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O’HARE INTERNATIONAL AIRPORT

CBP’S AIRPORT SECURITY PROGRAM

EMPLOYER REQUIREMENTS AND RESPONSIBILITIES

O’Hare International Airport

Badging Office, Terminal Three

Office Hours: Monday – Friday 06:45am to 13:45pm

NOTICE

WARNING: This document contains Sensitive Security

Information that is strictly controlled under 49 CFR parts 15 and 1520 and 19 CFR part 122 of the United States Code of Federal Regulations.

Unauthorized distribution or other use of this document is a violation of federal law and the regulations contained in this document. Unauthorized release may result in civil penalty or other action.

Persons who receive a copy this document from U.S. Customs and Border Protection (CBP) or their employer(s) must control and/or limit its further distribution. No part of this document may be disclosed to persons without a "need to know', as defined in 49 CFR parts 15 and 1520 and 19 CFR part 122, except with the written permission of the Commissioner, U.S. Customs and Border Protection.

Please consult CBP regarding dissemination of this document or providing excerpts of it to other persons/employers.

You must destroy this document (burn/shred) when no longer required for employment or when you are directed to do so by your employer or CBP.

Table of Contents

Page 4: How to Assign Airport Security Coordinators

How to properly post a bond to cover airport security violations

Page 5: How to apply for a CBP security seal (hologram)

Page 6: Employer Requirements

Page 7: Recurring Employer deliverables

Page 8: Denial of a hologram

Page 8-9: Revocation of a hologram

Page 9: Employer violations that may warrant liquidated damages penalties

Page 10: Example letter: Assignment of Airport Security Coordinator(s)

Page 11: Example letter: Letter of Intent

Page 12: Example letter: Request for Temporary CBP Security Seal (hologram)

Page 13-16: Example: Electronic CBP Form 3078

Page 17: Screen Shot: Properly executed electronic Application Prior to Submission to CBP

Page 18-26: 19 C.F.R. § 122, Subpart S, “Access to Customs Security Areas”

Page 27-28: Visitor passes

Page 27: Frequently Asked Questions

In addition to requirements outlined in 49 CFR § 1542, 1544, and 1546, airport operators are also required to follow the guidelines in 19 C.F.R. § 122 Subpart S when requesting access to CBP Security Areas at O’Hare International Airport. Some of the more important points are highlighted below:

1. How to Submit a Letter Assigning Airport Security Coordinators Authorized to Sign Documents Requesting Security Seals:

a) On company letterhead, submit a letter which lists the name, SIDA badge number, and signature of each Airport Security Coordinator (i.e. signatory) authorized to submit applications for CBP holograms. (see page 11 for example).

2. How to Post a Bond:

a) Post an active continuous bond or an Airport Security Area Bond. These bonds are obtained from sureties authorized by CBP. See 19 C.F.R. § 113.62, 113.63, and 113.64 for details. The face value of the bond depends upon how many employees require holograms:

• Fewer than 15 employees- $ 25,000

• Between 15 and 25 employees - $ 50,000

• More than 25 employees - $ 100,000

a) If the employer is NOT the principal on an active continuous bond, CBP requires a type 11 Airport Security Area Bond as mentioned in 19 C.F.R. § 113 Appendix A.

b) How do I get a Customs bond? You can obtain a CBP bond through a surety licensed by the U.S. Department of the Treasury. Please visit the Bureau of the Fiscal Service () for a list of sureties.

c) Many Customs brokers sell bonds and are also agents for sureties. For a list of licensed customs brokers, contact the CBP Broker Management Branch by email at brokermanagement@cbp.

d) Please visit CBPs website for additional information regarding Customs bonds.

e) The Chicago Department of Aviation is required to post a bond.

f) Law enforcement and emergency services agencies are not required to post a bond.

g) CBP’s port director has the authority to require an increase in the bond amount an any time, in accordance with the procedures set forth in 19 C.F.R. § 113.13(c), due to historical non-compliance with laws and/or CBP Regulations.

h) A copy of the bond certificate should be sent to CBP no later than the last business day of the first month of each calendar year or 1/31.

