NCBFAA Educational Institute (NEI) International Trade Pathways. Federico C. Zuniga, NCBFAA Educa5onal Ins5tute Execu5ve Director

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1 NCBFAA Educational Institute (NEI) International Trade Pathways Federico C. Zuniga, NCBFAA Educa5onal Ins5tute Execu5ve Director

2 Developments in U.S. Customs broker requirements Advisory Commi,ee on Commercial Opera4ons to U.S. Customs and Border Protec4on (COAC) h,p:// The COAC shall advise the Secretaries of the Department of the Treasury and the Department of Homeland Security (DHS) on the commercial opera4ons of Customs and Border Protec4on (CBP) and related DHS and Treasury func4ons. The COAC may consider issues such as: global supply chain security and facilita4on, CBP moderniza4on and automa4on, air cargo security, customs broker regula4ons, trade enforcement, One U.S. Government approach to trade and safety of imports, agricultural inspec4on, and protec4on of intellectual property rights.

3 Developments in U.S. Customs broker requirements COAC Thirteenth Term recommenda4ons ² Promulgate uniform regula4ons regarding the vemng of a power of a,orney to ensure consistency and uniformity and as a guard against iden4ty then, inaccurate use, fraud and terrorism. (NIKE) ² CBP should recognize the broker s role as a communicator and force mul4plier to increase compliance, especially for small and medium sized enterprises. (BKIP) ² To be,er protect the rights of an importer, nothing should prohibit direct connec4vity to their broker (entry filer). ² Both CBP and the public must always know who is licensed, authorized to transact business and cer4fied in an up-to-date real 4me environment. ² CBP must con4nually update their regula4ons to account for modern business prac4ces and to align with the electronic environment.

4 Developments in U.S. Customs broker requirements COAC Thirteenth Term recommenda4ons ² Customs business should be solely conducted within the territory of the United States. ² Finaliza4on of ACE is the most important ini4a4ve before CBP. ² Develop a con4nuing educa4on curriculum to ensure competency and enhance professionalism in affairs involving trade, compliance and Customs ma,ers. ² Establish some form of recording con4nuing educa4on which may include self-repor4ng with periodic verifica4on by CBP. ² To compete in world trade, the U.S. educa4on system must be enhanced to include world class training in trade, compliance and Customs ma,ers. ² The exis4ng license structure and requirements should con4nue to apply to all par4es.

5 Developments in U.S. Customs broker requirements COAC Fourteenth Term discussions: ² Broker permits ² Na4onal Permit ² District Permit ² Responsible supervision and control ² Confiden4ality of records ² Employee report requirements

6 Developments in U.S. Customs broker requirements COAC Fourteenth Term discussions: ² Customs Business ² Brokers exam & con4nuing educa4on ² Record reten4on ² Power of A,orney

7 Developments in U.S. Customs broker requirements Na4onal Customs Brokers and Forwarders Associa4on of America ² Strongly endorsed the need for con4nuing educa4on of a Licensed Customs. ² Has worked with CBP to restructure the Licensing exam for Brokers to fairly test the knowledge of the applicants taking the exam. ² Has endorsed central record keeping. ² Has recommended a ra4o of One Licensed Broker/ twelve employees conduc4ng customs business, to address the need of proper supervision and control. ² Has recommended a review of the confiden4ality language allowing a broker to conduct his business in a manner which is required in todays environment.

8 Customs Compliance Customs Moderniza4on Act From Wikipedia The Mod Act was passed with aim of increasing the voluntary compliance with Customs laws and improvements to customs enforcement. It introduced two new customs concepts known as "informed compliance" and "shared responsibility." These concepts are premised on the idea that to maximize voluntary compliance with Customs laws and regula4ons, the trade community needs to be clearly and completely informed of its legal obliga4ons. Accordingly, the Mod Act imposes a greater obliga4on on Customs to provide the public with improved informa4on concerning the trade community's responsibili4es and rights under Customs and related laws. In addi4on, both the trade and Customs share responsibility in carrying out import requirements.

