CBP to Issue ANPR on Re-Write of the Broker 111 Regs
At the February 21, 2012 COAC meeting, CBP officials said the agency plans to issue an advance notice of proposed rulemaking (ANPR) to gather ideas on its planned re-write of the Customs broker regulations in 19 CFR Part 111. The ANPR will also ensure that all of the broker community has ample opportunity to provide comments and suggestions.
Some of the issues CBP is considering for its re-write of the Part 111 regulations (but it is interested in other suggestions) include:
- Continuing education. Developing and administering a continuing education requirement, which could manifest in myriad forms and could represent a serious commitment of trade and CBP resources.
- Customs business in USA. Requiring customs business to be conducted in the U.S.
- Working with unlicensed parties. Tightening the regulations on relations with unlicensed parties and the use of POAs to assign and clarify responsibility for customs transactions;
- Vetting POAs. The vetting of powers of attorney (POA).
- Twice a year reporting. Requiring licensed brokers to report through the Automated Commercial Environment (ACE) twice a year (biannually), instead of once every three years, so the trade can know who is a licensed broker in real time.
- Modernizing and maximizing flexibility. Considering how to best amend the regulations to allow for maximum flexibility in broker operations to take advantage of modern business practices and information technology while protecting the revenue of the U.S. and deterring commercial fraud.
(At the Advisory Committee on Commercial Operations of Customs and Border Protection (COAC), the official also noted that the analysis of the broker regulations meets the provisions of Executive Order 13563, which requires agencies to conduct retrospective reviews of existing regulations in order to find areas that are outdated or inefficient, and to request comment from the regulated public on how to address these shortcomings.)
(See ITT's Online Archives for other summaries to date from the February 21 COAC meeting (1) ACE funding crunch, ACE fixes, and the ACE Simplified Pilot for air cargo, and ACE Simplified Summary 12022319, (2) Draft Criteria for Brokers to Pre-Certify Importers for the Importer Self Assessment (ISA) program 12022425.
See ITT's Online Archives 12012721 for summary of notice detailing CBP's "Role of the Broker" work with NCBFAA. See ITT's Online Archives 12011817 for summary of CBP's "BEST" Trade Plan for the Supply Chain based on Broker's Role, ACE Simplified Entry, etc. See ITT's Online Archives 11121224 for summary on CBP preparing Part 111 regulatory changes for expanding the role of the broker.)
CBP’s report to COAC (dated 02/07/12) available here.
COAC Role of Broker Subcommittee report (dated 02/07/12) available here.