CBP Issues Final Rule on Broker Exam Eligibility

August 26, 2010 by Kelly Sly|Customs and Ports

U.S. Customs and Border Protection has issued a final rule, effective September 27, 2010, which amends its regulations regarding the requirements that an individual must satisfy in order to take the written examination for an individual customs broker’s license.

Final Rule Adds Three Requirements for Exam Applicants

CBP is amending 19 CFR 111.13(b) to require those taking the written examination to:

be a citizen of the U.S. on the date of examination;
not be an officer or employee of the U.S. Government, and
have attained the age of 18 prior to the date of examination.

(Currently, 19 CFR 111.13 only requires that the individual taking the customs broker exam complete the required paperwork and pay the $200 exam fee by the provided deadline.)

CBP Agrees with Commenter, Lowers Age Requirement to 18

In its proposed rule, CBP proposed to require those taking the written examination to have attained the age of 21 prior to the date of examination; however, one commenter opposed this requirement as it would inhibit the career potential of individuals who can currently take and pass the examination and subsequently apply to obtain a customs broker’s license upon turning 21 years old.

CBP agreed with the commenter that the limit should be lowered from the proposed 21 years to 18 years of age to provide greater opportunities for individuals who have graduated from high school and are in the process of gaining work experience before being eligible to apply for a broker's license.

CBP Disagrees with Suggestion on Time Limit to Issue Licenses

A commenter opposed the proposed amendments based upon the amount of time it takes to obtain a license after passing the examination. The commenter stated that they would only support the proposed amendments if CBP was required to issue a license within six months of passing the examination.

However, CBP stated that the broker’s examination is intended only to evaluate and verify an applicant’s knowledge of relevant customs laws and regulations. Imposing a regulatory requirement to issue a license within an arbitrary time frame would not be operationally practical and would hinder CBP’s ability to verify that licenses are issued to qualified individuals.

(See ITT’s Online Archives or 05/28/08 news, 08052805, for BP summary the proposed rule.)

CBP contact -- Anita Harris (202) 863-6069

(CBP Dec. 10-28, FR Pub 08/26/10)