Freight & Trade Alliance (FTA) have recently received an increase in member enquiries relating to the List of Approved Offshore BMSB Treatment Providers, possible interim provisions, and clarification on the 120-Hour Transshipment Rules.
We reached out to the Department of Agriculture, Fisheries and Forestry (the department), and the following clarification and commentary has been provided by the department's Hitchhiker Pests Policy Team.
Due Diligence of Approved Treatment Provider:
Prior to treating goods for BMSB, especially where goods are being treated in a target risk country, due diligence should be taken by the importer / supplier to ensure that the treatment provider is approved and published on the website prior to treating the goods. Checking the list retrospectively does not indicate the treatment provider was approved at the time of the treatment. Treatment providers have to apply prior to the start of each BMSB to be on this list - Offshore Treatment Providers - DAFF (agriculture.gov.au)
BMSB measures have required and still do require any target high risk goods treated in target risk countries must be treated by a treatment provider listed as 'approved' on the List of treatment providers - https://www.agriculture.gov.au/biosecurity-trade/import/before/brown-marmorated-stink-bugs#bmsb-measures-for-goods
Where goods are not treated by an approved offshore treatment provider, the treatment certificate will be deemed to be invalid and the goods will be denied discharge and directed for export on arrival - https://www.agriculture.gov.au/biosecurity-trade/import/before/brown-marmorated-stink-bugs/prepare-import#what-do-i-need-to-do-if-my-goods-require-mandatory-offshore-treatment
Details of the Treatment Providers and their Approval Dates:
The details of the treatment providers and their approval dates are available in two places on the departments list of treatment providers.
The first place that this can be found – is on the Summary of recent changes page. If the client selects the Summary of recent changes section, and then selects the relevant country of the treatment provider, the date the company was approved is readily available.
The second location the details and approval date of the treatment providers can be found is via the individual treatment provider details page. If the client enters the AEI code or treatment provider name in the search boxes at the top of the treatment provider page, the individual treatment provider will show on the line. If you select the line, the option to "View Contact Details" appears on the left side of the list. If you click on this, then the details of the treatment provider, including the approval date and any subsequent changes to their approval will appear.
120 post-treatment window and the 120-hour transhipping window:
Where goods spend more than 120 hours transhipping in a target risk country, they do require treatment for BMSB due to the risk of reinfestation or cross-contamination of the cargo in the transhipping port. Where goods both load and tranship in target risk countries, both the 120-post treatment window and the 120-hour transhipping window apply.
https://www.agriculture.gov.au/biosecurity-trade/import/before/brown-marmorated-stink-bugs/prepare-import#goods-transhipping-through-a-target-risk-country
Underbond movement of non-compliant cargo:
Movement of these potentially non-compliant goods underbond to an AA does not exclude the goods from being subject to the measures, and any associated outcomes resulting from an unacceptable treatment. Even though ABF permits underbond movements to be lodged, underbond movements should not be utilised to move containers held for Biosecurity concerns, particularly if there is the potential for goods to be non-compliant with BMSB measures. There are already provisions in place for broker to contact the department to request movement of these goods to Class 1 AA where there may be potential delays relating to document processing, however it looks like this has not been utilised, and if it had, the department would not have permitted the movement due to the potential risk.
Underbond movement of non-compliant cargo is also specifically addressed in our published frequently asked questions.
Movement of non-compliant BMSB break bulk cargo (including open top and flat rack containers), including movement via underbond, is not permitted. If non-compliant BMSB break bulk has been moved off the wharf, a direction will be issued to envelope tarp the goods and to undertake a verification inspection by a departmental officer prior to movement back to the wharf for export. A non-compliance report will be lodged against all relevant parties.
No exemptions from this requirement will be approved and all non-compliant break bulk (including open top and flat rack containers) will be directed for export.
There are no provisions for this cargo type to be treated onshore for BMSB. These requirements are applied equally and consistently to all goods shipped as break bulk (including open top and flat rack containers) that arrive non-compliant.
We would like to thank the Department for their engagement.
Bianca Flint
Member Support - Trade Operations | Licensed Customs Broker
Freight & Trade Alliance (FTA)