FMCSA Working with CBP, FMC to Develop Position on MAP-21 Exemptions
LAS VEGAS -- A formal explanation as to how the Federal Motor Carrier Safety Administration (FMCSA) understands the customs broker exemptions within the Moving Ahead for Progress in the 21st Century Act (MAP-21) is in the works, though there has not been indication when exactly it will come, said Ed Greenberg, a lawyer for the National Customs Brokers and Forwarders Association of America (NCBFAA). Greenberg and others discussed the law on a panel during the NCBFAA conference April 8. The issue has been the source of significant discussion among brokers and it was clear at the NCBFAA conference that the question continues to be a major concern within the industry.
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The FMCSA is now seeking insight from CBP and the Federal Maritime Commission to help develop its position, the agency recently told Greenberg, he said. While the FMCSA told Greenberg it generally agreed with the NCBFAA position, Greenberg subsequently asked for a formal description. An FMCSA explanation is hoped to help settle a question of the specifics of exemptions to MAP-21 financial requirements and liability.
The NCBFAA filed with the agency a request for clarification late last year. The filing specifically asked for information from FMCSA on how the agency is interpreting the MAP-21 statutory exemptions from bonding and registration requirements for customs brokers, non-vessel operating common carriers (NVOCCs), and indirect air carriers. The law, passed in 2012, specifically exempts customs brokers,NVOCCs and air carriers involved in international trade . At issue, though is when “customs business” is concluded. The NCBFAA has said throughout that it considers the bill's language to mean most work done by customs brokers is exempt from the new bonding requirements of MAP-21 (see 12070325).