cardholder responsibilities. Once these steps have occurred, the applicant’s TWIC is activated.

Smart card technology

The TWIC credential itself is a Smart Card (i.e., a card with a small integrated circuit chip embedded in the card).

FAST for commercial drivers

• Employers benefit from having drivers participate in FAST.
• Drivers must meet certain qualifications to be approved for a FAST card.
• Once approved, drivers must comply with the terms and conditions of the FAST program.

Participation in the Free and Secure Trade (FAST) program for drivers not only benefits the drivers’ employers, but it also assists the drivers in the border crossing experience.

The benefits of being an approved driver in the FAST Commercial Driver Program include:

• Use of FAST-dedicated lanes to cross the borders where available;
• Accelerated Customs and Immigration processing; and
• Eligibility to carry cargo for FAST-approved shippers, carriers, and importers.

In addition to the standard Customs-Trade Partnership Against Terrorism (C-TPAT)/FAST benefits, drivers may be able to use this background investigation in other mandated security programs.

FAST vetting process used for other programs

The FAST background investigation uses similar, and in some instances, the same databases as other U.S. driver vetting programs. Rather than duplicate the process, placing an unnecessary burden on the driver and motor carrier, the FAST card may be used for dual purposes for the requirements below.

FAST reciprocity for HAZMAT endorsement. According to the Transportation Security Administration (TSA), drivers licensed in Canada or Mexico to commercially transport hazardous materials will be required to undergo a background check under the United States Customs and Border Protection (CBP) FAST program before transporting placarded amounts of hazardous materials (hazmat) in the United States.

Commercial drivers licensed in Canada or Mexico be restricted from transporting hazardous materials, including explosives, within the U.S. unless drivers have undergone a background check similar to that required for U.S. operators with a hazmat endorsement. TSA has determined that the FAST card, issued by CBP, satisfies the vetting standard requirements as set forth under SAFETEA-LU for commercial vehicle operators registered to operate in Mexico or Canada.

The Hazmat Threat Assessment Program, under the direction of TSA, requires commercial truck drivers applying to obtain, renew, or transfer the hazardous materials endorsement (HME) on the person’s state-issued commercial driver’s licenses (CDL) to undergo security threat assessments conducted by TSA.

FAST reciprocity for transporting explosives. Drivers licensed in Canada or Mexico who transport explosive materials come under the broader definition of hazmat (see section immediately above) and will ensure that drivers licensed to carry explosives are fully vetted by CBP before transporting explosives.

FAST card satisfies WHTI. The Western Hemisphere Travel Initiative (WHTI), which requires either a passport or other acceptable travel document, was required to enter the United States via a land entry from any point in North America. These travel documents are also required of U.S. citizens and alien residents who wish to re-enter the United States. The Department of Homeland Security (DHS) has indicated that the FAST card is an acceptable travel documents for land entry.

FAST card qualifications

To qualify for the FAST program, a driver must be a citizen or permanent resident of the United States (U.S.), Mexico, or Canada, be age 18 or over, and possess a valid driver’s license. A driver must be admissible into the United States and Canada under applicable immigration laws.

In the case of admissibility for the U.S.-Canadian border, both countries must approve the application. Failure to meet the requirements of both countries will result in the denial of the application. A driver can also be disqualified for the following reasons:

• Providing false or incomplete information on the application;
• Having been convicted of a criminal offense;
• Having been found in violation of customs or immigration law; and/or
• Having failed to meet other requirements of the FAST Commercial Driver Program.

When a driver is approved for the FAST program, the driver must comply with the terms and conditions of the program. Drivers:

• Must comply with all customs and immigration laws;
• Must carry the card at all times, and show when requested, the FAST Commercial Driver card plus any necessary personal identification, including immigration documents;
• Must ensure that all persons in the vehicle have a valid FAST Commercial Driver card before reaching the border (if any passengers in the vehicle do not possess a FAST card, the regular service lanes will have to be used);
• Cannot transfer a FAST card to another individual;
• Cannot violate the immigration regulations of the United States and Canada concerning Cabotage; and
• If no longer participating in the FAST program, must return the FAST card to the proper authority.

Hazmat security threat assessment

• Drivers who transport hazardous materials are subject to security threat assessments and regulations.
• The rules that apply to drivers transporting hazmat may not apply to drivers transporting non-hazardous cargo.
• The security threat assessment is performed by the Transportation Security Administration (TSA).

