DHS Lists Upcoming Regulatory Actions Affecting Importers, Brokers, Carriers

(World Trade Interactive)

The Department of Homeland Security recently issued its semiannual regulatory agenda, which includes the following actions affecting international trade.

• U.S. Customs and Border Protection has pushed back to July a proposed rule that would amend its regulations concerning cargo information (manifest) discrepancy reporting requirements for all modes of commercial transportation (air, sea, rail and truck).

This rule would:

(a) set forth corresponding guidelines for the assessment of penalties or claims for liquidated damages for manifesting violations;

(b) require that any discrepancy from previously filed cargo information be reported to CBP by the responsible party immediately upon discovery and that such reports, with limited exceptions, be submitted in an electronic format;

(c) eliminate Customs Form 5931 and require that cargo declaration information be kept for a period of five years after conveyance arrival; and

(d) provide guidelines for the assessment of penalties for failing to reporting discrepancies.

• In June CBP plans to issue a proposed rule amending its regulations pertaining to the obligations of customs brokers to keep clients’ information confidential.

• A CBP final rule removing the regulatory provisions pertaining to the Land Border Carrier Initiative Program is slated for June.

• By November CBP intends to finalize interim regulations issued in 2008 concerning the importer security filing, or 10+2, rule.

• CBP anticipates publishing by August a final rule establishing another international registered traveler program called Global Entry, which would provide an expedited inspection process for pre-approved, pre-screened travelers. A pilot of Global Entry has been operating since June 6, 2008.

• A CBP final rule amending the requirements an individual must satisfy to take the written examination for an individual customs broker’s license has been delayed until June.

• The Transportation Security Administration is still planning to issue by October a supplemental proposed rule concerning its security programs for large aircraft, other aircraft operators and airport operators. TSA is considering alternatives to provisions in its 2008 proposed rule concerning (a) the weight threshold for aircraft subject to TSA regulation, (b) compliance oversight, (c) watch list matching of passengers, (d) prohibited items, (e) scope of the background check requirements and the procedures used to implement the requirement, and (f) other issues.

• TSA expects to finalize by November interim final regulations issued in September 2009 concerning the Certified Cargo Screening Program. The CCSP will certify shippers, manufacturers and other entities to screen air cargo intended for transport on a passenger aircraft and will be the primary means through which TSA will meet the statutory requirement that 100% of air cargo transported on passenger aircraft, operated by an air carrier or foreign air carrier in air transportation or intrastate air transportation, must be screened by August 2010.