Necessary Importer Bona Fides Requirements Still Undecided, Says Broker Working Group

Some major questions on a requirement for proof of importer identity that should be obtained by customs brokers remain unresolved within a CBP Advisory Committee on Commercial Operations (COAC) subcommittee focused on the issue, it said. The issue of which importer bona fides should be required information for customs brokers is being considered as part of CBP's trade modernization efforts, which include an overhaul to the regulations for customs brokers in 19 CFR Part 111 (see 12062211). The COAC Role of the Broker Working Group started actively working on the bona fides issue in July, said a report from CBP released ahead of the Nov. 15 COAC meeting.

Some basic requirements remain uncertain, the report said. For instance, "logical bona fides might be a government-issued photo identification of the authorized individual who was empowered to sign the Power of Attorney," said CBP. That requirement could pose a problem because the "the authorized person may not be directly involved in establishing the working relationship with the customs broker and is hesitant to furnish a copy of their Driver's License or Passport for fear of identity theft," it said. "The discussion is continuing and we are looking for alternative bona fides that may be acceptable."

The group has started looking for other possible sources for importer identification within the import process that would allow the agency to verify authenticity, said CBP. One such source is the Importer ID Input Record (CBP 5106), which CBP has said it plans to update (see 13031422). The working group also "strongly supports the premise that the customs broker must have direct contact with the importer of record and that no third party should be able to prevent a direct communication between a broker and an importer of record," said CBP.