- Have a written responsible supervision and control plan. CBP is expected to ask how customs business is performed, how unlicensed employees are trained, and the employee’s access to CBP messages, notices, rulings, regulations, laws, and licensed brokers in the organization tasked to assist unlicensed employees.
- A national framework. Historically Customs brokers have been required to apply for and obtain permits for conducting business within a “Customs district.” If a Customs broker wanted to conduct business in multiple districts, it would have to obtain permits for all of those districts. Under the proposed regulations, the district permit system will be replaced with a single, “national permit,” thus reducing paperwork and administrative burden.
- Conduct all Customs business within the customs territory of the United States. CBP is expected to codify the requirement that all customs business be performed in the U.S. and mandate that all customs brokers or corporations, conducting customs business under a national permit, must designate a knowledgeable point of contact to be available to CBP during and outside of normal operating hours to respond to customs business issues.
- Report security breaches. The new regulations are expected to require that brokers maintain records, including electronic records, within U.S. customs territory and notify CBP when there has been a breach of electronic or physical broker records and provide the compromised importer of record numbers within 72 hours of the discovery of the breach. The data can be submitted in any format the Broker chooses.
- Broker/Client Relationship. It is expected that CBP will require enhanced communication between the broker, the importer, and CBP. Among the expected mandates is a requirement that brokers terminate representation of a client as a result of determining that the client is attempting to defraud or otherwise commit any criminal act against the U.S. Government, and a requirement that brokers both advise clients as to corrective actions for noncompliance, and maintain a record of that advice.
https://www.cbp.gov/trade/programs-administration/customs-brokers/modernization
