On August 31, 2011, the Bureau of Industry and Security published a new set of “best practices,” developed in cooperation with U.S. industry to help guard against the diversion of dual-use items shipped to a transshipment "hub" or to any intermediate country before being shipped to the country of ultimate destination. Recommendations include using only those forwarders that have sound compliance programs and avoiding routed transactions for dual-use exports.
U.S. Customs and Border Protection has posted input provided by licensed customs brokers (who do not work for brokerage companies) on the professionalism component of CBP's broker revision project, which was discussed at the August 18, 2011 COAC meeting. Among other things, commenters state that stricter rules to require work experience before sitting for the customs broker exam and for continuing education should be for permit holders, and separate from the changes planned for individual licensed brokers.
U.S. Customs and Border Protection has posted an Automated Commercial Environment (ACE) user guide document providing step-by-step instructions for brokers and self-filers on creating and maintaining entry banks via the ACE Portal. CSMS Message #11-000208 providing this user guide is available here.
U.S. Customs and Border Protection has issued a memorandum announcing that the fifth tranche for the fiscal year 2011 specialty sugar tariff rate quota that opened on August 24, 2011 oversubscribed at opening moment. The pro rata percentage is 88.51943% or 0.8851943.
U.S. Customs and Border Protection has posted a COAC document providing input from licensed customs brokers who do not work for brokerage companies on the professionalism component of the five areas CBP is examining for reform for its broker revision project. The brokers state that some of the issues concerning the role of the broker could be addressed by expanding the definition of "responsible supervision and control" in 19 CFR 111.19 and 111.28 to include minimum annual education requirements. However, any continuing education requirement should take into account that about half of licensed brokers do not work for a permitted Brokerage company.
U.S. Customs and Border Protection has issued CSMS message #11-000204 announcing that updated versions of the following ACE User Guides are now available:
At the August 18, 2011 COAC1 meeting, U.S. Customs and Border Protection officials provided an update on the status of various Automated Commercial Environment (ACE) projects and International Trade Data System (ITDS) initiatives that are in development.
Bruce Leeds of Braumiller Schulz LLP will be holding a one-day workshop on the International Traffic in Arms Regulations (ITAR) on September 28, 2011 in Grapevine, Texas. The workshop will provide a basic overview of the ITAR provisions. Topics to be covered include the DDTC, articles and technical data subject to the ITAR, types of licenses for unclassified articles, license agreements, license exemptions, sanctions and prohibitions, penalties, and more. Participants will receive Certified Export Specialist (CES) credits from the National Customs Brokers & Forwarders Association of America (NCBFAA) for attending this course. The registration fee is $150. Online registration is available here.
Canada Border Services Agency announced that Vancouver resident Colin Li Hsin Cheng has received an 18 month conditional sentence in the British Columbia Supreme Court after pleading guilty to four criminal customs-related charges stemming from cigarette smuggling and fraudulently posing as a customs broker. During the sentencing on August 18, 2011, Mr. Cheng was also ordered to pay $10,714.74 in restitution to his fraud victims.
U.S. Customs and Border Protection states that on August 27, 2011, it deployed the code for new capabilities related to rail and sea manifest (M1). There will be no operational use of the new M1 system until it is deemed fully operational and stable. At that time, the agency will notify trade partners that have completed their certification and testing that they can begin transmitting to ACE. CBP is also set to deploy its new ACE Portal capabilities, which are slated to be available to the trade on August 29 and September 6, in a two-phased approach.