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Restrictions & Sanctions

Brown Marmorated Stink Bug Regulations

Updated measures for 2023/24 for Brown Marmorated Stink Bugs ( BMSBs)  - A quick summary 

 

The main changes to the BMSBs measures are as follows: 

  • Uzbekistan added to the list of targeted countries now standing as a total of 39 countries affected.
  • Emerging risk countries for 2023-24 season are China and UK only - For China, the random onshore inspections will apply to goods shipped between 1 September to 31 December (inclusive). For United Kingdom - random inspections will apply to goods shipped between 1 December to 30 April (inclusive)
  • In addition to target high risk goods, chapters 39, 94 and 95* will be subject to random inspections for emerging risk countries only. This does not apply to target risk countries.  
  • Inspect (unpack) Inspections instead of Secure Seals intact inspections at Approved Arrangements ( allows for great flexibility and faster unpacks of inspection containers)
  • 120 hours policy amended for goods that have been rolled ( with evidence) 
  • new BMSB surface hub featuring BMSB Fact Sheets and templates for sealing and transhipment declarations.
  • Updated Master Consolidator User Guide for management of LCL/FAK**  containers webpage 
  • Creation of BMSB Frequently Asked Questions webpage

Chapter 39 - Plastics and articles thereof, Chapter 94 – Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; luminaires and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings), Chapter 95 – Toys, games and sports requisites ;parts and accessories thereof. Click here for a list of the target high risk goods.

**LCL = Less than Container Load, FAK = Freight of all Kinds

See also Import Industry Advice Notice 182-2023

Joint-measures by Australia and New Zealand to keep out Brown Marmorated Stink Bugs ( BMSBs). 

 

There has been an increasing widespread of the BMSBs throughout Europe and North America. In response to that and to keep these bugs out of their countries, New Zealand and Australia have come together to tighten up their measures to ensure that seasonal measures in place are consistent whenever possible to make compliance easier for vessels carrying cargoes to these countries. 

They have introduced a joint ‘Offshore BMSB Treatment Providers Scheme’. A list of approved treatment providers for the 2023/24 BMSB risk season is jointly maintained by New Zealand’s Ministry for Primary Industries (MPI) and the Department of Agriculture in Australia and published on both websites.

Note also that the list of targeted list of countries having BMSBs and China and United Kingdom being identified as emerging risk countries for the 2023/2024 season.

 

Australian Brown marmorated Stink Bugs (BMSBs) requirements


BMSBs pose a high biosecurity risk to Australia. This is an invasive pest, native to Asia, and is highly capable of hitchhiking, highly mobile in nature and lack of effective lures. They can severely impact the Australian agricultural industries as well as a nuisance pest to homes, vehicles and factories, seeking shelter in these areas over the winter. They are more frequently found on goods arriving in Australia between September and April, coinciding with the late autumn and winter seasons in the northern hemisphere. 

Due to the high risks posed by BMSBs, the Australian Department of Agriculture and Water Resources (DAWR) has seasonal measures to manage these risks. For the 2022-23 BMSB risk season, heightened biosecurity measures will apply to:

1) certain goods/targetted goods manufactured in, or shipped from target risk countries, that have been shipped between 1 September 2022 and 30 April 2023 ( inclusive), and/or
2) vessels that berth at, load or tranship from target risk countries within the same period. 

Note:  The shipped on board date, as indicated on the Ocean Bill of lading, is the date used to determine when goods have been shipped. “Gate in” dates and times will not be accepted to determine when goods are shipped.

Goods manufactured in or shipped between 1 September and 30 April ( inclusive) as sea cargo from target risk countries will be subject to BMSB intervention. All other goods are not subject to BMSB intervention unless they are packed in a container with target high risk or target risk goods that require BMSB intervention, then all other goods are subject to the measures.

Target high risk goods subject to mandatory offshore treatment that arrive untreated or treated by an unapproved treatment provider in a target risk country, will be directed for export on arrival.

Goods shipped in iso-tanks and as bulk-in-holds of cargo vessels are not subject to these measures.

