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Mandatory Advance Electronic Information for International Mail Shipments rule (2021)

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The Mandatory Advance Electronic Information for International Mail Shipments rule is a significant rule issued by the U.S. Customs and Border Protection (CBP), U.S. Department of Homeland Security (DHS) effective March 15, 2021. It required the United States Postal Service (USPS) to give advance electronic information regarding inbound international mail to address the entrance of synthetic opioids and what CBP called other dangerous items into the United States. CBP issued this rule pursuant to their authority under the Synthetics Trafficking and Overdose Prevention Act of 2018 (STOP Act).[1]

HIGHLIGHTS
  • Name: Mandatory Advance Electronic Information for International Mail Shipments
  • Code of Federal Regulations: 19 CFR 4, 122, 123, 145, and 149
  • Type of significant rule: Economically significant

    • Timeline

    The following timeline details key rulemaking activity:

    Background

    President Donald Trump (R) declared a public health emergency in 2017 regarding the 45% increase in opioid overdose deaths between 2016 and 2017. CBP said the rates of opioid-caused deaths had continued to increase at the time they published the Mandatory Advance Electronic Information for International Mail Shipments rule. Congress enacted the Synthetics Trafficking and Overdose Prevention Act of 2018 (STOP Act) to address the entrance of opioids, specifically fentanyl, into the United States via mail; the STOP Act required the United States Postal Service to provide electronic and advanced notice of inbound mail shipments, but the international post system is largely paper-based. The rule implemented regulations to increase communication both electronically and in advance of inbound mail shipments' arrival in the U.S. to address that gap.[1]

    Summary of the rule

    The following is a summary of the rule from the rule's entry in the Federal Register:

    “ To address the threat of synthetic opioids and other dangerous items coming to the United States in international mail shipments and to implement the requirements of the Synthetics Trafficking and Overdose Prevention Act of 2018 (STOP Act), U.S. Customs and Border Protection (CBP) is amending its regulations to require the United States Postal Service (USPS) to transmit certain advance electronic information to CBP. These amended regulations provide that, for certain inbound international mail shipments, CBP must electronically receive from USPS, within specified time frames, certain mandatory advance electronic data (AED) and updates thereto. These regulations describe the new mandatory AED requirements, including the types of inbound international mail shipments for which AED is required, the time frame in which USPS must provide the required AED to CBP, and the criteria for the exclusion from AED requirements for mail shipments from specific countries. The regulations also address compliance dates and the necessary remedial actions that must be taken with respect to shipments for which USPS has not complied with AED requirements.[1][2] ”

    Summary of provisions

    The following is a summary of the provisions from the rule's entry in the Federal Register:[1]

    “

    The new regulations provide that for certain inbound international mail shipments, CBP must electronically receive from USPS, within specified time frames, certain mandatory AED and updates thereto. The AED requirement generally pertains to all mail shipments except for letter-class mail—documents. Letter class mail—documents means letter class mail containing only documents ( i.e., any piece of written, drawn, printed, or digital information), excluding objects of merchandise, and may include M-bags to the extent that such items do not contain goods. This exception for letter-class mail—documents is comparable with the current AED requirements for non-mail, which do not apply to letters and documents. Specifically, the new regulations provide that USPS must transmit AED for inbound international mail shipments containing goods classified as Express Mail Service (EMS), parcel post, or Letter-class mail—goods, unless a shipment originates from a country that CBP has, in accordance with the procedures set forth in the new regulations, excluded from the AED requirements and has informed USPS of the exclusion. The new regulations will not require AED for letter-class mail—documents and items for the blind consisting of correspondence, literature in whatever format including sound recordings, and equipment or materials of any kind made or adapted to assist blind persons in overcoming the problems of blindness (up to 7 kilograms). Under this rule, AED will also not be required for items sent as Parcel Post or EMS that do not contain goods. Similarly, AED will not be required for returned U.S. origin items, items transiting the U.S. in closed transit, items sent as U.S. domestic mail, or mail treated as domestic, including mail to or from APO, FPO, and DPO addresses, mail to or from U.S. territories and possessions, and mail, from or between the Freely Associated States of the Federated States of Micronesia, the Republic of the Marshall Islands, and the Republic of Palau. However, this exclusion does not preclude CBP's existing authority to inspect any of these shipments. Pursuant to the new regulations, USPS must provide the required AED to CBP as soon as practicable, but no later than prior to loading the inbound international mail shipment onto the transporting conveyance. Additionally, USPS must electronically provide CBP with updates to the AED as soon as USPS becomes aware of any changes to the submitted data or as soon as it becomes aware that more accurate data is available, until the timeframes for updated AED set forth in the Air Cargo Advance Screening (ACAS) regulations at 19 CFR 122.48b(b)(2).

    In accordance with the STOP Act, these regulations also contain the criteria by which certain mail shipments from specific countries may be excluded from the requirement to provide AED. Namely, if a specific country or countries do not have the capacity to collect and transmit AED, represent a low risk for mail shipments that violate relevant U.S. laws and regulations, and account for low volumes of mail shipments that can be effectively screened for compliance with relevant U.S. laws and regulations through an alternative means, they may be excluded from the AED requirement. CBP will re-evaluate determinations to exclude specific countries from the requirement to provide AED at a minimum, on an annual basis.

    Additionally, these regulations incorporate provisions of the STOP Act that address compliance dates, as well as the necessary remedial actions that must be taken with respect to shipments for which USPS has not complied with the AED requirements.[2]

    		”

    Significant impact

    See also: Significant regulatory action

    Executive Order 12866, issued by President Bill Clinton (D) in 1993, directed the Office of Management and Budget (OMB) to determine which agency rules qualify as significant rules and thus are subject to OMB review.

    Significant rules have had or might have a large impact on the economy, environment, public health, or state or local governments. These actions may also conflict with other rules or presidential priorities. Executive Order 12866 further defined an economically significant rule as a significant rule with an associated economic impact of $100 million or more. Executive Order 14094, issued by President Joe Biden (D) on April 6, 2023, made changes to Executive Order 12866, including referring to economically significant rules as section 3(f)(1) significant rules and raising the monetary threshold for economic significance to $200 million or more.[1]


    The text of the Mandatory Advance Electronic Information for International Mail Shipments rule states that OMB deemed this rule economically significant under E.O. 12866:

    “ This rule is a 'significant regulatory action,' and one that the Office of Information and Regulatory Affairs has determined is economically significant under section 3(f) of Executive Order 12866.[2] ”

    Text of the rule

    The full text of the rule is available below:[1]

    See also

    External links

    Footnotes

    1. ↑ 1.0 1.1 1.2 1.3 1.4 1.5 1.6 1.7 Federal Register, "Mandatory Advance Electronic Information for International Mail Shipments," January 30, 2024.
    2. ↑ 2.0 2.1 2.2 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
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