The U.S. Customs and Border Protection (CBP) has recently unveiled an upgraded version of their “Customs Broker Guidance for the Trade Community.” This latest iteration, Version 2.0, equips customs brokers with essential resources and insights to effectively navigate their customs operations in full compliance with CBP regulations.
Version 2.0 introduces several notable modifications, as outlined below:
Chapter 3 – Broker Examination Process
- The term “appealers” has been replaced with “appellants” throughout this chapter.
- Section D, which pertains to the Center’s role in the Examination Process, has been updated. Specifically, the third bullet point now includes a “Link to the online PDF of CBP Form 3124,” and the final bullet point specifies “The email address and/or mailing address for submitting the completed application.”
Chapter 4 – Broker License Process
- Section B, sub-section 2, now reads as follows: “The application (CBP Form 3124) with the original legal signature of a partner who possesses a broker license with sufficient agency to serve as the license qualifier and bind the brokerage.”
- Section B, sub-section 3, is now phrased as: “The application (CBP Form 3124) with the original legal signature of an officer who holds a broker license with sufficient agency to serve as the license qualifier and bind the brokerage.”
Chapter 5 – National Permit
- Section A, sub-section 3, has been updated to stipulate that “A licensed customs broker must employ a licensed individual broker who will exercise responsible supervision and control over the activities conducted under the national permit. The licensed employee overseeing the national permit need not be an officer of the corporation or a member of the partnership.”
Chapter 9 – Filer Code Maintenance
- Section E now includes additional language addressing the suspension of a Filer Code.
Chapter 10 – Broker Oversight
- Section A, which covers Responsible Supervision and Control, now incorporates language regarding general broker duties and responsibilities.
- In Section B, Broker Reporting Requirements, there have been revisions to the language concerning the submission of documentation and reporting to CBP, particularly related to separation from a client.
- Section F, focusing on Power of Attorney (POA), has revised language stating that “Brokers must maintain POAs received from the client (via email, mail, fax) alongside their other records. These POAs must be retained until revoked, and revoked POAs and letters of revocation should be retained for five years after the date of revocation or for five years after the date the client ceases to be an active client. An ‘active client’ refers to a client from whom a broker has obtained a POA and with whom the broker has conducted customs business on at least two occasions within the preceding 12-month period.”
To access and download the updated Customs Broker Guidance (Version 2.0), please visit the Customs Broker Modernization Regulations webpage. For any inquiries or questions, kindly direct them to CBP’s Broker Management Branch within the Office of Trade at [email protected].
