CBP's 24-and-2 Rule: Vessel Export Manifests in 2026

For decades, U.S. vessel exporters have been allowed to file their cargo manifest after the ship leaves port. Under 19 CFR 4.75, paper manifests can arrive at CBP up to four business days post-departure. According to U.S. Customs and Border Protection, that practice is about to end.

On February 10, 2026, CBP published a Notice of Proposed Rulemaking (Federal Register 91 FR 6074) that would require electronic export manifest data 24 hours before loading. The public comment period closed on April 13, 2026. A final rule is expected next.

This guide breaks down what changes, who files, what the penalties are, and when the new deadlines take effect.

What is the current vessel export manifest deadline?

Under current U.S. regulations, vessel cargo manifests can be submitted to CBP after the ship departs. Carriers filing on paper (CBP Form 1302A) have four business days post-departure for shipments to foreign countries under 19 CFR 4.75. Carriers using the Vessel Transportation Module electronically through AES have ten calendar days post-departure under 19 CFR 4.76.

This means a container can leave the United States, cross the ocean, and arrive at a foreign port — all before CBP receives complete manifest data. According to the NPRM, this lag creates security gaps that limit CBP's ability to target high-risk cargo.

Even Electronic Export Information (EEI), which is filed by the U.S. Principal Party in Interest (USPPI) through AES, is allowed up to five calendar days after export under 15 CFR 30.5(c). For shipments valued under $2,500, EEI is generally not required at all.

The combined result is that, today, a meaningful share of U.S. vessel exports moves without pre-departure scrutiny. Lower-value shipments and shipments to certain destinations can leave a U.S. port with neither pre-departure EEI nor pre-departure manifest data, which leaves CBP's Automated Targeting System (ATS) unable to flag the cargo before it sails.

What does CBP's 24-and-2 rule change?

The proposed rule replaces post-departure filing with a two-tier "24-and-2" structure. Eight mandatory initial elements must be transmitted as early as practicable, and no later than 24 hours before cargo is loaded on the outbound vessel. All other Electronic Export Manifest (EEM) data — transportation, cargo, and empty container — must be transmitted two hours before loading.

A separate timing rule applies to the Vessel Entrance or Clearance Statement (CBP Form 1300, or its electronic equivalent): it must be presented two hours before vessel departure.

All three submissions move through the Automated Commercial Environment (ACE). CBP's ATS then assesses the data before the cargo physically moves onto the vessel. If something looks high-risk, CBP can issue a hold or, in the most serious cases, a Do-Not-Load (DNL) instruction.

The rule also formally limits when post-departure filing is still permitted. Narrow exceptions remain for agriculture certificates and certain shipments to Puerto Rico, but the general rule of "after sailing is fine" disappears.

What are the 8 mandatory initial filing elements?

CBP's proposed 19 CFR 4.63(d) requires eight specific data elements to be transmitted at least 24 hours before loading. The list is short, but each item must be precise. Generic descriptions like "general cargo" or "freight of all kinds" (FAK) are not accepted.

Bill of lading number (master, house, or simple)
Numbers and quantities of cargo at the lowest external packaging unit (a container with 10 pallets and 200 cartons must be reported as 200 cartons, not 10 pallets)
Total weight of cargo in pounds or kilograms
Precise cargo description (or HTS 6-digit number, if received from the shipper)
Shipper name and address (or identification number) from the bill of lading
Consignee name and address (or identification number) from the bill of lading
Estimated scheduled departure date and departure port
AES Internal Transaction Number (ITN) or AES Exemption Statement

Any party with direct knowledge of the data — outbound vessel carrier, USPPI, NVOCC, customs broker, freight forwarder, or ABI filer — can submit the initial filing. If no other eligible party submits the data, the carrier must do it. Filers other than EEI filers must hold an appropriate bond under 19 CFR 113.62, 113.63, or 113.64.

This is a meaningful change in workflow. Under the current process, the carrier or its agent typically receives bill of lading data from the shipper close to vessel cut-off, sometimes within hours of loading. The 24-hour deadline forces the data exchange upstream, into the booking and documentation phase rather than the loading phase.

What happens if you miss the deadline?

CBP's enforcement structure has two layers: holds that stop loading, and liquidated damages that bill the violation. A 2H Documentation hold flags missing or invalid data fields. A 1H Enforcement hold flags risk-based concerns. Cargo under hold cannot be loaded until the responsible party resolves the issue.

If a party transmits required EEM data late or in the wrong format, CBP may assess liquidated damages of $5,000 per violation, up to a maximum of $100,000 per departure.

In serious risk cases, when CBP officers identify a threat or terrorist plot in progress, the agency can issue a Do-Not-Load instruction. Cargo under a DNL must remain off the vessel.

To support enforcement, the proposed rule amends three CBP bond conditions: 19 CFR 113.62 (Basic Importation and Entry Bond), 113.63 (Basic Custodial Bond), and 113.64 (International Carrier Bond). Each bond now formally covers the timely electronic transmission of outbound information.

The enforcement framework matters for non-carriers too. If a freight forwarder, NVOCC, or customs broker chooses to file the initial data on behalf of a shipper, that filer becomes liable for timeliness and accuracy, and must hold the right bond.

When does the new vessel export manifest rule take effect?

The rule is not yet final. CBP published the NPRM on February 10, 2026 (Federal Register Vol. 91, No. 27, page 6074, Docket USCBP-2025-0911). The public comment period closed on April 13, 2026. After CBP reviews comments, a final rule will be published with implementation timing set in that document.

Carriers and trade members should not wait. The Electronic Export Manifest pilot test for vessel cargo has been running since August 20, 2015 (80 FR 50644). The pilot was originally limited to nine carriers and freight forwarders, then expanded to any party meeting the requirements. CBP renewed the pilot for two more years in April 2022 (87 FR 25036). The fact that the rule is now in formal proposed rulemaking, rather than continuing as a pilot, signals that CBP is satisfied with the test results.

Pilot participants already file under conditions that closely mirror the NPRM. According to CBP, joining the pilot now is the lowest-friction way to be ready when the rule takes effect.

What this means in practice: the work of getting export documentation accurate moves upstream. Today, many exporters and forwarders correct manifest data after sailing. Under the proposed rule, that becomes structurally impossible without triggering a hold, a DNL, or liquidated damages.

Vessel export manifest readiness checklist

If you ship vessel cargo from the United States, here is what to review now:

Confirm which party — forwarder, NVOCC, broker, or carrier — files the initial 8 EEM elements, and who holds the filing bond
Audit your bill of lading data for the 8 mandatory fields, including precise cargo description (no FAK or "general cargo")
Move any document review or approval step to at least 24 hours before vessel cut-off
Check whether your AES ITN is generated and reflected on the bill of lading well before loading
Consider applying to join the EEM vessel pilot to test internal timing under the proposed rule

The rule is not final, but the direction is clear. The window to fix manifest data after sailing is closing.