Vessels

All roll-on roll-off (ro-ro) vessels that berth at, load or transship in target risk countries from 1 September and 30 April (inclusive) will be subject to heightened vessel surveillance where they will be required to :

  • conduct self-inspections and respond to specific questions as part of the pre-arrival reporting requirements 
  • undergo a mandatory seasonal pest inspection on arrival in Australia

The Vessel Seasonal Pest Scheme (VSPS) is an alternative vessel clearance pathway for ro-ro vessels. RoRo vessels will only be exempted from mandatory seasonal pest inspections if they are eligible under this scheme and no insects have been detected. For more details to apply to the scheme, refer to Australia Vessel Seasonal Pest Scheme information section.

Target risk countries (39)

Any target high risk or target risk goods manufactured in, or shipped from these countries are subject to the BMSB seasonal measures.  Any vessel that that berths at, load or tranships from these countries are also subject to BMSB seasonal measures:

  • Albania
  • Andorra
  • Armenia
  • Austria
  • Azerbaijan
  • Belgium
  • Bosnia and Herzegovina
  • Bulgaria
  • Canada
  • Croatia
  • Czechia
  • France
  • Georgia
  • Germany
  • Greece
  • Hungary
  • Italy
  • Kazakhstan
  • Kosovo
  • Liechtenstein
  • Luxembourg
  • Montenegro
  • Moldova
  • Netherlands
  • Poland
  • Portugal
  • Republic of North Macedonia
  • Romania
  • Russia
  • Serbia
  • Slovakia
  • Slovenia
  • Spain
  • Switzerland
  • Turkey
  • Ukraine
  • United States of America
  • Japan (heightened vessel surveillance will be the only measure applied).
  • Uzbekistan (new)

The following countries have been identified as emerging risk countries for the 2023-24 BMSB risk season and may be selected for a random onshore inspection: China and  United Kingdom.

 

Target high risk or target risk goods 

Some goods manufactured in, or shipped from the target risk countries as sea cargo have been identified as target high risk or target risk goods. To view the list as well as how these goods should be subject to BMSB treatments, please click on this DAWR link here

In general, the only target high risk goods will require mandatory treatment for BMSB risk. Target risk goods will not but will be subject to increased onshore intervention through random inspection. For all other goods that are not categorised as target high risk and target risk goods, BMSB seasonal measures do not apply. However, if they are part of a container or consignment that contains target high risk or target risk goods, they will be subject to the measures.

Mandatory offshore treatment of target high risk goods shipped as break bulk cargo, including goods shipped in open top containers or on flat rack containers, will be required. Untreated break bulk or treated by an unapproved treatment provider will be denied discharge and be directed for export on arrival.  Onshore treatment is not permitted. Note that modified FCL (full container load) containers ( eg modified to house in-built power generators, etc) are no longer sealed six hard sided containers and are considered to be break bulk cargo. 

Containerised cargo - mandatory offshore or onshore treatment of target high risk goods arriving in sealed six hard sided containers ( includes refrigerated containers, operating and non-operating and hard top sealed containers) is required at the container level. Goods are to be treated within the container. Deconsolidation or removal of goods will not be permitted prior to treatment. No exemptions for deconsolidation or segregation on arrival will be considered by the department.

To demonstrate goods were sealed inside a container prior to 1 September or after treatment, a BMSB sealing declaration must be provided with the lodgement. This document is required where:

  • Goods were containerised prior to 1 September, but shipped after this date, or
  • The bill of lading does not state the shipped-on board date, or
  • Goods were sealed inside the container within 120 hours of treatment occurring offshore (for treatments conducted prior to 1 December)
  • Sealing declarations must be completed and signed by either the exporter, freight forwarder, or shipping company at the port of origin.

LCL ( less than container load( and FAK ( Freights of all kinds) containers with target high risk goods will be managed at the container level for BMSB risk prior to deconsolidation. See the Management of LCL/FAK containers web page for more details.

Summary: containerised cargo (other than LCL and FAK containers) will require mandatory offshore or onshore treatment of target high risk goods shipped in sealed six hard sided containers and deconsolidation or segregation of goods will not be permitted. 

Throughout the season, the measures based on detections of BMSB and the risk pathways would be continuously reviewed.

Post Treatment window

This refers to the 120 hour post treatment window which will apply for goods that have been treated prior to 1st December.

