The rules, being introduced on August 1 as part of the 9/11 Commission Act of 2007 to combat terrorism, are expected to have a significant impact on the logistics and safety of shipping works of art, and the US Transportation Security Administration (TSA) is concerned that shippers may not be ready for them.
As much as 20 per cent of all art is thought to be transported in this manner.
The authorities believe that museums, which tend to have relatively long lead times for planning exhibitions, will cope better with the delays that the new rules are expected to create. And some of them have already signed up to a federal programme that allows them to create their own secure screening facilities in-house, thereby reducing the risk of further intrusive checks at airports.
However, art and antiques dealers needing to ship items quickly between galleries, clients and fairs, face a much more difficult time.
Under the rules, all items must be screened individually “at a level of security commensurate to that of passenger baggage”, which means that shrink-wrapped pallets covering whole consignments are likely to become a thing of the past.
The TSA has also warned that potential contamination of shipments while in transit to the airport means that “there is a high risk of a physical inspection – opening boxes and removing content”.
Apart from the delays resulting from either screening or the unpacking and checking of every individual item in a shipment, there is the question of security and insurance. And there is no guarantee that the person carrying out the inspection will be trained to handle artworks sensitively.
Alexander Rich, associate director of Blackwall Green, the jewellery and fine art division of insurers Heath Lambert, told ATG that the measure potentially had “huge implications” for dealers shipping items to US clients.
“The industry needs to catch up over here on the likely impact of this legislation, but from an insurance point of view we will probably wait and see what its effects are until after August,” he said.
“If little or no damage is caused to items in transit, underwriters will probably not react, but if it leads to a raft of claims, they will.
“We have had similar problems with the US fish and wildlife authorities opening and tampering with objects made from ivory.”
He noted that one or two shippers in the UK appeared to have applied for and achieved Certified Cargo Screening Facility (CCSF) status, which would allow them to tender cargo directly to a passenger air carrier or freight forwarder under the new regulations. However, it is not clear whether items dispatched under these conditions could still be subject to individual inspection at airports if the authorities decided to intervene.
Either way, Mr Rich said that the increased risk of items being unpacked by non-specialist inspectors at airports would mean shipping would be a “white knuckle ride” for dealers who frequently send art and antiques to the US.
The International Convention of Exhibition and Fine Art Transporters have also raised concerns over security and logistics linked to the new regulations. They, too, are waiting to see what the impact will be. A special report in their recent newsletter can be read at http://www.icefat.org/newsletter_4-09/pre-screening.html.
Williams & Hill, a shipping firm located near Heathrow, have been aware of the impending changes for some time and have taken the precaution of earning “Listed Agent” status with the Department for Transport (DfT).
“As a listed agent, we have been validated by the DfT (Air cargo) to present cargo into an air carrier with a status of “known cargo” and are therefore exempt from any requirement to x-ray the goods prior to loading onto an aircraft,” said spokesman Lloyd Brammer.
“Gaining this validation was the result of meeting stringent security procedures both in terms of the security and accessibility of our facilities; as well as the training of our staff and approved internal procedures.”
It is not clear whether the TSA will recognise the DfT validation, but it seems to be the closest UK shippers can get to meeting the requirements of the new US regulations.
“All items that are packed by our staff will be hand-searched as part of the packing process and will therefore be shipped as ‘known cargo’,” explained Mr Brammer.
“Of the few items that we receive into our care that have been packed prior to receipt, we can either open and head search the item and thus give the status as ‘known cargo’, or alternatively we can ship them as received, whereby they will have status as ‘unknown cargo’ and be subject to X-ray procedures by the airline. This may be the case with some of our customers such as galleries who opt to pack/crate their own items.”
By Ivan Macquisten
