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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules individual broker to verify the brokers compliance with the continuing broker education requirement, and the documentation submitted by the broker were to contain any statement which, at the time and in light of the circumstances under which it was made, is false or misleading with respect to any material fact, or omitted a material fact. This would include the submission of falsified documentation, documentation containing false or misleading statements of material fact, or documentation omitting any material fact such as the title or provider of a continuing education program, if the training or educational activity did not meet the requirements for qualifying continuing broker education. Third, a violation of 111.53a would occur, if, in accordance with proposed 111.102d2, CBP were to request additional documentation from an individual broker to verify the brokers compliance with the continuing broker education requirement, and the individual broker were to be unable to submit any documentation in response to CBPs request.

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D. Training and Educational Activities That Qualify as Continuing Broker Education Although amended 111.1 contains a proposed definition of the term qualifying continuing broker education, this definition also provides that, in order to constitute qualifying continuing broker education, a training or educational activity must meet certain additional requirements. These requirements are set forth in paragraphs a and b of proposed 111.103.
Specifically, paragraph a1 sets forth requirements for categories of educational providers including both government and non-government providers, while paragraph a2 lists the types of training or educational activities that are recognized for purposes of the continuing broker education requirement. Paragraph b of proposed 111.103 contains provisions pertaining to continuing education credits that are earned as an instructor, discussion leader, and speaker.
1. Categories of Educational Providers Proposed 111.103a1 divides training or educational activities into two categories based on the identity of the content provider offering the training or educational activity.
Pursuant to proposed paragraph a1i, the first category consists of training or educational activities offered by U.S.
Government agencies. Specifically, paragraph a1i provides that qualifying continuing broker education
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constitutes any training or educational activity offered by CBP, whether online or in-person, and any training or educational activity offered by another U.S. Government agency, whether online or in-person, if the content is relevant to customs business. These types of trainings or educational activities would not require the approval of a CBP-selected accreditor and would qualify for continuing education credit automatically.
CBP is proposing that training or educational activities offered by U.S.
Government agencies should automatically qualify for continuing education credit, without the approval by a CBP-selected accreditor, because quality control of the content is less of a concern with regard to this type of content provider. Training or educational activities offered by CBP are designed to educate the public about important and timely issues faced by entities involved in international trade.
Thus, CBP believes that, by virtue of their design, these training or educational activities meet the objectives of the continuing broker education frameworkthat is, to assist individual brokers in maintaining a sufficient knowledge of customs matters. Additionally, CBP believes that other U.S. Government agencies carefully select educational content based on timeliness and importance, and accurately present the content to members of the public.
CBP believes that allowing training or educational activities offered by CBP, or other U.S. Government agencies, if they provide educational content that is relevant to customs business, to automatically qualify for continuing education credit will limit the administrative burden and costs associated with the implementation of the proposal. CBPs proposal deliberately provides individual brokers with wide latitude when determining whether a training or educational activity offered by an U.S. Government agency other than CBP is relevant to customs business. This discretion empowers individual brokers with the ability to select training or educational activities based on their individual educational needs. CBP also anticipates making a list of recommended U.S.
Government agency provided training or educational activities publicly available on the CBP website to allow individual brokers to easily identify activities that are free of cost and automatically qualify for continuing education credit.
Pursuant to proposed paragraph a1ii, the second category of educational providers consists of training or educational activities offered
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by a content provider other than a U.S.
Government agency. Any training or educational activity not offered by a U.S. Government agency such as private-sector entities, non-profit organizations, and foreign government agencies, whether online or in-person, will not be considered qualifying continuing broker education, unless the training or educational activity has been approved for continuing education credit by a CBP-selected accreditor before the training or educational activity is provided. CBP is proposing to require accreditation for such training or educational activities to ensure that they offer educational content that is highquality, current, relevant, and accurate, and that it is directly tied to customs business.
As noted previously, CBP is not proposing the adoption of subjectmatter-specific content requirements at this time in order to enable individual brokers to participate in educational opportunities that provide them with knowledge directly relevant to their specific position and experience level.
Additionally, to encourage the creation of low-cost educational opportunities that satisfy the continuing broker education requirement, CBPs proposal does not differentiate between educational opportunities that are offered online or in-person. CBP intends for this to minimize the costs to small businesses and customs brokers in remote locations so that individual brokers will not be required to travel to attend qualifying continuing broker education programs. CBP believes that the opportunity for individual brokers to earn the required number of continued education credits through free, online-based trainings would further incentivize individual brokers to select training or educational activities based on their educational needs and, thereby, limit the risk that individual brokers complete the same training or educational activities multiple times solely for the purpose of earning the required minimum number of continuing education credits.
Regardless of who provides the training or educational activities, CBP
anticipates that providers will issue certificates to customs brokers upon completion. CBP will make certificates of attendance available for all of its training or educational activities to those participants who want them. For online-based training or educational activities, CBP will make certificates of attendance available for download or printing at the conclusion of the presentation. For in-person activities, such as the Trade Symposium, CBP will make paper certificates available to
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