CBP Likely to Allow Some Leeway to Industry Once Government Resumes, Says Aguilar
CBP will likely take into account the various compliance difficulties that are created by the government shutdown, said former Acting CBP Commissioner David Aguilar, who now works at Global Security and Intelligence Strategies, a consulting firm. "Where there is latitude within the statutes or within the authority or the policies," consideration of some the problems created by the shutdown will likely be involved, he said in an interview. "Where timely information is a requisite" and "that information flow is unavailable, that will certainly be taken into account." As the government shutdown appears likely to move into its third week, resolution of the budget issues remain uncertain.
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With a number of policy and regulatory functions of the agency stopped -- much of the Office of Regulations and Rulings, for instance (see 13100413) -- there's some potential for a logjam once the shutdown stops, a scenario that CBP is likely ready for. "Not only are there plans in place to address any type of backlog that might occur," there likely has been a wide range of considerations as the budgetary concerns have been around for some time, he said.
Aguilar lauded the ongoing work of the career CBP employees that "continue to basically ensure that those things that are critical to our country and to the trade" are functioning and that the effects of the shutdown are minimized. They are at the forefront at making sure that CBP remains "open for business" as port operations continue despite the budget fight, he said. While it seems likely that the shutdown's effect on partner government agencies could be slowing some trade processing, "but to the degree that CBP can do everything that they can to ensure that there's continuity, I have full faith," that is being done, he said. One of the most important parts of the CBP's handling of the shutdown is an open line of communication with industry, he said.
CBP is probably looking at some alternatives for the CBP Trade Symposium, now scheduled for Oct. 24-25 in Washington, if the government shutdown were to continue, said Aguilar. "CBP is actually working very hard right now to look at any options, any adjustments," and will likely send out notifications soon, he said. Aguilar had to deal with a postponed trade symposium during his time at the agency due to Hurricane Sandy (see 12102922).
Kerlikowske a 'Quick Study'
Aguilar spoke highly of Gil Kerlikowske, who was nominated to be the next CBP Commissioner, and said he expects Kerlikowske to be able to quickly get up to speed on trade issues. Despite some concerns about Kerlikowske's lack of trade involvement thus far (see 13080219), the nominee should be able to fully make the transition from the law enforcement side to an increased role within trade, said Aguilar, who has known the nominee for years. Kerlikowske, director of the Office of National Drug Control Policy, is a "quick study" and is "someone the trade world would certainly benefit from," he said. "I don't think it will be a tremendous change for him as a leadership position."
Kerlikowske, if confirmed by the Senate, will be able to move on certain things that an Acting CBP Commissioner could not, said Aguilar. That's because there may be some "sensitivity" involved with "some of these major undertakings" that takes a political appointee because of the "deference" given, he said.
An increased understanding of trade for Kerlikowske will require him to lean forward out of his comfort zone, leverage technology and relationships and collaborate, said Aguilar, who similarly had a law enforcement background. Many of those principles are "now a way of doing business" within CBP and it is now a little more "aggressive in being innovative" and "trusting as a regulator," he said. Still, in the inevitable disagreements between the agency and the trade, it's important that CBP first sit down with the involved parties and discuss the issue, but to also know it's up to CBP to make the decision with its role as the regulator in mind, he said.
Work at GSIS
There are some "very heavy restrictions" on the amount of contact Aguilar, as an ex-Senior Executive Service official, can have with the agency, he said. There are some "very concrete ethical rules that apply," but Aguilar is able to keep up with CBP through conferences, symposiums and trade media, he said. Aguilar voiced some support for the progress on a planned trusted trader program that will combine CBP's Importer Self Assessment (ISA) and Customs-Trade Partnership Against Terrorism (C-TPAT) programs, which he was heavily involved in at early stages while at the agency. "I truly think that once we start moving in that direction and get things energized, it'll be very much a way of doing business in the future."
Aguilar's work now deals with "all things Customs and Border Protection," he said. That includes advising groups and other countries on Authorized Economic Operator and C-TPAT and global supply chain security issues, he said. For instance, he's been working with some countries in the "Americas region" that are "looking to very quickly ramp up to their AEO," he said. Aguilar said GSIS is also seeking some clients that are interested in organizing themselves to better align with the Centers of Excellence and Expertise. GSIS was formed earlier this year and includes former Director of the Secret Service Mark Sullivan and former Department of Homeland Security Chief of Staff Noah Kroloff in addition to Aguilar. Aguilar joined GSIS as a partner after retiribngg from his post at the end of March. Aguilar was replaced by current Acting Commissioner Thomas Winkowski (see 13040115).