The investigation of commercial drivers transporting hazardous materials (hazmat) helps determine if the driver poses a security risk.

Commercial drivers who have hazardous material endorsements on their commercial drivers’ licenses (CDL) will be required to undergo a routine background records check that includes a review of the driver’s:

• Criminal conviction history;
• Immigration documentation (if applicable); and
• FBI records.

Any applicant with a conviction (military or civilian) for certain violent felonies over the past seven years, or who has been found mentally incompetent, will not be permitted to obtain or renew a hazmat endorsement.

The checks will verify that the driver is a U.S. citizen or a lawful permanent resident.

State driver’s licensing agencies

The Federal Motor Carrier Safety Administration (FMCSA) rules:

• Prohibit states from issuing, renewing, transferring, or upgrading a commercial driver’s license (CDL) with a hazmat endorsement, unless the Transportation Security Administration (TSA) has first conducted a background records check of the applicant and determined that the applicant does not pose a security risk warranting denial of the hazmat endorsement.
• Establish a hazmat endorsement renewal period of at least five years to ensure that each holder of a hazmat endorsement routinely and uniformly receives a security screening. The regulations do not allow for a learner’s permit to be used in the transport of hazardous materials.

Applicants will be subject to a name-based FBI criminal history records check and a check of federal databases.

Current drivers applying to renew or transfer a hazmat endorsement and all new applicants must provide fingerprints.

Under both the FMCSA and TSA rules, no state may issue, renew, or transfer a hazmat license unless TSA has notified the state that the individual holding the endorsement does not pose a security threat.

States must notify holders of hazmat endorsements at least 60 days prior to the expiration date of the CDL or hazmat endorsement that holders must pass a TSA screening process as part of any application for renewal for hazmat endorsement.

The driver will be notified that the person must file a renewal application as soon as possible, but no later than 30 days before the date of expiration of the endorsement. The application form includes questions regarding disqualifying crimes, mental illness, denouncing of American citizenship, alien status, and military service (date and type of discharge).

Drivers are informed under federal regulations to disclose to the state of licensing within 24 hours of being convicted or found guilty by reason of insanity of any disqualifying crime, or if drivers are adjudicated to a mental institution.

The TSA will notify the state if no threat is found on a particular driver. Drivers who do not successfully complete the TSA security screening will not be issued a hazmat endorsement. Drivers may still hold a CDL, but absent of the endorsement.

Note that the state may require a specific action on the part of the driver once the driver receives notification from TSA. Please check with the state licensing agency for clarification.

Appeals process

The regulations provide an appeal process for cases in which the database information is incorrect, to ensure that no driver loses the hazmat endorsement due to inaccurate records.

Also, drivers who committed a disqualifying offense, were found to be mentally incompetent, or were committed to a mental institution may apply for a waiver if the person proves to be rehabilitated and capable of transporting hazmat safely.

Only drivers applying for hazmat endorsements are affected by this rule. If disqualified to hold hazmat endorsements, drivers may continue to transport all non-hazardous cargo.

Canadian and Mexican drivers

Canadian and Mexican drivers who haul hazmat into the United States may only do so if the drivers possess a valid Free and Secure Trade (FAST) card or Transportation Worker Identification Credential (TWIC).

The FMCSA and TSA have deemed the FAST and TWIC vetting processes equivalent to the state endorsement process. U.S. Customs and Border Protection enforce the rule at the border.

Who can participate in C-TPAT?

• Several members of the trade community can participate in C-TPAT.

The Customs-Trade Partnership Against Terrorism (C-TPAT) is a voluntary incentive-based program in which the U.S. Customs and Border Protection (CBP) partners with members of the trade community to strengthen global supply chain security and prevent the supply chain from being compromised by terrorist organizations.

C-TPAT is open to:

• Importers,
• Licensed customs brokers,
• Air freight consolidators,
• Ocean Transportation Intermediaries, and Non-Vessel Operating Carriers,
• Air Carriers,
• Sea Carriers,
• Rail Carriers,
• U.S. Marine Port Authority/Terminal Operators,
• Highway carriers (required for FAST program participation – Free And Secure Trade),
• Mexico Long-Haul Highway Carriers,
• Foreign Manufacturers (required for FAST program participation on the U.S./Mexico border),
• U.S. and Foreign-Based Marine or Port Terminal Operators (MPTOs), and
• Third-Party Logistics Providers.