3. How to Apply for a CBP Hologram:

a) Signatories are responsible for administrating all provisions of this handbook.

b) Applications cannot be sent to CBP any earlier than 30 days before expiration of the SIDA badge.

c) Each signatory must complete and sign a letter of intent (LOI). An example of the Letter of intent can be found by clicking on the link near the upper right corner of CDA’s badging website at .

d) The signatory must scan copies of REAL ID compliant documents proving identification, citizenship (and work authorization if not a citizen or resident of the U.S.). Click on for details of what documents satisfy REAL ID compliant documents.

e) Signatory must then complete the PDF version of CBP’s electronic 3078, “Application for Identification Card.” Click on

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To fill out the electronic 3078.

f) A link to the electronic versions of the electronic 3078 above will be posted to the CDA badging website under holograms.

g) Click the gray “Submit Application” button on page 4 when complete. The form will automatically generate an outgoing email addressed to CBPHOLOGRAMSORD@cbp. along with the first and last name of the employee. You must enter either “renewal” or “firsttime” on the subject line so CBP is aware if the employee already has a hologram.

h) We have LOTS of problems with employees working aboard aircraft with blue holograms. Anyone working on an aircraft or in the jet ways while an aircraft is readying to depart or arriving from foreign MUST have a RED hologram (ZONE #1)

• Zone 1 – a red hologram allows an employee access to the Federal Inspection Service (FIS), sterile corridors and jet ways leading to and from aircraft arriving from international destinations or aircraft readying for departure to international destinations. Generally, employees involved with cleaning, catering, cargo loading, baggage loading, internal fuselage maintenance, and boarding functions require a red hologram.

• Zone 2 – a dark blue hologram allows an employee access to areas near arriving or departing international flights. These employees may NOT access the aircraft, the FIS, jet ways, and sterile corridors. Areas that require a blue hologram include the envelope of the aircraft (i.e. employees in areas surrounding both arriving international aircraft or aircraft departing for foreign destinations) Fuelers, baggage handlers, maintenance workers conducting work external to the aircraft, deicing operators, etc.)

i) Areas used for the storage, processing, or handling of non-bonded cargo, such as cargo terminals and the adjacent ramp/tarmac areas where NO international flights are being unloaded are NOT considered CBP Security Areas and employees do not need a hologram.

j) Please attach scanned copies of REAL ID documents and the letter of intent to the email with the electronic 3078 before hitting the gray “submit” button.

k) Recommend setting up your email system to “Request a Read Receipt” before sending. This will provide proof that the email was sent and later opened by CBP.

l) Always send requests for holograms to CBPHOLOGRAMSORD@cbp.. This email address, last name and first name should automatically populate if you are using the correct version of the electronic 3078.

m) If you do not receive a response after sending the application, assume the application was satisfactory and no additional information is required. Instruct your new-hires to wait at least three business days then report to CBP’s badging office at Terminal Three.

n) If your applicants is renewing an existing hologram, they can wait at least three business days then report to the Chicago Department of Aviation’s (CDA) Badging Office for a SIDA with hologram.

o) CBP no longer requires applicants renewing holograms to report to the badging office for a face-to-face interview, unless specifically asked to do so. Renewal applicants can now report directly to CDA’s badging office and renew their SIDA badge with hologram.

4. Employer Requirements:

a) Familiarizes managers and employees with rules and regulations of CBP security areas outlined in 19 C.F.R. § 122, Subpart S.

b) Ensures a valid bond with sufficient face value is in place.

c) Ensures all employees seeking a holograms have passed all TSA/CDA background requirements and fingerprints have been taken and processed.

d) Submit accurate and complete applications for holograms to CBP via the CBPHOLOGRAMSORD@cbp. email box.

e) Ensure new-hires seeking a hologram report to the CBP badging office with original and/or certified copies of identity and citizenship documents (if not a citizen or resident of the US, evidence authorizing the employee to work in the U.S.).

b) Ensures properly completed Letter of intent is attached to each application for a hologram.

c) Ensures proper ID/citizenship documents are attached to each application for a hologram.

