CBP Gives 30 Days for Members of Brokerage Community to "Cease and Desist" Certain Illegal Activities
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message stating that it issues Customs broker licenses to persons (i.e., individuals, partnerships, associations, and corporations) who have successfully satisfied the regulatory and statutory requirements.
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
However, CBP states that it has recently identified activities in the brokerage community that warrant immediate corrective action. CBP states that members of the brokerage community (licensed and unlicensed persons) who are engaging in the illegal activities identified below have 30 days to "cease and desist" such activity:
A Customs broker license may not be transferred among persons.
For example, an individually licensed Customs broker may not solicit and/or engage in "customs business" as a corporate Customs broker without a corporate Customs broker's license.
Unlicensed persons may not use a Customs broker's filer code, permit and/or license for the purpose of soliciting and/or engaging in "customs business."
For example, an unlicensed freight forwarder who employs and utilizes a Customs broker's license, permit, and/or filer code may not engage in "customs business" or present itself as a Customs broker.
Pursuant to 19 USC 1641(b)(6), CBP states that unlicensed persons who transact "customs business" without holding a valid broker's license are liable for monetary penalty not to exceed $10,000 for each such transaction. In addition, a licensed Customs broker who allows an unlicensed person to use his or her Customs broker license or filer code for purposes of engaging in "customs business" subjects the Customs broker to monetary penalties and refusal by the port director of the Customs broker's use of his or her assigned entry filer code.
CBP contact - Alfred Morawski (202) 344-2580
CBP Adm: 04-2167 (dated 10/06/04) available at http://www.brokerpower.com/cgi-bin/adminsearch/admmsg.view.pl?article=2004/2004-2167.ADM