CBP Lays Out Details on Updated Form 5106

Filers of the revised Form 5106 that don't include Social Security or passport numbers for the company officers would risk delayed cargo and refund processing, CBP said in information recently submitted to the Office of Information and Regulatory Affairs (OIRA). While considered optional, "the absence of other reportable data about companies or individuals will affect CBP’s ability to fully understand the level of risk on subsequent transactions, and could result in the delay of the release of cargo or the delay in the processing [of] a refund," CBP said in list of responses to public comments it filing with OIRA (here). CBP is considering adding several new data fields to the form (see 1507240009).

The "completion of the entire CBP Form 5106, if available, is CBP's preference," the agency said. "CBP’s definition of 'if available' is for the party to provide all of the information that is readily available or accessible to the [Importer of Record] IOR at the time of presentation of the CBP Form 5106," it said. Part of the Office of Management and Budget, OIRA posted numerous documents submitted by CBP about the planned changes (here). The agency's update to Form 5106 is expected to help meet the requirements under the customs reauthorization law for a new importer identification database (see 1605260009).

Participants in trusted trader programs won't be required to submit some company information on the revised form, CBP said. Instead, any active participants "in good standing" will need to provide a program code, it said. Existing IORs that are currently using ACE or the Automated Commercial System "will be automatically grandfathered into the process," but still responsible for filling out the form for any name or address changes, CBP said. CBP also submitted screen shots from a mobile application that will allow filers to access Form 5106 through smart phones and tablets (here). The app will also allow for IORs to submit personally identifiable information by themselves rather than through a third-party agency, such as a customs broker, CBP said.

Filers will also be able to update the form as more information becomes available, CBP said. "If the requested information is not available then CBP will provide instruction that the fields" should be left blank and "presented as an updated CBP Form 5106 at another time," it said. CBP will be able to differentiate between Non-Resident IORs because non-resident filers would not include a SSN and would be given a CBP-assigned number, it said. All U.S. citizens or permanent residents would be required to submit a SSN, even if the IOR plans to use a CBP-assigned number on future import transactions. "The purpose of the CBP-assigned number is to protect the individual’s SSN from appearing on entry documentation and thereby reducing the possibility of identity theft," it said.

Many of the comments submitted to CBP fall outside the scope of the planned changes to Form 5106 and involve updated regulations, something CBP did not propose. For example, because there's no change to the regulations, a "change of an existing brokerage’s name, telephone number or the name of the primary banking institution" still won't "require the submission a new CBP Form 5106," it said. Although CBP has other ways to find contact information for an IOR, "it is CBP’s belief that with the emergence of technology and the fast paced advancements in innovation that it is absolutely crucial that we request the Importer’s contact information," the agency said. CBP will not address any regulation or policy related to "bona fides" as part of the Form 5106 update, it said. There's also no requirement that CBP consult with Canada under NAFTA or the Beyond the Border initiative to make the changes to the form, the agency said.