DHS Issues Spring Regulatory Agenda for CBP, Continued Education Action Unclear

The Department of Homeland Security (DHS) published its Spring 2015 regulatory agenda for CBP (here). The agenda does not include any new trade-related rulemakings, though a planned rulemaking on customs broker continuing education requirements was moved to among the agency's "long-term actions" without a target date. It also continues to include mentions of Importer Security Filing (ISF) rulemakings.

The agenda lists DHS’ CBP rulemakings that are pending at the proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action, if any; a brief description of the regulation; and a contact party name and telephone number. The Treasury Department has a different semi-annual regulatory agenda for CBP. See future issue of ITT for this list.

Spring Agenda Includes Rulemakings on ISF

While the fall agenda for the first time mentioned and set a date for a rulemaking on continuing education requirements for customs brokers (see 1411260010), that rulemaking is now listed as a long-term action (here) with a target date now "to be determined". After years of discussion and consideration, CBP recently said the initiative is still an "open question" and that the agency was looking into whether it has the authority to require education for brokers (see 1504200053).

CBP also listed two ISF-related rulemakings, one as a proposed rulemaking (here) and another as a final rule (here). Though the proposed rulemaking entries in the agenda don't provide much detail, CBP recently said it is still working on a proposal as to ISF-5 data requirements (see [1505060013]). Once that rulemaking is complete, CBP will publish a final rule for the program, which is now regulated under an interim final rule. While the final rule wasn't listed in the previous agenda, it was included in prior versions.

Agenda Highlights

Highlights of DHS' CBP rulemakings that are at the proposed, final, or completed stages, are below. New items since the previous regulatory are marked with an asterisk (*).