NCBFAA Issues

A reimagined end-to-end trade process mandates an agile legal and regulatory framework in pace with the modern trade environment through:

Expanded data submission, collection and dissemination, leveraging today’s technology and fully eliminating manual and paper processes
Clear, consistent identification and definitions of the roles and responsibilities of all parties to the modern supply chain including the buyer, seller and any U.S. parties with a financial interest in the goods
Consistent and clear arrival, release and post entry cargo processes and time-frames, providing for clearance prior to arrival
Trigger dates and times for parties to meet process and reporting requirements
Intuitive security/safety, admissibility, duty/fee tender, data correction, 1USG approval and finalization processes
Essential data/information submission and recordkeeping requirements to meet CBP’s current and future needs, consistent with the ordinary course of business, that are not redundant

Data Aggregation & Evaluation Through Customs Brokers, Freight Forwarders and Filers. In order for all nodes of the ever-evolving supply chain to improve the quality and accuracy of data to CBP and the PGAs, legislation must require licensed customs brokers, freight forwarders and other filers/ intermediaries to:

Attain and deploy requisite and continuing education providing the capacity to operate in the modern trade environment
Serve to appropriately aggregate and evaluate the right data, from the right parties, at the right time, throughout the import and export supply chain
Enhance, promote and protect economic and national security; health and safety; and innovation and competition that enhances the whole of U.S. industry

Data Driven Risk Assessment & Consequence Delivery. With better data transmitted more rapidly and flexibly to federal authorities, legislation must foster improved facilitation and enforcement that through today’s technology provides for:

A true, standardized One U.S. Government at the Border (1USG) messaging and release that fosters confidence so that traders may transact without the threat of redelivery except in the most egregious of situations
Direct feeds, processing and determination of data to and by import and export PGAs
Expedited review, detention, seizure and exclusion processes that clarify CBP’s or the PGA’s rationale for product safety/admissibility as well as IPR holds and the information needed for release and resolution
International trade automation focusing on business needs and processes to which CBP and the PGAs align
Repurposing and recalibrating CBP and PGA investigatory and audit programs and tools in a streamlined, efficient, relevant way
Enforcement protocols that are reasonable and sensible, using automation, artificial intelligence and algorithms to better identify and address risk and communicate dispositions

Predictability & Transparency in the Trade Processes. As the pace of global commerce continues to grow and shift at an unprecedented rate, legislation needs to provide the predictability and transparency that encourages sound, confident decision making through:

Expanded, bi-directional information sharing and informed compliance between the business community and federal bodies impacting trade
Sharing, receiving and disseminating detailed enforcement data that enables traders to detect, deter and mitigate unlawful supply chain activity and vulnerabilities through more intelligent, informed decision-making
Deploying a restricted and prohibited parties list identifying bad actors that allows parties and their intermediaries to avoid such transactions
Consistency and regularity in written decisions, guidance and policy that adequately and clearly guides the trade community

Partnership & Collaboration. While working in tandem with CBP and the PGAs to raise the level of compliance is critical, legislation must provide real incentives that reward trusted partners and deter bad actors by:

Streamlining and expediting the inquiry, challenge, appeal and adjudication process that promotes compliance
Implementing a true 1USG trusted trader program providing for CBP CTPAT’s mutual recognition of PGA trusted programs
Articulating enhanced mitigation amounts as well as tender and disclosure options for CBP and PGA claims brought against trusted traders
Minimizing or eliminating the merchandise processing fee for trusted traders to whom CBP and the PGAs can devote minimal resources
Co-creation between the trade and government in developing and deploying CBP and PGA programs, initiatives, policies and regulations


NCBFAA Issues A reimagined end-to-end trade process mandates an agile legal and regulatory framework in pace with the modern trade environment through: Expanded data submission, collection and dissemination, leveraging today’s technology and fully eliminating manual and paper processes Clear, consistent identification and definitions of the roles and responsibilities of all parties to the modern supply chain including the buyer, seller and any U.S. parties with a financial interest in the goods Consistent and clear arrival, release and post entry cargo processes and time-frames, providing for clearance prior to arrival Trigger dates and times for parties to meet process and reporting requirements Intuitive security/safety, admissibility, duty/fee tender, data correction, 1USG approval and finalization processes Essential data/information submission and recordkeeping requirements to meet CBP’s current and future needs, consistent with the ordinary course of business, that are not redundant Data Aggregation & Evaluation Through Customs Brokers, Freight Forwarders and Filers. In order for all nodes of the ever-evolving supply chain to improve the quality and accuracy of data to CBP and the PGAs, legislation must require licensed customs brokers, freight forwarders and other filers/ intermediaries to: Attain and deploy requisite and continuing education providing the capacity to operate in the modern trade environment Serve to appropriately aggregate and evaluate the right data, from the right parties, at the right time, throughout the import and export supply chain Enhance, promote and protect economic and national security; health and safety; and innovation and competition that enhances the whole of U.S. industry Data Driven Risk Assessment & Consequence Delivery. With better data transmitted more rapidly and flexibly to federal authorities, legislation must foster improved facilitation and enforcement that through today’s technology provides for: A true, standardized One U.S. Government at the Border (1USG) messaging and release that fosters confidence so that traders may transact without the threat of redelivery except in the most egregious of situations Direct feeds, processing and determination of data to and by import and export PGAs Expedited review, detention, seizure and exclusion processes that clarify CBP’s or the PGA’s rationale for product safety/admissibility as well as IPR holds and the information needed for release and resolution International trade automation focusing on business needs and processes to which CBP and the PGAs align Repurposing and recalibrating CBP and PGA investigatory and audit programs and tools in a streamlined, efficient, relevant way Enforcement protocols that are reasonable and sensible, using automation, artificial intelligence and algorithms to better identify and address risk and communicate dispositions Predictability & Transparency in the Trade Processes. As the pace of global commerce continues to grow and shift at an unprecedented rate, legislation needs to provide the predictability and transparency that encourages sound, confident decision making through: Expanded, bi-directional information sharing and informed compliance between the business community and federal bodies impacting trade Sharing, receiving and disseminating detailed enforcement data that enables traders to detect, deter and mitigate unlawful supply chain activity and vulnerabilities through more intelligent, informed decision-making Deploying a restricted and prohibited parties list identifying bad actors that allows parties and their intermediaries to avoid such transactions Consistency and regularity in written decisions, guidance and policy that adequately and clearly guides the trade community Partnership & Collaboration. While working in tandem with CBP and the PGAs to raise the level of compliance is critical, legislation must provide real incentives that reward trusted partners and deter bad actors by: Streamlining and expediting the inquiry, challenge, appeal and adjudication process that promotes compliance Implementing a true 1USG trusted trader program providing for CBP CTPAT’s mutual recognition of PGA trusted programs Articulating enhanced mitigation amounts as well as tender and disclosure options for CBP and PGA claims brought against trusted traders Minimizing or eliminating the merchandise processing fee for trusted traders to whom CBP and the PGAs can devote minimal resources Co-creation between the trade and government in developing and deploying CBP and PGA programs, initiatives, policies and regulations
CBFANC Newsletter - May 2021 - Info Expeditor