Monday, October 6, 2008

DHS CSAT FAQ Page Update 10-03-08

Last week DHS updated or added four questions on the CSAT FAQ page. There were two questions concerning the new CVI program and one question each about Facility Information and SVA’s. All four questions are listed below. Only one of the answers provided any new information; question 1601.


·             1588: Can you tell me where I can find additional information on CVI?

·             1601: I completed the DHS CVI training to become a CVI Authorized User prior to September22, 2008, and was required to sign a Non-disclosure Agreement (NDA) with DHS. I understand that a revised CVI Procedural Manual and updated CVI Authorized User training were made available on September 22, and that DHS no longer requires an NDA as part of the training to become an Authorized User. Is my CVI NDA still binding?

·             1559: How do I enter the facility Data Universal Numbering System (DUNS) identification code in the Top-Screen?

·             1602: My circumstances have changed from my original Top-Screen submission. What do I base my SVA on - my original submission or the material modifications I have made?


New CVI Program


The original CVI program required that an individual complete an on-line CVI training program and submit a signed non-disclosure agreement (NDA) prior to being certified as an Authorized Person. The new and revised CVI program (see: “New CVI Manual – Introduction”) embodied in the September 22nd, 2008 version of the CVI Procedures Manual includes a new on-line CVI Training program. Furthermore, the requirement to sign an NDA has been eliminated.


DHS has said that Authorized User certificates issued before September 22nd, 2008 are still good and sufficient for access to CVI as long as the ‘need-to-know’ provisions of the new CVI procedures are met. There is no requirement to take the new training.


Status of Pre 9-22-08 CVI NDA’s


Given the changed requirementsin the new CVI program, FAQ 1601 asks about the status of the old CVI NDA’s. The answer notes that there is “no time limit or other conditions that automatically terminate its (the old NDA’s) effectiveness”. Legally, the old NDA’s are still binding.


One of the reasons that NDA’s are no longer required is that the new training program and CVI manual provide clearer explanations of the non-disclosure requirements of 6 CFR 27.400. This combined with the legal tools that DHS has available to enforce those regulatory non-disclosure rules make formal NDA’s unnecessary.


To encourage people to voluntarily complete the new CVI training program and read the new CVI manual, DHS has taken the unusual step of promising to abrogate (legal term meaning cancel) the NDA on file for any person that completes the new training program. This is really a meaningless offer since the regulatory non-disclosure rules have essentially the same affect as the signed NDA.

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