p) Ensures properly completed electronic CBP Form 3078, “Application for Identification Card.” is attached to each application for hologram emailed to CBPHOLOGRAMSORD@CBP..

q) Ensures renewal or newhire is entered on the subject line of the email sent to CBP when applying for a hologram.

r) Ensure applications for holograms sent to the proper email address: CBPHOLOGRAMSORD@cbp.

s) If employer fails to receive a response to the application sent to CBP, assumes the application was satisfactory and the employee can go to the badging office within three business days and acquire a hologram.

t) Instructs applicants seeking a hologram for the first-time to wait at least three business days before allowing them to report to CBP’s badging office at T3.

u) Instructs applicants renewing existing hologram to wait at least three business days before reporting to the Chicago Department of Aviation’s (CDA) Badging Office for a new SIDA badge with hologram printed on upper right corner

5. Employer/Employee Deliverables:

a) Signatory must prepare and submit an internally maintained quarterly report listing all employees with holograms to include full names, dates of birth, zone access designation, and SIDA badge number. Each report should list separately, all additions to, and deletions from, the previous quarterly report. Reports must be submitted by the last day of the first month of each calendar quarter (January 31, April 30, July 31 and October 31). Reports should be sent via email to ORDHOLODELIVER@cbp.. To protect personally identifiable information (PII) sent by email, you may elect to send a password protected report with a follow-up email containing a password to open. Otherwise, send the list via U.S. mail to:

• U.S. Customs and Border Protection, C/O Holograms Supervisor, O’Hare International Airport, Terminal 5, Arrivals Floor, 10000 West O’Hare Avenue, Chicago, IL 60666

b) Loss or theft of a hologram must be promptly reported to CBP in writing by sending an email to CBPHOLOGRAMSORD@CBP. explaining the circumstances, name, date of birth, and badge number of employee.

c) Failure to submit the information above may result in cessation of issuance of holograms and/or issuance of liquidated damages penalties.

6. Denial of the hologram:

a) CBP may deny a hologram to any person whose access to the Customs security area will, in the judgment of the port director, endanger the revenue or the security of the area or pose an unacceptable risk to public health, interest or safety, national security, or aviation

b) Common reasons for denial:

• Lack of candor when answering questions #31, #32, & 33 on the CBP Form 3078.

• Failure to provide CBP with certified copies of court documents showing final disposition of arrests since applicant’s 16th birthday. Documents must be provided to CBP within 30 days from the date your employee is contacted by CBP requesting additional documents. If, after 30 days, no documents have been provided or the employee fails to make an effort by contacting CBP with information on what they are doing to try to acquire documents, CBP will initiate action to deny the request for hologram as we are then unable to conduct a meaningful background investigation since we have no idea what the final disposition of each arrest was. We must assume each arrest was a conviction.

• Failure to disclose use of narcotics on the CBP Form 3078 (question #33) after a conviction(s) for drugs.

• Felony conviction(s) for offenses listed in 19 C.F.R. § 122.183 within the last ten (10) years.

7. Revocation of the hologram:

a) CBP may revoke access to CBP security areas when, in the judgment of the port director, it appears [for any ground not specified in paragraph 19 C.F.R. § 122.187 (a)(2)] that continued access to CBP security areas by an employee might pose an unacceptable risk to public health, interest or safety, national security, aviation safety, the revenue, or the security of the area.

v) Common reason holograms for revocation:

• The employee uses the approved Customs access seal in connection with a matter not related to his employment

or not constituting a duty described in the written justification required by 19 CFR § 122.182(c)(1)

• An employee is or has been convicted of or there is probable

cause to believe that the employee has committed any act or omission involving an offense listed in 19 CFR § 122.183(a)(4).

• The employee has been arrested for, or charged with, an offense listed in 19 CFR § 122.183(a)(4) and prosecution or other disposition of the arrest or charge is pending.

