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Summer 2012 Webinar Series




                                      The Role of the Broker:
                             Regulatory alternatives and
                                      economic analysis
Part of CBP’s
Initiatives for 21st Century Trade
August 9, 2012                                                  1
Housekeeping
• Make sure the volume is turned up on your computer
  and that the “mute” button is not engaged
• PLEASE USE YOUR COMPUTER SPEAKERS IF POSSIBLE.
  We have only 125 phone lines.
• Ask questions and add comments using the “Chat”
  feature
• View in “Full Screen” if you’d like to hide the CC
• Producer has responsibility for the content of this
  webinar
• Contact us offline at RoleoftheBroker@cbp.dhs.gov

                                                        2
Your hosts today
• Elena Ryan, Acting Director for Trade Facilitation and
  Administration, Office of International Trade
• Seth Renkema, Chief Economist, Office of International
  Trade
• Andrew Rollo, Economist, Office of International Trade




                                                           3
What is your vision for the 21st
Century customs broker?

How do we get there?




                                   4
Customs Regulation Modification
• Expanding certain roles of the broker will require the
  creation or modification of customs regulations
  contained in 19 Code of Federal Regulations (C.F.R) Part
  111.
• Federal law requires regulatory analysis for rulemaking
  that rescinds or modifies existing rules, or establishes
  new requirements.




                                                             5
Executive Order (E.O.) 12866
• Purpose
   – Minimize duplication and conflict in federal
     regulation
   – Ensure that agencies promulgate only regulations
     that are required by law, are necessary to interpret
     the law, or are made necessary by a compelling
     need (such as market failures)
   – Include Office of Management and Budget (OMB) in
     rulemaking
• Applies to all regulatory actions

                                                            6
Executive Orders 12866 & 13563
• E.O. 13563 supplements and reaffirms E.O. 12866
• Emphasize integrated, innovative, flexible, and
  scientific approaches to regulatory development
• Requirements
   – Cost-benefit assessment of rule and alternatives,
     including retrospective analysis of existing rules
   – Notice of rulemaking
   – Public and agency engagement
      • Advance coordination with potentially affected
        parties
      • Disclosure of regulatory compliance information
      • Public comment period
                                                          7
Regulatory Flexibility Act (RFA)
(5 U.S.C.    601-612)
• Purpose
   – To mandate that agencies consider regulatory
     alternatives that minimize the impact on small
     entities (small businesses, not-for-profit
     organizations, and small governmental jurisdictions)
   – To advise the public of rules that will have a
     “significant economic impact on a substantial
     number of small entities” or certify no substantial
     impact
• Applies to:
   – Any rule subject to notice and comment rulemaking
     under the Administrative Procedure Act.                8
Economic Analysis
• According to OMB, a good economic analysis should
  include the following three basic elements:
   1. A statement of the need for the proposed action
   2. An examination of alternative approaches
   3. An evaluation of the benefits and costs—
       quantitative and qualitative—of the proposed action
       and the main alternatives identified by the analysis
• CBP encourages input from the trade community to
  assist us in our economic analysis


                                                          9
Regulatory Alternatives
• Critical areas of broker regulations overhaul:
   1. Bona fides
   2. Broker permitting system
   3. Continuing education requirements
• We have several preliminary alternatives for bona fides,
  broker permitting, and continuing education
  requirements.
   – These are not firm alternatives; they will likely change
   – The goal of sharing these alternatives is to initiate
     conversation
                                                            10
Bona Fides Alternatives
1. Require checklist to verify an importer’s power of
   attorney (POA). (This is provided in guidance right now).
2. Implement checklists in regulations and disallow POAs
   from freight forwarders.
3. Require face-to-face, telephone, or email importer
   verification, and disallow POAs from freight forwarders.
4. No regulatory Change




                                                          11
Broker Permitting Alternatives
1. Expand remote location filing (RLF) beyond 01, 03, 06
   (excl. drawbacks), 11, 23, etc. entries
2. No place of business required in district, but brokers
   need to maintain reasonable supervision and control
   over customs transactions through a plan submitted to
   CBP
3. Modify/remove geographic permitting areas to the
   extent the law allows
4. Expand definition of national permits beyond RLF
5. No regulatory action
                                                        12
Continuing Education Alternatives
1. Require CBP-accredited continuing education
   training/courses
2. Adopt the National Customs Brokers and Forwarders
   Association of America’s (NCBFAA’s) Certified Customs
   Specialists model as standard continuing education
   requirement
3. Accept NCBFAA CCS model plus accredit other
   continuing education training/courses
4. No regulatory action

• These continuing education alternatives could differ     13
  according to “types” of brokers
Webinar schedule
Start time is 3pm EDT and will generally be about 90 minutes
http://connect.hsin.gov/rotb/
You do not need to sign up; please join us at the scheduled time

August 23            Continuing education (Part 1)
September 6          Continuing education (Part 2)
September 20         Broker penalties
October 4            Wrap-up and summary of major topics




                                                               14
Questions and Comments
• Send us your questions or comments
• You can email us at
  RoleoftheBroker@cbp.dhs.gov




                                       15
Websites and communication tools
Questions? Comments? Concerns?
Email us at RoleoftheBroker@cbp.dhs.gov

Our trade transformation website:
www.cbp.gov/xp/cgov/trade/trade_transformation/
On this site we’ll have…
   – the webinar schedule
   – previous webinars posted
   – advance questions for the upcoming session
   – other information you’d like to have?