9 Customs Compliance Customs Moderniza4on Act Reasonable care and supervision Informed Compliance h,p:// Reasonable Care checklist h,ps://

10 Who should be concerned about Customs Compliance u Customs Brokerage Opera4on u Freight Forwarders Opera4on u Importer s Headquarters u Import Compliance Department u Logis4cs Department u Exporter s Headquarters u Export compliance Department u Logis4cs Department u Logis4cs Company

11 About NEI u The NCBFAA Educa4onal Ins4tute (NEI) is dedicated to providing educa4onal opportuni4es to the members of NCBFAA & the larger trade community in the areas of interna4onal trade, covering the following fields. u Supply chain management, u Global logis4cs, u Customs brokerage, u Freight Forwarding - export transac4ons, u Transporta4on & Logis4cs, u Government regula4on dealing with Interna4onal Trade, u And those areas of knowledge necessary to manage or advance a career path in a business providing services to those sectors. u Our Educa4onal courses are delivered primarily on-line. u We are facilitators of Educa4onal opportuni4es u Keepers of Educa4onal Training records

12 What about CCS? The NEI s Cer9fied Customs Specialist (CCS) Cer9fica9on Program is designed to assist trade professionals involved in the import industry to become experts in the current import regula4ons. Whether you have a broker s license or you have just a year or two of related experience, this course will provide you with a solid founda4on for you to increase your industry knowledge. The CCS course will review fundamental points relevant to the importa4on process while delving into prac4cal, relevant subject ma,er not generally tested on the formal Customs licensing exam. Each topic will help you grow and develop as an import professional. You will find that par4cipa4ng in the CCS program will provide you numerous venues for honing your professional skills while con4nuing to stay up with the rapidly changing marketplace within the import industry. In addi4on, licensed customs brokers are eligible to grandfather into the program without taking the course.

13 ACE Deployment

14 ACE Deployment Border Interagency Execu9ve Council (BIEC) h,p:// The Border Interagency Execu4ve Council (BIEC) was formally established on February 19, 2014, by Execu4ve Order Streamlining the Export/Import Process for America s Businesses. Execu4ve Order has two main requirements: 1) the comple4on and government-wide u4liza4on of the Interna4onal Trade Data System (ITDS) by December 31, 2016 and 2) the establishment of a two-4ered governance structure to manage implementa4on. Upon full implementa4on, ITDS, through the Automated Commercial Environment (ACE), will allow businesses to submit the data required by U.S. Customs and Border Protec4on and its Partner Government Agencies (PGAs) to import or export cargo through a "single window" concept

15 ACE Deployment Border Interagency Execu9ve Council (BIEC) h,p:// U.S. FOOD AND DRUG ADMINISTRATION (FDA) U.S. Department of Agriculture (USDA) U.S. Department of Commerce (DOC) U.S. Department of Health and Human Services (HHS) U.S. Department of Interior (DOI) U.S. Department of Treasury (DoT) U.S. Department of Transporta4on (DOT) U.S. Environmental Protec4on Agency (EPA) Consumer Product SaNey Commission (CPSC) Federal Communica4ons Commission (FCC) Food Safety and Inspec4on Service (FSIS) Enviromental Protec4on Agency (EPA) Agricultuarl Marke4ng Service (AMS) Animal and Plant Health Inspec4on Services (APHIS) Animal Care Veterinary Services BioTech s Regulatory Services Lacey Act Plant Protec4on & Quaran4ne (PPQ)

16 ACE Deployment Ace Usage as of 1/26/2016 as per a survey of the NCBFAA members Filing ACE entry summary Yes: Approx 72% No: Approx 28% Filling ACE cargo release Yes: Approx 52% No: Approx 48% Par4cipa4ng in PGA Pilots Yes: Approx 14% No: Approx 86% FDA Pilot: 86% NHTSA Pilot: 5% APHIS Pilot: 8%

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