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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules special allowance would be notified of an accreditors approval would vary based on the terms of the accreditors contractual relationship with CBP, which is discussed in further detail in section IV.E. of this NPRM. Depending on the terms of the accreditors contractual relationship with CBP, the individual broker would be notified of the accreditors approval either in writing or electronically, or both. CBP
anticipates that, as part of the selection process for the accreditors, it will require each accreditor to 1 provide CBP with a running list of activities that the accreditor approved, and/or 2
publish this list on its website. A failure to observe the requirements and limitations set forth in proposed 111.103b would result in a failure to comply with the continuing broker education requirement for the triennial period. Thus, if an individual broker were to fail to observe the requirements and limitations set forth in proposed 111.103b and to report and certify compliance with the continuing broker education requirement on the triennial report, the individual broker would falsely report and certify compliance on the triennial report. As a result, CBP
could impose disciplinary actions pursuant to proposed 111.104 and existing 111.53a.

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E. Accreditation of Providers of Continuing Broker Education CBP believes that it is necessary to implement an accreditation process for training or educational activities not offered by a U.S. Government agency, including the special allowance for instructors, discussion leaders, or speakers, to ensure that such activities meet the objectives of the continuing broker education requirement. Due to resource constraints, CBP is not well positioned to administer the accreditation of training and educational activities. Thus, CBP, through the Office of Trade, is proposing to select accreditors who will review and approve or deny such training or educational activities for continuing education credit. Below is a description of the selection process, which is outlined in proposed 111.103c, and the accreditation process, which is outlined in paragraphs d and e of proposed 111.103.
1. Selection of Accreditors As reflected in proposed 111.103c, CBP is proposing to select third-party accreditors using common government contracting procedures, which would include the issuance of a Request for Information RFI and a Request for Proposal RFP. CBP would administer
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this process through the Office of Trade in accordance with the requirements of the Federal Acquisition Regulation 48
CFR chapter 1 the FAR. While selected accreditors would administer the accreditation of the training or educational activities as part of their contractual relationship with CBP, selected accreditors would not receive a monetary award from CBP as a result of this contractual relationship. However, selected accreditors would be permitted to charge content providers for their services to recoup their expenses in reviewing and approving or denying training or educational activities for continuing education credit, as long as the fees are clearly displayed on the accreditors website and materials. The remainder of this section lays out the basic framework that CBP is proposing for the review and approval of potential accreditors. The specific obligations that accreditors under contract with CBP
would be required to meet would be provided in more detail in the RFI, and then in even more granular detail, in the RFP.
Because this is a new program for both CBP and the customs broker community, CBP plans to initiate the selection process through the issuance of an RFI. The RFI would be posted in the System for Award Management available at https sam.gov/SAM/
SAM.15 The RFI would lay out the basic criteria that CBP believes a future accreditor must meet in order to successfully review activities for continuing education credit. Currently, CBP expects to propose the following criteria:
At least one key official in the entity must have a customs brokers license;
A demonstrated knowledge of international trade laws, customs laws and regulations, and general customs practices for imported goods and goods subject to drawback;
A demonstrated knowledge of other U.S. Government agencies that are involved in transactions of international trade;
A list of professional references;
Resumes for the key personnel who would be involved in accrediting course work;
A description of the process for how someone would submit a training or educational activity proposed for 15 SAM is a U.S. Government website operated by the General Services Administration GSA, and there is no cost for any entity to use the system.
Through SAM, any entity can register to do business with the U.S. Government, update or renew an entitys registration, check the status of an entity registration, and search for any entity registration and exclusion records.

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credit to the accreditor, including electronic and online methods for submitting materials for consideration;
A description of the criteria the accreditor would use to approve or deny trainings or educational activities for continuing education credit;
A description of how the accreditor would avoid conflicts of interest;
A description of how the accreditor would track accreditation activity for CBP review;
A description of how customers can provide feedback to the accreditor and CBP on the approval process;
An estimate of the turn around time for approving/denying activities under consideration for accreditation;
and An estimate of the charge, if any, for approving/denying an activity under consideration for accreditation.
Based on these criteria, along with other details that would be provided in the RFI, CBP would then hold an industry day with interested parties.
As CBP-selected accreditors would not receive a monetary award from CBP, CBP anticipates that trade associations and law firms specializing in customs matters will make up the majority of parties interested in becoming CBPselected accreditors. However, CBP
encourages all interested parties to participate in the RFI process as it will provide interested parties with an opportunity to provide input that will shape the accreditation process. As part of this industry day, CBP would present its needs and expectations for the accreditation process and receive input on its initial proposal from parties that are potentially interested in providing accreditation services. This information would then be used to refine the abovelisted criteria and prepare an RFP. CBP
would then post the RFP in SAM.
Following the publication of the RFP, interested parties would then respond with their proposals of how they would administer the accreditation process based on the criteria set forth in the RFP. A party that participated in the RFI
process would be under no obligation to put forth a response to the RFP.
Conversely, if a party interested in applying to become an accreditor did not respond to the RFI or participate in the industry day process, that party would not be precluded from responding to the RFP. CBP is not proposing an application fee for interested parties to submit a response to the RFP fees to submit responses to RFPs are not permitted under the FAR.

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