Discussions of Revisiting NAFTA Not Seen Affecting North American Single Window Efforts

New questions about renegotiating NAFTA (see 1611220044) after President-elect Donald Trump takes office are unlikely to affect past and ongoing work toward a North American Single Window, U.S. and Mexican customs officials said during CBP's East Coast Trade Symposium on Dec. 1. "I don't regard any threat on that issue," Ricardo Chapo, administrator general of Mexican customs, said during a meeting with reporters. CBP Commissioner Gil Kerlikowske said that while CBP would weigh in on any possible changes to NAFTA, those discussions and decisions fall outside of CBP's portfolio. "We know there will be changes," Kerlikowske said of CBP under the new administration. "We know things will be looked at differently, but I think any fair evaluation of the last eight years" would demonstrate numerous successes for trade within North America.

Chapo, Kerlikowske and Canada Border Services Agency Executive Vice President Tina Namiesniowski emphasized the importance of the NAFTA relationships and the single window during a separate panel discussion. While there's ongoing work to harmonize data requirements among North American countries, whether interoperability of the customs systems would make economic sense for industry remains to be seen, Brenda Smith, executive assistant commissioner with the CBP's Office of International Trade, later told reporters. Mexico and the U.S. will first need to "harmonize their approach" to customs before a decision is made on the feasibility of interoperable systems, she said. "It depends a lot on whether it makes business sense" and if the trade "will invest" in the programming changes it would require, she said.

It's too early to know whether the incoming administration signals a stronger approach to security measures, Kerlikowske said. There's already a tough approach to security in place with the long-delayed statutory requirement for 100 percent scanning, Kerlikowske said. The deadline for that requirement has been pushed back several times, most recently by Department of Homeland Security Secretary Jeh Johnson, who notified Congress of such an extension in May and set a new 2018 deadline (see 1605310028).

The new administration should make finding a permanent commissioner a priority for the agency, Kerlikowske said during the panel discussion, noting that the commissioner need not come from a security background. Asked about contact with the Trump transition team, Kerlikowske said work is underway with the Department of Homeland Security and will eventually "filter down" to CBP. CBP Deputy Commissioner Kevin McAleenan is set to take over as acting commissioner after Kerlikowske leaves in January (see 1611090035).

CBP is currently allowing private companies to pursue uncollected fees on its behalf, Kerlikowske said. An existing CBP request for proposals from private collectors (see 1611210052) allows the collection companies to seek out the money and keep a percentage upon approval by CBP, Smith said. While much of the uncollected funds involves antidumping or countervailing duties, the private collections are available for all uncollected duties and penalties, she said. "After we've taken our best shot at either collecting directly from the importer or the exporter or their surety, if the bond was involved," use of the private contractor is used as a "last best effort" when CBP is unable to "get to" the liable party, Smith said.