What are the benefits of C-TPAT?

• Motor carriers will see many membership benefits to participating in C-TPAT.

During the supply chain risk assessment phase of the Customs-Trade Partnership Against Terrorism (C-TPAT) membership process, many organizations have discovered outdated procedures and inefficiencies in the supply chain. This evaluation of the supply chain allows organizations to optimize internal and external management of assets and functions while at the same time enhance security.

Enhanced security practices and procedures together may mitigate the risk of loss, damage, and theft, and reduce the likelihood of the introduction of potentially dangerous elements into the global supply chain.

Consider the following additional benefits of participating in C-TPAT:

• The incorporation of good sound security practices and procedures into existing logistical management methods and processes;
• Greater supply chain integrity;
• Reduced risk mitigation;
• Reduced cargo theft and pilferage;
• Stronger brand equity;
• Improved asset utilization;
• Greater efficiency between internal and external functions;
• Improved security for the workforce;
• Improved marketability; and
• Understanding the end-to-end process, including knowing each entity along the supply chain.

Through the successful collaboration between the U.S. Customs and Border Protection (CBP) and the trade community, C-TPAT enhances the security and efficiency of legitimate trade.

See Free and Secure Trade (FAST)

Mutual recognition of C-TPAT

• The mutual recognition of high security standards and performing similar validations between CBSA and CBP simplifies motor carrier eligibility for PIP and C-TPAT.

Canada and the U.S. signed a mutual recognition arrangement to align Partners in Protection (PIP) with the U.S. Customs-Trade Partnership Against Terrorism (C-TPAT) program. The arrangement recognizes compatibility between Canada and U.S. cargo security programs.

Canada Border Services Agency (CBSA) and the U.S. Customs and Border Protection (CBP) both agree to apply high security standards and perform similar validations when approving companies for membership in the respective programs.

The mutual recognition will make it easier for organizations to be eligible for both PIP and C-TPAT, although a separate application must be submitted for both.

In addition, only one site validation may be necessary for applicants of both programs. But both customs agencies still reserve the right to perform to respective validations. This alignment has a goal of positioning organizations to achieve international recognition in other programs.

Who is eligible for PIP?

• Participants in PIP are classified as either members or associates.

The Partners in Protection (PIP) program is open to eligible organizations, including importers, exporters, highway carriers, marine carriers, air carriers, rail carriers, customs brokers, couriers, warehouse operators, freight forwarders, and shipping agents.

Applicants may also own or operate facilities in Canada that are directly involved in the importation and exportation of commercial goods, or in a U.S. company applying for a Free and Secure Trade (FAST) membership. The applicant must be of good standing.

Participants fall into two categories: members and associates.

• A member can take advantage of the program benefits in addition to receiving program information and updates and participating in program consultations.
• An associate receives PIP program information and updates and is consulted on program changes. These organizations are not eligible for PIP membership but are linked to trade in commercial goods. Potential associates include associations, companies, groups, port authorities, lawyers, and consultants.

Which highway carriers are eligible for FAST?

• Carriers looking to take part in the FAST program must comply with several requirements and participate in additional programs to qualify.

The Free and Secure Trade (FAST) program is open to carriers who:

• Have a demonstrated history of complying with all relevant legislative and regulatory requirements;
• Have entered into a partnership agreement with Customs, Customs-Trade Partnership Against Terrorism (C-TPAT) and/or Partners in Protection (PIP), U.S. Customs and Border Protection (CBP) and/or Canada Border Services Agency (CBSA);
• Have made a commitment to security-enhancing business practices; and
• Use drivers that are in possession of a valid FAST commercial driver card.

Carriers seeking FAST clearance into Canada must be bonded and participate in the Canadian Customs Self-Assessment (CSA) program.

Highway carriers have four FAST participant options.

Expedited clearance:

1. From the United States into Canada.
2. From Canada into the United States.
3. To and from the United States and Canada, i.e., both ways.
4. From Mexico into the United States.

The application process differs for each option.

What are the benefits of participating in FAST?

• Carriers will experience many benefits from participating in FAST.