7. Employer violations that may be subject to liquidated damages penalties:

a) Unauthorized entry into a CBP security area for an unauthorized purpose [e.g. meeting a family member arriving France at the baggage claim area within the FIS.

b) Failure to retain employment history background investigation records.

c) Failure to conduct an employment history background investigation on employee(s) to whom a hologram has been issued.

d) Failure to notify CBP when an employee with a valid hologram changes jobs and no longer needs access to CBP security areas.

e) Failure to return a SIDA badge with hologram for any reason when requested by CBP per 19 CFR § 122.18(g).

f) No bond or insufficient bond amount.

g) Failure to provide quarterly deliverables as mentioned in #5 above.

h) Failure to immediately advise CBP in writing within 24 hours after becoming aware of a change in circumstance of an employee.

i) Failure of employee to openly display or failure to surrender their SIDA badge to a CBP officer upon demand.

Sincerely,

Michael B. Lambermont

Supervisory CBP Officer - Passenger Operations

Area Port of Chicago

Office of Field Operations

U.S. Customs and Border Protection

(773) 686-2800 x0 (office)

Michael.b.lambermont@cbp.

Appendix #1 - Designation of Airport Security Coordinator(s) Example

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01/01/2018

Port Director

U.S. Customs and Border Protection

5600 Pearl Street

Rosemont, IL 60018

Mr. Davies,

XYZ Company hereby requests that the following individual(s) be appointed as Airport Security Coordinator(s) and be given the authority to sign all documents related to CBP’s Airport Security Program (i.e. Holograms). No other signatures are to be honored.

By signing this letter, XYZ Company understands that the necessary background investigations have been conducted on each applicant for a CBP security seal in accordance with 19 C.F.R. § 122.182(d). The employees listed below may only request CBP security seals for access to areas at O’Hare International Airport. Each employee below has read the CBP security seal handbook and is aware of all requirements and responsibilities in 19 C.F.R. § 122.183, Subpart S. XYZ Company will monitor all employees granted access to CBP security areas and ensure they comply with all rules and regulations in 19 C.F.R. § 122.187.

1) Name: _ Jane Doe _____ ____ SIDA Badge #:_123456__ Signature:

Contact Information: PH# 773-686-00000 email address: janedoe@_

2) Name: _____________________ SIDA Badge #:_________ Signature: ____________

Contact Information: PH# ____________ email address: _______________________

2) Name: _____________________ SIDA Badge #:_________ Signature: ____________

Contact Information: PH# ____________ email address: _______________________

Sincerely,

Joanne Johnson

District Manager, Ground Handling Operations

XYZ Corporation, O’Hare International Airport

(773) 773-1111 x0 (office)

(630) 773-1111(cell)

Joannejohnson@

This letter supersedes all previously issued letters!

Appendix #2 - Letter of Intent (Example)

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01/01/2018

Port Director

U.S Customs and Border Protection

Area Port of Chicago

Chicago, IL 60666

Port Director Davies,

I, Jane Doe, an authorized signatory of XYZ Airways, attest in writing that a background check has been conducted on the applicant listed below, to the extent allowable by law, in accordance with 19 CFR 122.182. The background check included, at a minimum, references and employment history, to the extent necessary to verify representations made by the applicant relating to employment in the preceding five years. To the best of my knowledge, the applicant meets the conditions necessary to perform functions associated with employment in the Customs security area. Records of background investigations will be retained for a period of one year following cessation of employment and made available to the port director, upon request. The CBP Form 3078 along with two forms of identification proving identity, immigration status, and residency are attached:

Name of applicant requiring access to CBP security areas: Smitty Smith

Applicant’s email address: smittysmith@

Job Title: Warehouse Agent

Position Description (justification for required access to security zone(s): Responsible for transporting international cargo from tarmac and into cargo facility via forklift. Some cargo will not be cleared by CBP on arrival at facility. Maintains accountability of cargo being relocated.

