CBP to Update COAC on ISA-PC and Other "Role of the Broker" Plans at Feb 21 Meeting

(CBP is working with NCBFAA on a program to allow brokers to pre-certify importers for the Importer Self Assessment (ISA-PC) program. The agency is also preparing regulatory changes to (i) establish continuing education requirements for brokers, (ii) clarify that customs business must be conducted within the territory of the U.S., and (iii) establish bona fides for broker vetting of powers of attorney. CBP is also pursuing a statutory amendment to change from triennial to biannual status reporting. See ITT's Online Archives 11121224 for summary of CBP's plans, as presented at the December 7, 2011 Advisory Committee on Commercial Operations of U.S. Customs and Border Protection (COAC) meeting.)

Outline of "ISA-PC" Plan Was Supposed to be Presented to Workgroup in Jan 2012

At the December 7, 2011 COAC meeting, CBP officials stated that the Workgroup would begin defining what it would mean to be an "accredited broker" who would pre-certify importers for the ISA program². Officials had stated that CBP planned to draft an outline of a Development and Implementation Plan to allow broker pre-certification of importers for ISA, which would be provided to the Workgroup for comment and consideration at a scheduled January 2012 meeting.

However, CBP sources state that the Workgroup did not meet in January 2012 as planned. The agency's Development and Implementation plan is currently an internal draft. Once it is given to the Workgroup for consideration, decisions on how and when it will be shared will be made.

Progress on Plan to be Provided at COAC Meeting, Workgroup Expected to Meet in March

CBP is actively working on this plan and an update on its progress will be provided at the February 21, 2012 COAC meeting. The Workgroup has not scheduled its next meeting, but sources state it should meet some time after the COAC meeting, most likely in early March 2012.

(CBP has stated that brokers who apply and are accepted into the Importer Self Assessment Pre-Certification Program (ISA-PC) will perform the comprehensive review of the ISA applicant’s package and evaluate the applicant’s readiness to self-govern and participate in the ISA program. The accredited broker will draft a final report on the applicant’s ISA readiness and submit it the Partnership Programs Branch for processing and validation. If there are no anomalies, the report will be scheduled for ISA Review Board approval/certification. See ITT's Online Archives 12012721 for summary of CBP's "Role of the Broker" document.)

¹The Role of the Broker-Regulatory Revision Workgroup was established in January 2011 by CBP in partnership with the National Customs Brokers and Forwarders Association of America (NCBFAA) to help small and medium enterprises (SMEs) be recognized as trusted partners, while also allowing for established “best practices” within the industry. (See ITT's Online Archives 12012721 for summary.)

²The ISA is a voluntary program for importers who can demonstrate their readiness to assume the responsibility to manage and monitor their compliance through self-assessment. Importers who are accepted into the ISA program receive tangible benefits, while allowing CBP to re-direct resources to focus on high-risk and unknown importers.

(See ITT's Online Archives 12020321 for summary of the topics to be discussed at the February 21 COAC meeting.

See ITT's Online Archives 12011817 for summary of CBP's "BEST" goals to improve cargo security and trade competitiveness within the supply chain in the 21st century. Among these goals is an expanded role of the broker to (i) help ensure trade compliance and (ii) pre-certify trusted partners in all modes of transportation.)