NCBFAA May Request Continuing Education as Part of Customs Modernization Legislative Package

Customs modernization legislation should include a requirement for customs brokers, freight forwarders and other filers to “attain and deploy requisite and continuing education providing the capacity to operate in the modern trade environment,” a National Customs Brokers and Forwarders Association of America subcommittee said in a draft report released April 12. The draft white paper comes from the NCBFAA subcommittee working to develop suggestions as CBP comes up with a legislative proposal for customs modernization (see 2011120010). CBP is still in the process of reviewing responses to a proposal for continuing education requirements, though an official said it isn't totally clear that the benefits would outweigh the costs (see 2103250030).

CBP recently said it is starting a task force aimed at creating the legislative package (see 2103170054). The draft report from the subcommittee will be presented to the NCBFAA “Customs Committee at our pre-annual conference meeting on May 1 and we will hold separate single-subject meetings as needed,” the association said in an email to members. “The subcommittee will brief the membership via the annual report and at the conference based on the subcommittee work to date and white paper,” it said.

The subcommittee also suggested that the legislation require that filers “serve to appropriately aggregate and evaluate the right data, from the right parties, at the right time, throughout the import and export supply chain,” it said.

More information from CBP also would be helpful and should be part of the 21st Century Customs Framework update, the group said. CBP should be sharing “detailed enforcement data that enables traders to detect, deter and mitigate unlawful supply chain activity and vulnerabilities through more intelligent, informed decision-making,” it said. The legislation should also create “a restricted and prohibited parties list identifying bad actors that allows parties and their intermediaries to avoid such transactions,” it said. The trade would also benefit from “consistency and regularity in written decisions, guidance and policy,” the subcommittee said.

A streamlined “inquiry, challenge, appeal, and adjudication process that promotes compliance,” would be a way for the legislation to create “real incentives that reward trusted partners and deter bad actors,” it said. Other suggestions include “articulating enhanced mitigation amounts as well as tender and disclosure options for CBP and PGA claims brought against trusted traders,” and minimized merchandise processing fees for trusted traders.