Update on Questions & Answers from CBP's October/November ACE Exchange II Conference (Part VI)
U.S. Customs and Border Protection has posted to its Web site a document listing the questions and answers from the importer and broker session of the Automated Commercial Environment (ACE) Exchange II Conference that was held from October 30-November 2, 2006 in Tucson, Arizona.
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!
This is Part VI of a multi-part series of summaries on this Q&A document, and highlights questions and answers presented during the new to ACE session on Entry Summary, Accounts, and Revenue (ESAR) A1. See future issues of ITT for additional summaries.
What happens if a company that currently has an ACE portal view account is acquired by another firm that already has its own portal view account?
CBP states that if the new owner/firm provides CBP with the appropriate notification of the acquisition and a request to integrate the purchased company's importer of record (IR) number into its own portal view account, the acquired company's portal view access will be rescinded. CBP adds that this includes rescinding the access rights of the acquired company's Trade Account Owner (TAO) and previously authorized users of that portal view account. From that point forward, the only way for the previously authorized users to get portal view access is to be granted that access by the new owner firm.
What if the company being taken over has an ACE account and the company purchasing it does not?
CBP states that until/unless CBP receives appropriate notification of new ownership including any adjustment to the existing portal account's TAO, CBP would not make any access permission changes on the portal account.
Is the portal going to replace an importer's own records?
Legally, no. CBP explains that the portal is an additional tool for an importer to use to use. An entity that transacts business with CBP is obligated to fulfill its regulatory recordkeeping requirements. The portal reflects a view of what CBP has on file, not what the importer has on file. If an importer wishes to make use of the ACE portal's capabilities, such as the reporting tools to supplement its records, it should download, print, etc. the information. If the portal activity that an importer performed is in fulfillment of one of its CBP regulatory obligations, then the importer should download, print, etc. the appropriate information and confirmations for its recordkeeping needs.
Do the importer and broker have access to the same information?
It depends. CBP explains that the broker can see all data relating to any entry summary transactions which the filer has filed. This information would be available through the broker portal view account. If the importer makes the broker an authorized user of importer's account, then the broker would be able to see all of the importer's entries depending on the access privileges granted by the importer. CBP adds that importers do not have to grant anyone portal access.
Did CBP eliminate the bond rider requirement?
CBP states that it eliminated the special bond rider as a requirement to participate in periodic monthly statement (PMS). However, CBP did not eliminate the change bond rider requirement that is required for any changes to the continuous bond entity information.
The FDA is not listed as a participating government agency (PGA); is it an ACE participant?
Yes. CBP states that the FDA is heavily involved and is one of its key partners.
(See ITT's Online Archives or 12/08/06 news, 06120805, for BP summary announcing the availability of the Q&A document.
See ITT's Online Archives or 12/19/06, 12/21/06, 12/22/06, 12/27/06, and 01/09/07 news, 06121910, 06122115, 06122215, 06122715, and 07010920, respectively, for Parts I-V of BP's summary of this Q&A document.)
CBP Q&A available at CBP Q&A available at http://www.cbp.gov/linkhandler/cgov/toolbox/about/modernization/ace/reports_briefings_events/ace_ex_conf/ace_exchange/ace2_qa.ctt/ace2_qa.doc