First time applicant: [pic] New SIDA Badge # assigned by the CDA: 123456_

Renewal: [pic] Current SIDA Badge #: _________ & Expiration date: __________

Access level requested: Zone #1 (T-50000) [pic] Zone #2 (T-52200) [pic]

Zone #1 encompasses the Federal Inspection Service (FIS) area, including the aircraft, sterile corridors, jet-way, elevators, stairways leading into the FIS, and in-transit facilities, as well as all other areas designated by the port director or designee for the processing of passengers and baggage arriving from a location outside of the U.S. Zone #2 encompasses those areas outside of the FIS including the envelope of an aircraft arriving from outside of the U.S (including pre-cleared aircraft), the ramp, tarmac, and baggage/cargo staging areas where activities related to international arrivals and departures occur. As international and domestic flights may occupy adjacent areas at many locations, it is anticipated that the CBP security area outside the FIS will be flexible.

Bond # 15C12345

Printed Name: Jane DOE Signature:

Contact Information: JANEDOE@ Phone #: 773 894 0000

Appendix #3 - Request for Temporary Security Seal Example

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01/01/2018

Port Director

U.S Customs and Border Protection

Area Port of Chicago

Chicago, IL 60666

Port Director Davies,

XYZ Company requests a temporary access seal (hologram) be issued to:

Name: _______________________________________________________________________

Current Physical Address: _______________________________________________________

Date of Birth: _________________ Social Security Number: __________________________

U.S. Citizen [pic] Lawful Permanent Resident [pic] Other [pic] ____________________________

Describe reasons why the employee requires a temporary hologram:

A background check has been performed on the applicant to the extent allowable by law, including at a minimum, references and employment history to the extent necessary to verify representations made by the applicant relating to employment in the preceding five years. To the best of my knowledge, the applicant meets the conditions necessary to perform functions associated with employment in the CBP Security Areas as described in 19 CFR 122.181. We request temporary access to the CBP Security areas at O’Hare International Airport. XYZ Company will ensure that this employee is familiar with all rules and regulations associated with employees performing work functions within CBP security areas. XYZ Company will monitor this employee in order to ensure he/she remains in compliance with pertinent laws and CBP regulations governing his/her behavior while in a CBP security area.

Applicant’s email address: _________________________________

Job Title: _______________________________________________

Position Description (justification for required access to security zone(s): ______________________________________________________________________________ ______________________________________________________________________________ Access level requested: Zone #1 (T-50000) [pic] Zone #2 (T-52200) [pic]

Dates Temporary Access Required: From: ______________________ To: _____________________

Jane Doe

Airport Security Coordinator

XYZ Corporation, O’Hare International Airport

(773) 773-1111 x0 (office), (630) 773-1111(cell)

Janedoe.

Appendix #4 - Application for Security Seal – Electronic CBP Form 3078 Example

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Appendix #5 – Emailed application for a hologram should look like the email below. If not, you have done something wrong! Please call CBP to seek out help with correct submissions of electronic applications. Most problems arise from the signature fields on pages #1, #3, and #4

Don’t forget to add “renewal” or “firsttime” after name and DOB on subject line as shown below:

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Frequently Asked Questions

1) What is a security seal?

A security seal, more commonly in Chicago known as a “Hologram,” is a DHS logo printed on the top right corner of the O’Hare International Airport’s (ORD) SIDA badge. It indicates the employee was vetted by CBP and has been approved access certain areas designated as “CBP security areas.” A red hologram authorizes access to Zone #1. A dark blue hologram authorizes access to Zone #2. Definitions of security zones are mentioned in paragraph #2 below. Please choose only one or the other, not both, on the letter of intent (LOI).

2) Who needs a hologram?

Employees working in or near CBP’s Federal Inspection Service (FIS) areas as well as areas outside the FIS that are near internationally arriving/departing aircraft, personnel, and cargo require a Hologram. Security areas are broken down into two zones:

Zone #1 (a red hologram) encompasses the FIS and any other areas within airport grounds that are in close proximity to aircraft arriving from and departing to foreign destinations. Sterile corridors leading to these aircraft, jet ways, elevators, stairways leading to in-transit facilities.

Zone #2 (a dark blue hologram) encompasses those areas outside of the FIS including the envelope of aircraft arriving from or departing to foreign destinations, the ramps, the tarmac, and baggage/cargo staging areas where activities related to international arrivals and departures occur.

