Guidelines for International Shipping
MUSEUMS AND GALLERIES, both large and small, may exchange collection objects via loans with their colleagues internationally. Once a loan has been negotiated and the terms and conditions approved, the planning must begin for the physical process of exporting and importing the objects from one country to another (see CHAPTER 5O, “Shipping by Land, Air, and Sea”). Although international loans are becoming more common for museums, there is still much confusion, misunderstanding, and lack of information about proper procedures. If the parties involved have not had previous experience with international transport, the first step might be to call a museum that has done international shipping and to ask for a referral to an international transportation agent. It is always best to contact more than one agent because this enables the museum or gallery to get competitive bids. That way you can be assured that you are getting the best services and the best price.
Information on export and the return import covered below is relevant only for the United States, and procedures may vary slightly from port to port within the United States. The information regarding procedures is subject to change, so the museum should always check with an agent to verify proper procedures at the port of entry or departure that the museum is using.
Imagine that Museum X (in the United States) is lending an important artwork from its collection to Museum Y (overseas). The terms and conditions of the loan have been agreed to, the object has been prepared, and the shipping date is approaching. It has been agreed that a courier must accompany the artwork (see CHAPTER 5Q, “Couriering”). Museum X has arranged for the piece to be crated by a crating company using wood-packaging material that meets international standards and has the appropriate international stamps on it. Museum X has secured the assistance of an agent to arrange the shipping or has agreed to work with the agent selected by Museum Y. To plan properly, the following information must be supplied to the agent by the Museum X:
Cargo moves on paper. If the papers aren’t correct, the cargo does not move. In today’s shipping environment, most documents are submitted electronically, and therefore, the cargo is moved through the system electronically. The key points to remember are:
It is usually up to Museum X to prepare a commercial or pro-forma invoice. This invoice must contain the following information and be on museum letterhead:
If the object is an antique, it must be certified as being more than one hundred years of age. If for an exhibition and return, it should be so stated.
The documentation should be given to the export agent a minimum of three days prior to export. It is customary practice for the exporting agent to send an e-mail at least forty-eight hours prior to the arrival of the shipment with the pro-forma invoice, the air way-bill, and a shipper’s letter of instruction to the overseas agent receiving the shipment. This way, if there are any paperwork problems, they can be sorted out prior to tendering the shipment to the airline.
There are different information requirements for different countries. Certain objects require special documents or photographs; your agent will advise you on the rules and regulations. In any case, Museum X must supply its agent with proper documentation and information. After the museum has given the agent all necessary information, it becomes the agent’s responsibility to book the shipment, prepare appropriate export filings, and to make the necessary arrangements with the airline to allow access to the airline’s cargo warehouse. The agent will coordinate the trucking arrangements to the museum’s specifications, provide security (if required), and coordinate arrangements with the overseas agent for Museum Y. The export agent may also procure the courier’s ticket or make arrangements for the courier to board a cargo flight. The export agent, as needed, will also arrange security access. At this point, it is best for Museum X to allow the agent to do its job unencumbered; it becomes problematic if both the museum and the agent are calling the airline, truckers, etc.
The export agent will work with the information supplied by Museum X in the following manner when planning the shipment:
Above all, it must be stressed that it is a privilege, not a right of the museum’s courier, to be a guest in the airline’s cargo area—this is a live operation area with heavy equipment in motion. The courier must cooperate with the airline and the agent for the move to be successful and avoid damage to the artwork or personnel.
Museums that have robust international exhibition programs and a number of fine art shipping companies often participate in the TSA’s certified cargo screening program. Such museums may have been designated as a Certified Cargo Screening Facility (CCSF). In addition, there are a number of fine art handling companies that have CCSF approval. Having this designation enables objects to be packed in a secure area, and guarantees that the premises are following specified procedures, creating compliant documents, and that containers are sealed with a special security tape. As part of the CCSF certification the museum must follow specific guidelines when tendering cargo to an airline. Pre-screening is designed to eliminate the possibility of the TSA opening the crates at the airport; although pre-screening is a strong deterrent, it does not completely eliminate the right of the TSA to open the crates if they feel it is absolutely necessary to do so.
Crates can be screened by the airline on arrival at the cargo area. This is usually done by X-ray or by using a special swabbing technique. It is rare for an airline to demand that a crate from a reputable entity be opened. However, airlines reserve the right to do so.
