No Delay to Customs Broker Regulatory Update, Though Timing Now 'Difficult to Predict,' CBP Says
CBP has not shelved an update to customs broker regulations, an agency spokeswoman said. “CBP is not delaying work on amending the broker regulations," she said. The National Customs Brokers & Forwarders Association of America recently said in an email to members that the update to 19 CFR Part 111 is on hold indefinitely (see 1702270015). "We anticipate that the Notice of Proposed Rulemaking regarding other modernizations of the broker regulations will be placed into review this year," the spokeswoman said.
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Still, there's some new uncertainty related to the change in administration, she said. "We note that, at this time, it is difficult to predict when publication of regulatory packages may occur, as the review and approval process has been affected by recent Executive Orders and guidance documents involving regulatory actions.” A recent Trump administration executive order requires the repeal of two regulations for every "significant" new rulemaking (see 1702070048). Efforts to identify regulations related to international trade that could be undone are already underway (see 1703010025).
There's been a years-long discussion over updates to the Part 111, and the Commercial Customs Operations Advisory Committee (COAC) recently provided a set of recommendations as part of a renewed focus on the revamp (see 1604250011). "After receiving the recommendations made by the COAC, the Regulations and Rulings Directorate (RR) is continuing to work on the Part 111 re-write, in consultation with the Broker Management Branch," the CBP spokeswoman said. "There is currently a final rule package in review that would modernize the broker exam." The NCBFAA didn't comment.