Treasury Dept's Preliminary 21st Century Plan to Review Existing Regs
The Treasury Department has issued its Preliminary Plan for Retrospective Analysis of Existing Rules, which is required under Executive Order 135361 and is part of the President’s plan to create a “21st-century regulatory system.” Treasury's plan includes the review of regulations related to CBP's courtesy notices of liquidation and acceptance of duties and fees, economic sanctions, certain alcohol labeling, etc.
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(The White House recently posted 30 preliminary plans for “21st Century” regulations that were submitted by government agencies, including the State Department’s. See ITT’s Online Archives or 05/31/11 news, 11053130, for BP summary.)
Scope of Plan to Include CBP, TTB, IRS, Etc.
The scope of the Treasury's plan includes the following Treasury Bureaus and Offices:
- Departmental Offices (DO), which includes U.S. Customs and Border Protection (CBP)
- Alcohol and Tobacco Tax and Trade Bureau (TTB)
- Bureau of Engraving and Printing (BEP)
- Bureau of the Public Debt (BPD)
- Financial Crimes Enforcement Network (FinCEN)
- Financial Management Service (FMS)
- Internal Revenue Service (IRS)
- U.S. Mint (Mint)
List of Reg Actions/Rulemakings that Are/Will be Considered for Review
Treasury provides the following significant regulatory actions and other rulemaking projects that are already under consideration for retrospective analysis and review or are expected to be reviewed during the next two years (partial list):
CBP courtesy liq notices. CBP and Treasury are finalizing a proposal regarding eliminating the mailing of paper “courtesy” notices of liquidation which provide informal, advanced notice of the liquidation date to the importers of record whose entry summaries are electronically filed in the Automated Broker Interface (ABI), while maintaining paper notices for all non-ABI filed entries. This will streamline the notification process and reduce printing and mailing costs for CBP.
CBP acceptance of duties, fees, etc. CBP and Treasury have reviewed 19 CFR 24 and propose to expand the number of ways that CBP will accept the payment of duties, taxes, fees, interest and other charges by the importing public. CBP would like to expand the use of credit or charge cards authorized by CBP for certain commercial entries and also for the non-entry related fees.
OFAC sanctions. The Office of Foreign Assets Control (OFAC) has reviewed its regulations and is planning to remove Parts 500, 505, 545, 585, 586, and 587 of 31 CFR Chapter V in order to streamline its regulations and remove outdated material. These parts relate to old economic sanctions against North Korea, the Taliban, and the former Yugoslavia that have been terminated and, in some cases, replaced by new sanctions programs.
TTB wine, spirits, malts labeling. TTB has near-term plans to revise the regulations concerning the approval of labels for distilled spirits, wine, and malt beverages introduced in interstate or foreign commerce to reduce the cost to TTB of reviewing and approving an increasing number of applications for label approval. These regulatory changes also have the intent of accelerating the approval process, which will result in the regulated industries being able to bring products to market without undue delay
TTB alcohol export regulations. TTB has identified sections of export regulations that should be amended to reduce the regulatory burden on industry members trying to comply with outdated regulations regarding exportation. Revising these regulations will provide industry members with clear and up to date procedures for removal of alcohol for exportation without having to pay excise taxes, thus increasing their willingness and ability to export their products.
TTB beer regulations. In an advance notice of proposed rulemaking, TTB plans to solicit comments regarding potential ways to decrease the regulatory burden on beer industry members (including but not limited to streamlining and/or reducing the reporting and recordkeeping requirements for the industry) and increase efficiency for both the industry and TTB.
1On January 18, 2011, the President issued EO 13563, "Improving Regulation and Regulatory Review," which requires retrospective review of significant rules. EO 13563 requires each Executive Branch agency to develop a preliminary plan to periodically review its existing regulations to determine whether any regulations should be modified, streamlined, expanded, or repealed so as to make the agency’s regulatory program more effective or less burdensome in achieving its regulatory objectives. The plans were due to the Office of Management and Budget by May 18, 2011. (See ITT’s Online Archives or 01/19/11 news, 11011915, for BP summary.)
(See ITT's Online Archives or 03/30/11 news, 11033018, for BP summary of Treasury seeking comments on its plan.
See ITT's Online Archives or 06/01/11 and 06/02/11 news, 11060121 and 11060204, for BP summaries of the Departments of State and Homeland Security's preliminary plans.)