Sign up for Trade Updates!
                                                  16

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Role Of The Broker Aug 9

  • 1. Summer 2012 Webinar Series The Role of the Broker: Regulatory alternatives and economic analysis Part of CBP’s Initiatives for 21st Century Trade August 9, 2012 1
  • 2. Housekeeping • Make sure the volume is turned up on your computer and that the “mute” button is not engaged • PLEASE USE YOUR COMPUTER SPEAKERS IF POSSIBLE. We have only 125 phone lines. • Ask questions and add comments using the “Chat” feature • View in “Full Screen” if you’d like to hide the CC • Producer has responsibility for the content of this webinar • Contact us offline at RoleoftheBroker@cbp.dhs.gov 2
  • 3. Your hosts today • Elena Ryan, Acting Director for Trade Facilitation and Administration, Office of International Trade • Seth Renkema, Chief Economist, Office of International Trade • Andrew Rollo, Economist, Office of International Trade 3
  • 4. What is your vision for the 21st Century customs broker? How do we get there? 4
  • 5. Customs Regulation Modification • Expanding certain roles of the broker will require the creation or modification of customs regulations contained in 19 Code of Federal Regulations (C.F.R) Part 111. • Federal law requires regulatory analysis for rulemaking that rescinds or modifies existing rules, or establishes new requirements. 5
  • 6. Executive Order (E.O.) 12866 • Purpose – Minimize duplication and conflict in federal regulation – Ensure that agencies promulgate only regulations that are required by law, are necessary to interpret the law, or are made necessary by a compelling need (such as market failures) – Include Office of Management and Budget (OMB) in rulemaking • Applies to all regulatory actions 6
  • 7. Executive Orders 12866 & 13563 • E.O. 13563 supplements and reaffirms E.O. 12866 • Emphasize integrated, innovative, flexible, and scientific approaches to regulatory development • Requirements – Cost-benefit assessment of rule and alternatives, including retrospective analysis of existing rules – Notice of rulemaking – Public and agency engagement • Advance coordination with potentially affected parties • Disclosure of regulatory compliance information • Public comment period 7
  • 8. Regulatory Flexibility Act (RFA) (5 U.S.C. 601-612) • Purpose – To mandate that agencies consider regulatory alternatives that minimize the impact on small entities (small businesses, not-for-profit organizations, and small governmental jurisdictions) – To advise the public of rules that will have a “significant economic impact on a substantial number of small entities” or certify no substantial impact • Applies to: – Any rule subject to notice and comment rulemaking under the Administrative Procedure Act. 8
  • 9. Economic Analysis • According to OMB, a good economic analysis should include the following three basic elements: 1. A statement of the need for the proposed action 2. An examination of alternative approaches 3. An evaluation of the benefits and costs— quantitative and qualitative—of the proposed action and the main alternatives identified by the analysis • CBP encourages input from the trade community to assist us in our economic analysis 9
  • 10. Regulatory Alternatives • Critical areas of broker regulations overhaul: 1. Bona fides 2. Broker permitting system 3. Continuing education requirements • We have several preliminary alternatives for bona fides, broker permitting, and continuing education requirements. – These are not firm alternatives; they will likely change – The goal of sharing these alternatives is to initiate conversation 10
  • 11. Bona Fides Alternatives 1. Require checklist to verify an importer’s power of attorney (POA). (This is provided in guidance right now). 2. Implement checklists in regulations and disallow POAs from freight forwarders. 3. Require face-to-face, telephone, or email importer verification, and disallow POAs from freight forwarders. 4. No regulatory Change 11
  • 12. Broker Permitting Alternatives 1. Expand remote location filing (RLF) beyond 01, 03, 06 (excl. drawbacks), 11, 23, etc. entries 2. No place of business required in district, but brokers need to maintain reasonable supervision and control over customs transactions through a plan submitted to CBP 3. Modify/remove geographic permitting areas to the extent the law allows 4. Expand definition of national permits beyond RLF 5. No regulatory action 12
  • 13. Continuing Education Alternatives 1. Require CBP-accredited continuing education training/courses 2. Adopt the National Customs Brokers and Forwarders Association of America’s (NCBFAA’s) Certified Customs Specialists model as standard continuing education requirement 3. Accept NCBFAA CCS model plus accredit other continuing education training/courses 4. No regulatory action • These continuing education alternatives could differ 13 according to “types” of brokers
  • 14. Webinar schedule Start time is 3pm EDT and will generally be about 90 minutes http://connect.hsin.gov/rotb/ You do not need to sign up; please join us at the scheduled time August 23 Continuing education (Part 1) September 6 Continuing education (Part 2) September 20 Broker penalties October 4 Wrap-up and summary of major topics 14
  • 15. Questions and Comments • Send us your questions or comments • You can email us at RoleoftheBroker@cbp.dhs.gov 15
  • 16. Websites and communication tools Questions? Comments? Concerns? Email us at RoleoftheBroker@cbp.dhs.gov Our trade transformation website: www.cbp.gov/xp/cgov/trade/trade_transformation/ On this site we’ll have… – the webinar schedule – previous webinars posted – advance questions for the upcoming session – other information you’d like to have? Sign up for Trade Updates! 16