Broker Supervision Plans a 'Best Practice,' Even If Not Required, CBP Official Says

Though only required for customs brokers that apply for a national license after CBP’s broker modernization final rule took effect this past December, CBP sees customs broker supervision plans as a “best practice for all brokers, and we would encourage all brokers to have a supervision plan in place,” said Shari McCann, director of CBP’s commercial operations, revenue and entry branch, on April 18.

For brokers getting permitted after Dec. 19, “our broker management officers are finding that the supervision plan is really an effective tool,” McCann said, speaking at CBP’s Trade Facilitation and Cargo Security Summit in Boston. “It’s a good course of dialogue with the broker and CBP and just a good opportunity to document those systems in place to ensure that that broker is exercising responsible supervision and control,” she said.

For brokers that were already permitted as of Dec. 19, “we will request it, we will talk about it but, again, it is not required for those brokers.”

As part of their overall implementation of the Part 111 rewrite, CBP has also been publishing frequently asked questions documents and fact sheets, as well as an updated guidance document for customs brokers. CBP is “in the process of finalizing” another update to the broker guidance that will include “license and permit qualifier clarifications and some additional clarifications on our filer code suspension policy,” McCann said.

CBP’s broker continuing education final rule is also still in the works. The final rule, which will require brokers to earn 36 hours of continuing education every three years (see 2109090030), is “in the final stages of the review,” McCann said. “It has cleared CBP and it’s now pending review by the Department of Homeland Security,” she said.

CBP is also still working on finalizing its 2019 proposed rule on broker verification of importer identity (see 1908130031), but that’s “farther back in the timeline,” McCann said. “We’re currently in the process of adjudicating the public comments that were received in response to that notice of proposed rulemaking.”