CBP Considering NCBFAA's 'Broker Known Importer' Program, Says Winkowski

CBP is actively considering a recent proposal from the National Customs Brokers and Forwarders Association (NCBFAA) that would allow brokers to differentiate importers that a broker has gathered some basic information on, said CBP Acting Commissioner Tom Winkowski on Sept. 23. Winkowski, who spoke at the NCBFAA Government Affairs Conference, said "details of this proposal are being discussed," but "we believe the brokerage community is in a unique position to understand their clients' needs and business process and we want to leverage that expertise to enhance compliance." The NCBFAA submitted information on the proposal, called the "Broker Known Importer" program, earlier this year (see 13041124).

CBP's work to update broker regulations is driven by the need to "recognize the broker for what they are," which is a key component of U.S. business "that is regulated by us," Winkowski said. Some of the changes will help bring the industry up to the high standards of many compliant customs brokers that make up the business, he said. "I have problems with a broker that is put in jail and I can't take their license away from them or suspend their license," he said. "I understand the business implications," but "we're regulators and that's what we do." CBP earlier this year proposed a process for canceling a broker's filer code (see 13022521), which the NCBFAA strongly objects to (see 13043021).

Participation within the Importer Self Assessment (ISA) has grown by 50 percent this fiscal year, said Winkowski. That coincides with CBP's allowance of importers that have passed focused assessments to take part in ISA (see 12100428), said Winkowski. The CBP pilot program that gives customs brokers the ability to "pre-certify" importers as ISA eligible "has been a great success story in leveraging the role of the broker to assist CBP in the ISA review process," he said.

CBP is continuing to work with the customs brokerage industry to develop better direction for working with the ten industry-specific Centers of Excellence and Expertise (CEEs), said Winkowski. CBP and a broker working group are now putting together "procedural guidance for the trade community, we're outlining the roles and responsibilities for brokers as it relates to processing trade in a virtual environment, and establishing protocols of communication with the Centers," he said. A CEE executive steering committee is also working to develop a plan on management, staff and technology needs to help smooth the transition to increased use of the CEEs, said Winkowski.

CBP will expand some pre-inspection pilots to Tijuana and near the Santa Teresa port, said Winkowski. The agency will experiment with "different ways of processing cargo and identifying low risk," he said. CBP is working closely with Mexico on its version of Customs-Trade Partnership Against Terrorism (C-TPAT) and plans to reach a mutual recognition arrangement with Mexico by 2015 or 2016, he said. The agency announced earlier this year it was beginning to work with Mexico toward mutual recognition (see 13012215). Such efforts are important in developing a North America strategy toward integration of the countries' numerous customs programs "so we can have a more transparent border," he said.

The nomination of Gil Kerlikowske as CBP Commissioner (see 13080219) is good news for the agency, said Winkowski. While being the Acting Commissioner has been a "dream come true," it is "very very important that we have a Senate-confirmed Commissioner," he said. Kerlikowske knows leadership and knows and understands the importance of trade, said Winkowski.