NCBFAA, Others See Issues With CBP Changes to Broker Exams

CBP's proposed changes to customs broker license exams (see 1609130032) include several problems, the National Customs Brokers & Forwarders Association of America said in comments to CBP (here). The proposed changes would allow for electronic testing, increase the fees and adjust the allowed testing dates. Each of those provisions raises some issues, the NCBFAA said.

While the agency's plans to use computers for all broker exams by April 2017 is admirable, "experience has shown that implementation of an electronic solution is generally accompanied by technical challenges," the group said. Instead, CBP should allow a phased-in approach that gives the option to take the test electronically or in written form and postpone the implementation goal to October 2017, it said. The agency should also offer a preview of electronic test ahead of time and define the phrase "fully electronic" to specify whether test-takers would be prohibited from using hard copies of approved reference materials, it said. The agency should also reconsider holding the test on Mondays, an especially busy day for brokerage employees, the association said.

The proposed fee increase from $200 to $390 is also of concern, the group said. "We believe this very significant cost increase will unduly burden" test takers and "likely discourage individuals from seeking a customs broker's license," it said. CBP should also reconsider plans to eliminate the ability to administer special licensing exams outside of the designated April and October dates, the NCBFAA said. While very rarely used, the agency should retain the flexibility to hold such tests under special circumstances, it said.

Paula Connelly, a customs lawyer who also instructs a broker exam course, also objected to the fee increase (here). "The majority of the students pay individually for the exam," she said. "In fact, given the low pass rates for the exam, most individuals take the exam more than once. At a cost of $200, individuals are inclined to take the exam multiple times. However, at the proposed increase to $390, the students I spoke with indicated that they would be reluctant to take the exam multiple times."

CBP should also make the results of the exam available right after the four-and-a-half-hour test, UPS said in its comments (here). "These results should be provided both on screen in the exam room following the end of the exam period and sent electronically to the examinee via the email address provided upon registration," UPS said. "CBP could formally note to the examinees that the grade[s] provided immediately upon completion of the exam are purely preliminary and should explain the opportunity to protest any question." The agency should also have contingency plan for testing in the event of a system crash or power outage, the company said. Those sitting for the test should also have the option to use either electronic or hard copies of the allowed reference materials, it said.