If the agent is advised about the object’s fragility or special temperature or humidity needs, then all precautions will be taken (e.g., climate-controlled vehicles for long truck rides both in the United States and overseas). If the packing is particularly complicated or the crate is difficult to manage, the export agent must make sure, in writing, that the overseas agent knows what to expect and has the proper equipment available at the foreign port. Special arrangements for the courier are another story. Your agent’s primary concern is the proper handling and safety of the object. Your cargo agent will be able to supply your courier with a plane ticket and will make sure that the courier is met on the other side and has a place to stay. However, your agent does not want to be, nor should be, involved with the courier’s personal agenda and vacation planning. Your agent can assist a first-time courier in doing their job, but the museum must be wise enough to select a courier with flexibility, stamina, maturity, interpersonal skills, and the good judgment not to antagonize customs, airline, and transport officials.
These factors should be clearly defined in writing before the shipment takes place. As the details and parameters of the shipment change, so do the costs. For everyone’s protection, it is best to have everything in writing. However, there are times when unforeseen circumstances necessitate schedule changes that may result in costly delays. Shipping is not an exact science, and the museum should have a budget cushion to cover contingency planning.
Eventually it will be time for Museum Y to return the loan to Museum X. All arrangements will be reversed, and there will be additional paperwork. In general, objects valued at more than $2,500 require a formal entry to be filed with US Customs. An individual or corporation may clear their own shipment but this is a time-consuming and sometimes complicated process, depending on what commodity is being imported. To facilitate the process, one often hires a customs broker.
In the case of the return of an object, proof of exportation will be required to avoid the merchandise-processing fee, which is levied on all imports by US Customs. A bond might also have to be posted. For the import agent to do the job properly, it is important that there be either a pro-forma invoice from the museum or shipping invoices from Museum Y. These documents must be transmitted to your US agent. If your institution wants to pick up the returned object as soon as it is available after arrival, the entry documentation must be submitted to US Customs prior to the arrival of the flight, but note that the entry package cannot be submitted for release until the aircraft is wheels-up (i.e., has departed from the foreign country). If the airline participates in the automatic manifest system (AMS), and all the documents are in order, the shipment will be released electronically by US Customs by the time the aircraft touches down in the United States.
The import agent arranges warehouse access, trucking, and security for the returning shipment, according to the museum’s requirements. In most cases the agent can have access to the shipment between one and six hours after landing. Depending on what time the plane lands, the shipment and courier may arrive at the museum quite late. It is, therefore, important that the museum have adequate personnel ready to help unload the truck or allow the agent to hire sufficient labor to handle the shipment properly. These arrangements can be quite costly and must be included in the budget.
In the aftermath of September 11, 2001, a government agency called the TSA was established to secure passenger and cargo safety. This agency operates under the Department of Homeland Security. The TSA has been mandated by congress to implement a screening process for cargo, and it is responsible for all aspects of airport security. All TSA protocols for cargo and access within the secure areas of the airport must be explicitly followed; this is nonnegotiable. These policies and procedures change frequently, so your agent should be up to date on these policies and procedures and will guide you. In addition, there may be a TSA certified person within your institution who might be able to assist you with cargo screening.
Although regulations and criteria differ from airport to airport, your agent should have an airport iden tification pouch. At John F. Kennedy Airport (JFK) in New York City, for example, this means that the company and those individuals who have a Port Authority identification have been approved by the Port Authority Police to have access to some controlled areas. This identification pouch must be worn conspicuously when working at the airport. In addition, the agent should have a US Customs identification which allows access to customs controlled areas; it must be worn conspicuously in conjunction with the Port Authority identification. Having these badges indicates that the agent is bonded by US Customs and meets airport security standards. At JFK Airport, all companies having security ID must be licensed and bonded.
In some instances, it might be possible for airline access to be arranged by your agent directly with the airline. Certain airlines will only allow access under the escort principle, which means that they will assign an airline staff member to escort their clients while in the cargo area.
Import and export of museum objects is a complex undertaking. The agent you choose should have all the right credentials and must also meet the museum’s needs in terms of quality of service and price. To accomplish this, the museum must specify what is wanted, and museum staff must be realistic about what the agent can actually do. The agent and museum must work together as a team, with mutual trust and respect for the international exchange to be a successful experience. •