Federal Register - September 10, 2021
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Source: Federal Register
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Federal Register / Vol. 86, No. 173 / Friday, September 10, 2021 / Proposed Rules
commencing on February 1, 1985, or on February 1 in any third year thereafter.
4. In 111.30, revise paragraphs d2ii and iii and add paragraph d2iv to read as follows:
111.30 Notification of change of business address, organization, name, or location of business records; status report;
termination of brokerage business.
d
2
ii State the name and address of his or her employer if he or she is employed by another broker, unless his or her employer is a partnership, association, or corporation broker for which he or she is a qualifying member or officer for purposes of 111.11b or c2;
iii State whether or not he or she still meets the applicable requirements of 111.11 and 111.19 and has not engaged in any conduct that could constitute grounds for suspension or revocation under 111.53; and iv Report and certify the brokers compliance with the continuing broker education requirement as set forth in 111.102.
111.97 through 111.100
Reserved
Added and
5. Add reserve 111.97 through 111.100.
6. Add subpart F, consisting of 111.101 through 111.104, to read as follows:
Subpart FContinuing Education Requirements for Individual Customs Broker License Holders Sec.
111.101 Scope.
111.102 Obligations of individual customs brokers in conjunction with continuing broker education requirement.
111.103 Accreditation of qualifying continuing broker education.
111.104 Failure to report and certify compliance with continuing broker education requirement.
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111.101
Scope.
This subpart sets forth regulations providing for a continuing education requirement for individual customs broker license holders and the framework for administering the requirements of this subpart. The continuing broker education requirement is for individual brokers, in order to maintain sufficient knowledge of customs and related laws, regulations, and procedures, bookkeeping, accounting, and all other appropriate matters necessary to render valuable service to importers and drawback claimants.
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111.102 Obligations of individual customs brokers in conjunction with continuing broker education requirement.
a Continuing broker education requirement. All individual customs broker license holders must complete qualifying continuing broker education as defined in 111.103a, except:
1 During a period of voluntary suspension as described in 111.52; or 2 When individual customs broker license holders have not held their license for an entire triennial period at the time of the submission of the status report as required under 111.30d.
b Required minimum number of continuing education credits. All individual brokers who are subject to the continuing broker education requirement must complete at least 36
continuing education credits of qualifying continuing broker education each triennial period, except upon the reinstatement of a license following a period of voluntary suspension as described in 111.52. Upon the reinstatement of a license following a period of voluntary suspension as described in 111.52, the number of continuing education credits that an individual broker must complete by the end of the triennial period during which the reinstatement of the license occurred will be calculated on a prorated basis of one continuing education credit for each complete remaining month until the end of the triennial period.
c Reporting requirements. Individual brokers who are subject to the continuing broker education requirement must report and certify their compliance upon submission of the status report required under 111.30d.
d Recordkeeping requirements1
General. Individual brokers who are subject to the continuing broker education requirement must retain the following information and documentation pertaining to the qualifying education completed during a triennial period for a period of three years following the submission of the status report required under 111.30d:
i The title of the qualifying continuing broker education attended;
ii The name of the provider or host of the qualifying continuing broker education;
iii The dates attended;
iv The number of continuing education credits accrued;
v The location of the training or educational activity, if the training or educational activity is offered in person;
and vi Any documentation received from the provider or host of the qualifying
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continuing broker education that evidences the individual brokers registration for, attendance at, completion of, or other activity bearing upon the individual brokers participation in and completion of the qualifying continuing broker education.
2 Availability of records. In order to ensure that the individual broker has met the continuing broker education requirement, upon CBPs request, the individual broker must make available to CBP the information and documentation described in paragraph d1 of this section. CBP can request the information and documentation be made available for in-person inspection, or be delivered to CBP by either hardcopy or electronic means, or any combination thereof.
111.103 Accreditation of qualifying continuing broker education.
a Qualifying continuing broker education. In order for a training or educational activity to be considered qualifying continuing broker education, it must meet the following two requirements:
1 Providers of qualifying continuing broker education. The training or educational activity must be offered by one of the following providers:
i Government agencies. Qualifying continuing broker education constitutes any training or educational activity offered by CBP, whether online or inperson, and training or educational activity offered by another U.S.
Government agency, whether online or in-person, but only if the content is relevant to customs business.
Accreditation is not required for trainings or educational activities offered by U.S. Government agencies.
ii Other providers requiring accreditation. Any other training or educational activity not offered by a U.S. Government agency, whether online or in-person, will not be considered a 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.
2 Recognized trainings or educational activities. The training or educational activity must constitute one of the following:
i Coursework, a seminar, or a workshop, whether online or in-person, that is conducted by an instructor, discussion leader, or speaker;
ii A symposium or convention, with the exception of the attendance at a meeting conducted in accordance with the provisions of the Federal Advisory
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