Your employer’s badging signatory should know who does or does not require a hologram and what zone is required if you do.

3) How do I get one?

Your badging signatory will request a hologram on your behalf by completing a LOI and an electronic CBP Form 3078. You must complete and sign page two of the 3078 and the last page stating you are aware that the Port Director considers any false statement or omission on the application to be material to the applicant’s honesty and integrity and that you affirm that you read and understand how to properly complete the questions on the 3078. Also, you must affirm that you understand that failure to properly answer questions on the 3078 may cause a denial or revocation of your application. Federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form and all attachments per 18 USC 1001.

You must also provide your signatory with a copy of a valid “Real ID” compliant identity document (passport, driver’s license, etc.), citizenship document (birth certificate, passport, etc.), and evidence you are authorized to work if not a citizen or resident of the U.S. (work visa, employment authorization card, etc.). If you were ever arrested and/or convicted of a crime at any time on or after your 16th birthday, you must provide CBP with certified copies of court documents showing the final disposition of each arrest. Failure to provide this information, either directly to your signatory at the time of application or indirectly to CBP (privacy concerns) once contacted by email, will delay processing of your hologram.

4) Where do I take the paperwork?

The electronic CBP form 3078 and copies of identity, citizenship, and work authorization documents (if required) should be given to your signatory. He or she will then complete the LOI and the first page of the electronic 3078, scan your documents then send the application via email to CBP. Once CBP receives the electronic application and your or your employer fails to receive an email from CBP requesting additional information, you can assume your application was approved. You can then present yourself to a CBP officer at the T3 badging office for a brief face-to-face interview to verify the authenticity of documents presented by your signatory in the application. Please bring these same identity citizenship and work authorization documents with you to the interview.

5) What happens next?

After your interview with a CBP officer, you will be sent to the City of Chicago’s badging office to have your SIDA badge printed. Be sure you see the DHS seal in the top right corner of the badge before leaving the badging office. If not, see a city employee at the badging office to advise the hologram is missing from your SIDA badge.

6) How long does it take?

Three (3) business days from the date we receive a complete, accurate application from your signatory. If you fail to provide documents required by CBP, the application will be denied thirty (30) days from the date CBP received the application from your signatory.

7) Can CBP turn me down?

Yes. 19 C.F.R. § 122.183 contains a list of reasons why applicants are denied holograms. Click on the link below for details:

8) Once I have a hologram, can CBP do anything to me?

Yes. 19 C.F.R. § 122.187 contains a list of reasons that CBP can revoke your hologram. Click on the link below for details: . In addition, CBP may impose liquidated damages penalties of $1000 per incident against your employer if you are found to violation of one of the grounds mentioned in 19 C.F.R. § 122.187

9) Now that I have a hologram, can I help my family and friends through CBP processing?

No. If you are encountered within any CBP security area while not on official company business, you will be subject to revocation of your hologram and your employer subject to a $1000 penalty.

10) I’ve changed employers but I’ve always had a hologram, is it still valid?

No! You should turn-in the SIDA badge from the old employer before leaving for the new employer. Holograms are employer specific. When you change employers, a signatory at your new employer must send CBP a new application for a hologram.

11) Is there such a thing as “ESCORTING” an employee into and through a CBP security area?

No! You should request a visitor pass by following the procedures outlines on pages 27 & 28. Having a hologram DOES NOT give an employee the right to “escort” someone into or through a CBP security area. The “E” on your SIDA badge does not apply to the FIS. Employers of those found in a CBP security areas without a valid hologram or visitor pass will be penalized.

12) Hologram colors:

Zone #1: Your employee should have a red hologram on their SIDA badge.

Zone #2: Your employee should have a dark blue hologram on their SIDA badge.

Employees found in Zone #1 with a dark blue hologram will be warned to acquire a red hologram. The same for employers encountered in Zone#2 with a red hologram. Signatories need to pay attention to the Zone # identified on the letter of intent to ensure the employee is in possession of the proper hologram.

13) If I have more questions?

Send me an email michael.b.lambermont@cbp.. He will do everything he can to answer your question.

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