The 120 hour timeframe commences after treatment has been completed or when ventilation commences. For example, for: 
Fumigation treatment: where goods have been treated and treatment seals left intact, the post treatment window will commence when ventilation commences.
Heat treatment: where goods have been treated separately to container and there are no treatment seals, the post treatment window commences immediately after treatment has been completed.

Containerised goods - Goods must be loaded into a six hard sided container and sealed within 120 hours. A sealing declaration can be provided if required.

Break bulk (including flat racks and open top containers) – must be loaded onto a vessel for export from the target risk country within the defined timeframe of 120 hours.

Note: The post treatment window does NOT apply to goods treated in a non-target risk country, or to goods treated in a target risk country from 1 December (inclusive).

Scenarios 
OT(open top) container, treated 29 August. Shipped on board 5 September. The 120 hour post treatment window starts from when treatment is completed. Goods are shipped on board outside of the 120 hours and therefore require retreatment prior to arrival into Australia.
OT container, treated 29 Nov, shipped on board 7 December. These goods were treated prior to 1 December, therefore are still subject to the post treatment window of 120 hours.
Flat rack, treated 2 November, shipped on board 4 November. Transhipped via another target risk country. Discharged 28 November and loaded onboard another vessel on 5 December. These goods are subject to the 120 hour transhipping window as were discharged pre 1 December.
BB (break bulk), treated 20 November, shipped on board 23 November. Discharged in a target risk country 4 December and loaded on board another vessel 12 December. As the goods were discharged after 1 December, the 120 hour window does not apply. 
 

For more information, click here

BMSB Resource Hub 

Simple fact sheets in pdf and doc formats are being created featuring the following: 

Templates relating to sealing declarations, transhipment declarations etc are also available in the BMSB Resource Hub.  

Relevant links:


New Zealand BMSB requirements


The BMSB risk season starts on 1st September and the BMSB measures apply to new and used  target vehicles, machinery, and parts exported from BMSB-risk countries during the BMSB-risk season; on or after 1st September and which will arrive in New Zealand (NZ) before or on 30 April. The measures also apply to sea containers from Italy during the BMSB-risk season.

There is one exception to this rule: BMSB management is not required if target vehicles, machinery, and parts are loaded into a fully enclosed container which is sealed before 1 September and then exported before 1 October of the same year.

To assess whether your import of vehicles, machinery and parts arriving as seafreight to NZ have to meet the BMSB requirements, check the revised import health standard that came into force 11 August 2021, where the various commodities are listed as some types may be excluded from the measures. 

For vehicles, machinery and parts to comply with BMST measures, they must be treated by an MPI-approved offshore treatment provider before arrival in New Zealand. Note that there are no MPI-approved treatment providers in Australia. Goods bound for New Zealand cannot be treated for BMSB in Australia. For full details, see Import Health Standard, 11 August 2021

Note also that there are transshipping requirements to comply with if these goods manufactured in a non-BMSB-risk country are transhipped through a BMSB-risk country on their way to NZ. See section 9.2 of the Import Health Standard.  

Relevant links:
NZ BMSB requirements info page 
NZ BMSB requirements for importers
Import Health Standard for sea containers from all countries
Special BMSB requirements for sea containers coming from Italy.
Ships arriving and hitchhiker pests.
Stink bug warning to importers

 

Chilean BMSB requirements


Servicio Agricola y Ganadero (SAG) Resolution No. 971/2018 (Spanish only), requiring fumigation of goods from United States to Chile. This resolution was further amended in 2019 (No. 5607/2019) to include measures applicable for used vehicles and vehicle parts.  

Members operating ships to Australia, New Zealand and Chile are urged to familiarise themselves of the above BMSB requirements and compliance and for translation to get local agents to arrange accordingly. 

 

Fijian BMSB requirements 

 

Fiji has introduced BMSB measures. Please be guided by Swire Shipping's information on the Fijian BMSB requirements.  

 

 

Trading restrictions (Fiji)

Trading restrictions imposed against Fiji

  • Australia: Arms embargo

Trading restrictions imposed by Fiji

Restrictions & sanctions (Fiji)

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