DHS Plans to Consolidate Authority Over Ports of Entry, Customs Stations
DHS published its fall 2021 regulatory agenda for CBP with only one new trade-related action mentioned. The department said it intends to consolidate the regulatory authorities over immigration ports of entry, customs ports of entry and customs stations. The DHS secretary has authority over the customs ports of entry and stations, while the CBP commissioner oversee the immigration ports of entry, it said. "CBP is exploring ways to consolidate the authority to manage the two types of ports."
Frequently, "Customs ports of entry and Customs stations exist within the same physical location as immigration ports and utilize the same CBP personnel for processing travelers and merchandise," DHS said. "Despite the use of the same location and personnel, there are separate regulations governing the authority to establish, rearrange, consolidate, and close the immigration and Customs ports and stations."
Agenda Highlights
Highlights of DHS's CBP rulemakings that are at the proposed, final or completed stages, are below. New items are marked with an asterisk (*).
| Proposed Rule Stage |
|---|
| Continuing Education Requirements for Customs Brokers |
| Western Hemisphere Travel Initiative (WHTI)-Noncompliant Traveler Fee |
| Procedures for Debarring Vessels from Entering U.S. Ports |
| Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-001 Advance Passenger Information System (APIS) System of Records |
| Privacy Act of 1974: Implementation of Exemptions; Traveler Encounter Records (TER) System of Records |
| Advance Passenger Information System: Electronic Validation of Travel Documents |
| *9-11 Response & Biometric Entry-Exit Fees for H-1B and L-1 Visas |
| Final Rule Stage |
| Centers of Excellence and Expertise |
| Air Cargo Advance Screening (ACAS) |
| Implementation of the Electronic System for Travel Authorization (ESTA) at U.S. Land Borders |
| Modernization of Customs Brokers Regulations |
| Automation of CBP Form I-418 for Vessels |
| Customs Broker Identification of Importers |
| Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-002 Trusted and Registered Traveler Programs (TRTP) System of Records |
| Mandatory Advance Electronic Information for International Mail Shipments |
| Harmonization of the Fees and Application Procedures for the Global Entry and SENTRI Programs and Other Changes |
| Guam-Commonwealth of the Northern Mariana Islands (CNMI) Visa Waiver Program Automation and Electronic Travel Authorization; Creation of CNMI Economic Vitality & Security Travel Authorization Program |
| Electronic System for Travel Authorization (ESTA) -- Extension of and Increase in Travel Promotion Fee |
| Amendment to Vessel Repair Regulations |
| Temporary Entry of Business Persons Under the Agreement Between the United States of America, the United Mexican States, and Canada (USMCA) |
| *Delegation of Authority Related to Management of Customs Ports of Entry and Customs Stations |
| *Electronic System for Travel Authorization (ESTA) Operational Fee Change |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-014 Regulatory Audit Archive System (RAAS) System of Records |
| *Privacy Act of 1974: Implementation of Exemptions; DHS/CBP-020 Export Information System (EIS) System of Records |