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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
DEPARTMENT OF HOMELAND
SECURITY
U.S. Customs and Border Protection 19 CFR Part 111
Docket No. USCBP20210030
RIN 1651AB03

Continuing Education for Licensed Customs Brokers U.S. Customs and Border Protection, Department of Homeland Security.
ACTION: Notice of proposed rulemaking.
AGENCY:

This document proposes to amend the U.S. Customs and Border Protection CBP regulations to require continuing education for individual customs broker license holders individual brokers and to create a framework for administering this requirement. By requiring individual brokers to remain knowledgeable about recent developments in customs and related laws as well as international trade and supply chains, CBPs proposed framework would enhance professionalism and competency within the customs broker community. CBP has determined that the proposed framework would contribute to increased trade compliance and better protection of the revenue of the United States.
DATES: Comments must be received on or before November 9, 2021.
ADDRESSES: You may submit comments, identified by docket number, by one of the following methods:
Federal eRulemaking Portal at https www.regulations.gov. Follow the instructions for submitting comments via Docket No. USCBP 20210030.
Mail: Due to COVID19-related restrictions, CBP has temporarily suspended its ability to receive public comments by mail.
Instructions: All submissions received must include the agency name and docket number for this rulemaking. All comments received will be posted without change to https
www.regulations.gov, including any personal information provided. For detailed instructions on submitting comments and additional information on the rulemaking process, see the Public Participation heading of the SUPPLEMENTARY INFORMATION section of this document.
Docket: For access to the docket to read background documents or comments received, go to https
www.regulations.gov. Due to the relevant COVID19-related restrictions,
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CBP has temporarily suspended its onsite public inspections of the public comments.
FOR FURTHER INFORMATION CONTACT:
Elena D. Ryan, Special Advisor, Programs and Policy Analysis, Regulations and Rulings, Office of Trade, U.S. Customs and Border Protection, at 202 3250001 or Broker.Continuing.Education@
cbp.dhs.gov; and, Melba Hubbard, Chief, Broker Management Branch, Trade Policy and Programs, Office of Trade, U.S. Customs and Border Protection, at 202 3256986, melba.hubbard@
cbp.dhs.gov.
SUPPLEMENTARY INFORMATION:
I. Public Participation Interested persons are invited to participate in this rulemaking by submitting written data, views, or arguments on all aspects of the proposed rule. CBP also invites comments that relate to the economic, environmental, or federalism effects that might result from this proposed rulemaking. Comments that will provide the most assistance to CBP will reference a specific portion of the proposed rulemaking, explain the reason for any recommended change, and include data, information, or authority that support such recommended change. See ADDRESSES
above for information on how to submit comments.
II. Executive Summary This notice of proposed rulemaking NPRM proposes to amend the U.S.
Customs and Border Protection CBP
regulations to require individual customs broker license holders individual brokers to participate in continuing education activities hereinafter, referred to as the continuing broker education requirement and to create a framework for administering this requirement. This section provides a brief summary of the proposed framework. A more detailed description of the proposed framework is contained in section IV of this NPRM.
This NPRM proposes to require individual brokers to complete at least 36 continuing education credits per triennial period, with limited exceptions. Individual brokers reentering the profession following a period of voluntary suspension would be subject to a prorated requirement of one continuing education credit for each complete remaining month until the end of the triennial period. The proposed framework also exempts two groups of individual brokers from the continuing broker education requirementnamely,
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individual brokers who have voluntarily suspended their license in accordance with 111.52 of title 19 of the Code of Federal Regulations 19 CFR 111.52, and individual brokers who have not held their license for an entire triennial period at the time of the submission of the status report as required under 19
CFR 111.30d.
Under the proposed framework, individual brokers could earn continuing education credits for a variety of training or educational activities, whether in-person or online, including the completion of coursework, seminars, workshops, symposia, or conventions, and, subject to certain limitations and requirements, the preparation and presentation of subject matter as an instructor, discussion leader, or speaker. Individual brokers would report and certify their compliance with the continuing broker education requirement upon the submission of the status report required under 19 CFR 111.30d, which is due on a triennial basis.
In order to ensure compliance with the continuing broker education requirement, this NPRM also proposes regulatory provisions authorizing CBP
to take disciplinary actions, if an individual broker submits a triennial report but fails to report and certify his or her compliance with the continuing broker education requirement on the triennial report. The proposed framework also includes provisions addressing other aspects of the administration of the continuing broker education requirement, such as accreditation and the selection of accreditors.
III. Background A. Authority for Continuing Broker Education Requirement Section 641 of the Tariff Act of 1930, as amended 19 U.S.C. 1641, provides that individuals and business entities must hold a valid customs brokers license and permit to transact customs business on behalf of others. The statute also sets forth standards for the issuance of broker licenses and permits, provides for disciplinary action against customs brokers in the form of suspension or revocation of such licenses and permits or assessment of monetary penalties, and provides for the assessment of monetary penalties against other persons for conducting customs business without the required brokers license.
Section 641 authorizes the Secretary of the U.S. Department of the Treasury Treasury to prescribe rules and regulations relating to the customs
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