ITA Seeks Comments on Proposal to Collect Information for U.S. - EU Safe Harbor Privacy Framework

On April 11, 2011, the International Trade Administration (ITA) posted a notice in the Federal Register seeking comments on proposal to collect information for the U.S.–EU Safe Harbor Privacy Framework.

In response to the European Union Directive on Data Protection that restricts transfers of personal information from Europe to countries whose privacy practices are not deemed “adequate,” the U.S. Department of Commerce has developed a “Safe Harbor” framework that will allow U.S. organizations to satisfy the EU Directive’s requirements and ensure that personal data flows to the U.S. occur without interruption. The framework bridges the differences between the EU and U.S. approaches to privacy protection.

As of December 10, 2010, 2,415 U.S. organizations have been placed on the Safe Harbor List. Organizations that have signed up to this list are deemed ``adequate'' under the Directive and do not have to provide further documentation to European officials.

The Safe Harbor List is necessary to make the Safe Harbor agreement operational, and will be used by EU organizations to determine whether further information and contracts will be needed for a U.S. organization to receive personally identifiable information.

EU To Start Advance Shipment Information Requirement on January 1, 2011

Beginning January 1, 2011, the European Union will start enforcing the requirement to electronically provide advance information for goods being imported from non-EU countries into the EU. Carriers will be required to file an Entry Summary Declaration (ESD) using the EU’s Import Control System (ICS) no later than 24 hours before vessel loading at the foreign port; however, importers will be responsible for providing accurate information in a timely manner to their carriers or face indefinite cargo delays by customs authorities. All non-EU shipments that are destined for or transshipped via the EU are subject to this requirement.

ICS is similar to the 10+2 requirement in the U.S. The goal of ICS is to enable customs authorities to assess any risks shipments may pose by evaluating shipment information in advance.

As of mid-October, Denmark, Greece, and Luxembourg did not yet have ICS in place. While the EU Commission is working closely to correct the situation, exporters with shipments into Denmark, Greece or Luxembourg may wish to verify with their carriers that procedures are in place to ensure smooth imports into those countries.

EU Customs Information Portal provides answers to Frequently Asked Questions (FAQs) as well as time limits for filing of ENS, which vary depending on the mode of shipping:
















Containerised maritime cargo (except short sea containerised shipping)

At least 24 hours before commencement of loading in each foreign load port
Bulk/ break bulk maritime cargo (except short sea bulk/ break bulk shipping) At least 4 hours before arrival at the first port in the Community
Short sea shipping
At least 2 hours before arrival at the first port in the Community
Short haul flights (less than 4 hours duration) At least by the time of the actual take off of the aircraft
Long haul flights (more than 4 hours duration) At least 4 hours before arrival at the first airport in the Community
Rail and inland waterways At least 2 hours before arrival at the customs office of entry in the Community
Road traffic At least 1 hour before arrival at the customs office of entry in the Community


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