CBP Task Force Begins Work on Developing Broker Continuing Ed Framework

RANCHO MIRAGE, Calif. -- CBP has “kicked off” an industry task force on customs broker continuing education requirements, and is committed to 2020 “being the year that we will tackle continuing education together” with the trade community, said Cynthia Whittenburg, deputy executive assistant commissioner of CBP’s trade office, at the Western Cargo Conference (Wesccon) on Oct. 11.

Through the task force, CBP is looking to work closely with industry to see how continuing education can proceed in the near future, Whittenburg said. Though the issue has been discussed for years, CBP was overtaken by events like the national permit and the rewrite of CBP’s Part 111 customs broker regulations, she said, adding that the Part 111 proposal is “still out there” and working its way through the regulatory clearance process with the Treasury Department.

The task force was first announced by CBP Deputy Commissioner Robert Perez at the National Customs Brokers and Forwarders Association of America’s government affairs conference in September. There has been some question in the past as to whether CBP has the authority to issue regulations requiring continuing education for brokers, or whether congressional action is required (see 1504220017). Top of CBP’s list of items the continuing education framework developed by the task force would address is “the legal foundation for requiring continuing education for customs brokers,” according to an emailed CBP statement.

Other issues the framework would tackle include the roles and responsibilities of organizations administering the “education profile,” CBP employees and the licensed customs broker, including how the broker should document the continuing education. Other issues include the possible consequences of not obtaining continuing education for the status of a broker’s license, as well as any mitigating factors on enforcement actions that obtaining periodic education might have, CBP’s statement said.

The task force includes CBP and industry participants, members of the Commercial Customs Operations Advisory Committee and “additional industry subject matter experts as needed,” CBP’s statement said. Participants would meet periodically for a minimum of three to six months, it said.