WASHINGTON—Industry trade groups and Customs officials are wrestling behind the scenes over proposed new requirements for importers that participate in the Customs-Trade Partnership Against Terrorism program (C-TPAT). Some international traders say those measures would make compliance with the program extremely difficult, if not impossible.

Since October, U.S. Customs and Border Protection (CBP) has been circulating drafts of proposed changes to C-TPAT, under which the federal government works with importers and exporters to secure the nation's borders against terrorist attacks.

Customs officials note that their new proposals reflect a compilation of the best practices of current C-TPAT members. A key proposal is a requirement that importers establish a documented program for security-risk assessment of their overseas suppliers. Importers would also be required to have written processes for selecting business partners and provide documentation showing whether those partners are C-TPAT certified. "We've always required the importer to reach out to the supplier base to find out who's doing what," said C-TPAT program manager Edward Moriarty. "We're just providing more details on our expectations."

Customs also wants to impose new requirements for ensuring container security. Although importers have been responsible all along for the physical integrity of containers during loading, the proposal would require them to also store full or empty boxes in a secure area. In addition, importers would have to develop reporting procedures for break-ins as well as ways to prevent unauthorized entry into containers or storage areas. Finally, Moriarty said, importers would have to write and implement procedures for overseas suppliers to affix security seals to containers.

Trade groups are concerned that the proposed C-TPAT revisions appear to conflict with the program's voluntary status. "The draft standards provide mandatory requirements with little room for flexibility," the American Association of Exporters and Importers (AAEI) wrote in filed comments.

Another potential problem raised by the proposals is liability if a terrorist attack should occur in the supply chain of an importer that has voluntarily provided assurances to Customs that its security procedures meet requirements. "What are the [legal] implications for companies that voluntarily subscribe to these provisions?" asked Peter Gatti, vice president of policy for the National Industrial Transportation League. "It opens up a question of liability through a program like [C-TPAT]."

The AAEI has expressed concerns that importers could be held responsible for security in places where they may have no control, such as the premises of small suppliers in Third World countries. "The CBP's continued attempt to make the importer responsible for container security seems misplaced," the group told Customs. "Importers do not have the expertise or wherewithal to guarantee container security."

The federal agency is slated to issue its new requirements this month.