Voglio sapere a riguardo di…

jbell on DSKJLSW7X2PROD with PROPOSALS2

Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules business of brokers as may be necessary to protect importers and the revenue of the United States and to carry out the other provisions of section 641. See 19
U.S.C. 1641f. That authority was transferred to the Secretary of the U.S.
Department of Homeland Security DHS as a result of the enactment of the Homeland Security Act of 2002 Pub. L.
107296, 116 Stat. 2142. The Homeland Security Act of 2002 generally transferred the functions of the former U.S. Customs Service from the Secretary of the Treasury to the Secretary of DHS, and provided that the Secretary of the Treasury retains authority over customs revenue functions, unless specifically delegated to the Secretary of DHS. See 6 U.S.C. 212a1. Paragraph 1ai of Treasury Department Order No. 10016
contains a list of subject matters over which the Secretary of the Treasury retained authority. See appendix to 19
CFR part 0. The other functions of the former U.S. Customs Service not expressly listed in paragraph 1ai of Treasury Department Order No. 10016
were transferred from the Secretary of the Treasury to the Secretary of DHS. As paragraph 1ai of Treasury Department Order No. 10016 does not list the regulation of customs brokers, the Secretary of the Treasury did not retain authority over this subject matter.
Accordingly, the Secretary of DHS is authorized to prescribe rules and regulations relating to the customs business of brokers as may be necessary to protect importers and the revenue of the United States and to carry out the other provisions of section 641. See 19
U.S.C. 1641f.
19 U.S.C. 1641b4 imposes upon customs brokers the duty to exercise responsible supervision and control over the brokers employees and control over the customs business that is conducted. The statute also permits the Secretary of DHS to test persons for their knowledge of customs and related laws prior to issuing a license.
Furthermore, based upon 19 U.S.C.
1641, CBP has promulgated regulations setting forth additional obligations of customs brokers pertinent to the conduct of their customs business. CBP
believes that maintaining current knowledge of customs laws and procedures is essential for customs brokers to meet their legal duties. CBP
proposes that requiring a customs broker to fulfill a continuing education requirement is the most effective means to ensure that the customs broker keeps up with an ever-changing customs practice after passing the broker exam and subsequent receipt of the license.
CBP believes that 19 U.S.C. 1641

VerDate Sep<11>2014

20:35 Sep 09, 2021

Jkt 253001

provides authority to require, by regulation, continuing education for individual brokers.
To enhance professionalism and competency within the customs broker community, CBP proposes to promulgate regulations to require continuing education for individual brokers and to create a framework for administering this requirement. CBP
believes that requiring individual brokers to participate in continuing education activities would enhance the credibility and value of a customs brokers license and improve a brokers skills, performance, and productivity.
This in turn would increase client service and compliance with customs laws, which would better protect the revenue of the United States.
B. Overview of Licensing Requirements for Individual Customs Brokers CBP is responsible for administering the licensing requirements for customs brokers. See 19 CFR part 111, subpart B.
A prospective customs broker must pass a broker exam administered by CBP, which is designed to determine the individuals knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters necessary to render valuable service to the brokers clientele.
After an applicant passes the customs broker exam, CBP will investigate whether the applicant is qualified for a brokers license, taking into account information provided by the applicant and other aspects pertaining to the applicant, such as his or her business integrity. If CBP finds that the applicant is qualified and has paid all applicable fees, then CBP will issue a brokers license. Following the issuance of a license, a customs broker administratively maintains a license primarily through the payment of fees required in 19 CFR 111.96, and the filing of reports and notifications to CBP
as set forth in 19 CFR 111.30. Pursuant to 19 U.S.C. 1641b4, a customs broker has the statutory duty to exercise responsible supervision and control over the customs business that he or she conducts. See also 19 CFR 111.1 and 111.28a. A customs broker also has other legal obligations, to CBP and to the brokers clientele, including, but not limited to, the exercising of due diligence in making financial settlements, answering correspondence, and preparing paperwork or filings related to customs business. See 19 CFR
111.29a.
While the broker exam provides a good initial indication of an individuals knowledge of customs and related laws,
PO 00000

Frm 00003

Fmt 4701

Sfmt 4702

50795

regulations and procedures, bookkeeping, accounting, and all other appropriate matters hereinafter, referred to as customs matters, the broker exam is, by necessity, limited in scope. The broker exam only assesses a persons knowledge of the state of the customs and related laws at a certain point in time. The broker exam does not test for knowledge of any of the requirements of the more than 40
Partner Government Agencies PGAs 1
involved in regulating imports. The complex nature of trade and the everchanging and expanding requirements to comply with U.S. and international law requires that a customs broker maintain a high level of functional and accessible knowledge to ensure that a brokers clients remain compliant with the applicable laws over time. CBP
proposes that requiring a customs broker to fulfill a continuing education requirement is the most effective way to ensure that individual customs brokers keep abreast of changes in customs and related laws, which is especially important because of the constant evolution of international trade and supply chains. CBP is proposing that, once individuals become licensed customs brokers, they must maintain sufficient knowledge of customs and related laws necessary to render valuable service to importers and drawback claimants through the completion of continuing education.
CBP believes this will result in more competent licensed customs brokers who are well educated in customs law, regulations, and critical subject matter.
A more competent customs broker community will prevent costly errors for their clients, potentially saving importers and drawback claimants from unwanted problems and relieving CBP
from expending valuable examination and collection resources. The proposed regulations will create a framework for continuing broker education that would contribute to increased trade compliance and better protection of the revenue of the United States.
C. Assessment of Compliance Risks Managed by Customs Brokers in the Complex and Evolving Realm of International Trade Recent developments have demonstrated the need for key parties involved in importing and claiming drawback to keep up-to-date on training and continuously build and maintain their knowledge of current 1 CBP enforces over 400 laws on behalf of over 40
other U.S. Government agencies, which are commonly referred to as Partner Government Agencies PGAs.

E:FRFM10SEP2.SGM

10SEP2