Organizations that participate in FAST will experience the following benefits:

• Dedicated lanes (where available) for greater speed and efficiency in the clearance of FAST transborder shipments;
• Reduced number of examinations for continued compliance with FAST requirements;
• A strong and ongoing partnership with the applicable countries’ customs administrations;
• Enhanced supply chain security and safety; and
• The knowledge that the organization is carrying shipments for a C-TPAT approved importer.

What is the ACE portal?

• CBP reviews information manually entered by carriers in the ACE portal prior to the truck’s arrival at the border.

The Automated Commercial Environment (ACE) portal requires the manual entry of shipping information. The secured portal allows for some elements (drivers, units) to be stored and reused on the site, but many items that are unique to each shipment must be keyed in each time. The data items that the U.S. Customs and Border Protection (CBP) reviews in advance of arriving at the border include the description of the goods, quantity, tractor/trailers, and driver.

The ACE portal requires data elements included in most dispatch software, but due to the nature of the portal, it must be entered manually and cannot be uploaded from these existing programs. Use of company software would have to meet specifications and be connected to the CBP’s Electronic Data Interchange (EDI) to import information.

Economic advantages

To some, this keying in of information is time-consuming, cumbersome, and a duplication of processes since much of the information is contained in-house in other software applications. But for the small or mid-sized organization, or the occasional border carrier, it may be a more economical means to satisfy the requirement versus investing in the purchase or development of software.

Can motor carriers develop their own software?

• CBP maintains a list of approved vendors for truck manifests.

If carriers are interested in filing Electronic Truck Manifests using Electronic Data Interchange (EDI), the company must write a letter of intent.

The U.S. Customs and Border Protection (CBP) Information Systems Security Policy requires all participants that transmit electronic data directly to CBP’s automated systems to file a signed Interconnection Security Agreement.

If the carrier is using a connection already established through a Service Center or Value Added Network, an Internet Security and Acceleration may not be required.

Vendor software

Some organizations have opted to use one of the software vendors who have approval from CBP. Many of the programs combine the Automated Commercial Environment (ACE) e-Manifest information with daily dispatch software rather than duplicate information.

CBP maintains a list of approved vendors for truck manifests. These programs have been tested and interface with EDI.

How does a motor carrier transmit data to CBSA?

• Motor carriers can transmit data to CBSA through several approved electronic methods.

The Canada Border Services Agency (CBSA) has approved the following electronic data interchange (EDI) transmission methods to submit an e-Manifest to the agency:

• Direct Connect to the CBSA. This option allows users to connect directly with the CBSA’s host system without having to go through a third party or the internet. CBSA has indicated that this option requires businesses to incur an initial investment (i.e., setup cost) and annual maintenance fees.
• The Customs Internet Gateway (CIG) (Canadians only). Through this medium, CBSA provides clients with a method of transmitting and receiving data over the internet. This option requires users to first subscribe to the Canada Revenue Agency (CRA) Public Key Infrastructure (PKI), which provides for the security and integrity of the data. Once a CIG participant, users will also be required to use specific encryption and decryption software which will be made available. Additionally, CIG participants will be required to purchase or develop the protocol software to connect to the CIG. Under this option, data must be transmitted from a Canadian office as the PKI certificate is only assigned to a device in Canada..
• Value Added Network (VAN). A VAN is a public EDI network for companies to input and exchange data. It provides companies dealing with a large number of trading partners with the opportunity to exchange information with one another using a single communication interface. VANs also offer a wide range of services for clients to choose from.
• Service providers. There are many CBSA-approved third-party service providers who currently transmit data on behalf of clients to the CBSA using one or more of the available EDI communication methods. Services, features, and associated costs vary by service provider.
• e-Manifest Portal. The e-Manifest Portal is an option being developed primarily for small- to medium-sized enterprises to facilitate compliance and ease the transition from paper reporting to pre-arrival electronic data transmission.

To use the e-Manifest portal, two accounts must be set up: Portal User and Business.

Portal User accounts are created for each person who will be working in the Portal on the drivers behalf. Portal Users must provide CBSA with the user’s name, email address, and telephone number.

Business accounts are created by an authorized representative of the business called an account owner. The accounts will have to provide a valid carrier code and Shared Secret. The Shared Secret is a temporary access code that is issued to a business that wishes to register for a Portal account. Only CBSA and a legal representative of the company will have access to this information. Once issued, Shared Secrets will be sent by mail to the authorized officers who made the requests.