Changes to the validation of known customers (Page 1)

Why change it?

In the years since the creation of the known customer regime there have been many instances where it has proved less than fully effective. There have been cases where those undertaking the inspection have been influenced by the fact that they are inspecting a customer with whom they wish to continue a commercial relationship, there have been those who have not undertaken a physical inspection of the site at all and there have been those who have formed such a close relationship with a customer to such an extent that it may influence their critical judgement.

Regulatory Impact Assessment

The scheme was developed by a DfT led group, which included representatives from both the forwarding and the producing communities.

It was subject to a full regulatory impact assessment and was approved by the Minister of

State subject to a review three years after commencement.

Who can be a known customer?

The person who Originates the air cargo acts as a distributor or logistics provider or if they see the raw freight, those who pack it.

Who cannot be a known customer?

Someone who acts as an unlisted freight forwarder.

So How will it work?

You will go to the DFT website https://transec-guest:valid@www.ecommunities.dft.gov.uk or phone +44 (0)20 7944 2875. There you will find details of the cost of the inspection, some downloadable training for your staff and details of the validators authorisation booklet. There will also be a hyperlink to the validators website. Once into the validators website you will be able to access a map showing the local government regions. You will be able to click on the region or regions you are interested in and a list of validators who are based in that area will appear.

Or you can opt to display a list of all validators (most have indicated that they are willing to travel to any site). You select which ever validator you want - the choice is yours the fee is the same who ever you pick the only variable is the cost of them getting to you.

You may not use the same validator every year . They are only empowered to inspect the same site one year in three. This is to ensure that you are inspected by a fresh face each year.

You contact the validator by e mail or phone and arrange for a visit to be made. You pay the validation fee per site of £400 plus travelling costs to the validator. The validator will undertake the inspection using a set validation check sheet and they will decide whether they consider the site and the method of work to be of the required standard to enable the air cargo to be designated as known cargo from the site.

So what will the Validators be looking for?

They will be making sure they are talking to the right person. They will be looking to talk to a person or persons who can provide them with the whole range of the information they need e.g. what the existing security measures are and personnel policy and procedures. So it is important to ensure that the relevant people are available on site for interview when the arrangements for the validation inspection are finalised.

Validators may pick staff at random and .ask tq see evidence that written references have been taken up for those staff.

They may also need to see other evidence that there are appropriate recruitment and aviation security training procedures in place for certain staff.

Validators will ask what functions are performed on the site and some of their queries could include:

• Does the organisation being inspected own the cargo being exported?
• Does the applicant manufacture the cargo being exported? If so, where?
• Do they perform a logistics function?
• Are they a distributor?
• What other functions go on at the site?
• Is the site solely occupied by the applicant?
• Who has access to the site?

They will focus on establishing at what point does the air cargo become designated or recognisable as such.

They will be considering if it is identifiable as air cargo by non obvious factors such as common knowledge that this item goes by air, or all exports to this destination fly, or that factors such as the product specification, style or colour range are unique to the destination.

They will be looking to see if it could become identifiable by other means e.g. the wording on the packaging is in Hebrew, or the instructions are in Chinese etc.

In short they will be assessing the targetability of the cargo.

They will take into consideration factors such as, is it a multi modal operation? If so, is it possible to predict which items will go by air?

They will be looking closely at the location where the cargo is prepared for carriage by air and who has access to it.

They will want to know if you take on temporary or agency staff and if you do, what references you obtain from them. If no references are obtained, or if you rely on the agency obtaining the references then the Validator would expect that those temporary or agency staff do not get access to any cargo once it is identifiable as air cargo.

They will be asking how many persons involving all shifts get access to the cargo during the packing process?

They will want to know what background checks have been undertaken on these people has the employee got an unbroken verifiable work history for at least five years? Does the employer have written references? Did the employee have to sign a declaration that they had no criminal record, or if they had a criminal record was this taken into account when the decision was made to employ them?

The validator will want to know what Aviation Security training the packing staff have had. Are they aware of the threat from terrorism and the need to control access to the cargo once it is designated as air cargo?

If the cargo is not packed on the premises the validator will want to know who packs it and where. The cargo will immediately lose its known status if it is packed by a packer who is not either a Listed Agent in their own right (they will have a Listed Agent number you can verify from the DFT website) or are they a known customer in which case they will have a current Validation Certificate and a Unique Site Reference which can be checked with the DFT.

If the prospective known customer is requesting validation on the grounds that they are a packer, the validator will be looking for evidence that their staff have received aviation security awareness training which includes an element of recognition of the key elements of an explosive or incendiary device and that the staff having access to the air cargo have been subject to a five year background check with written references and the declaration of any criminal offences.

They will also been looking at the level of physical protection afforded to the cargo once it has been packed and is identifiable as air cargo. They will want to know how access can be controlled to the known cargo and how many persons get access to the cargo once it is packed and is identifiable as air cargo.