The NCBFAA has officially submitted recommendations to Customs and Border Protection (CBP) to ensure new, strict trade enforcement rules effectively target bad actors without paralyzing lawful supply chains.
Following the release of Executive Order 14411, which aims to significantly bolster U.S. customs enforcement, NCBFAA President Karen Damon transmitted a comprehensive feedback letter to CBP leadership. Drafted by the Customs Committee on behalf of customs brokers nationwide, the commentary outlines how the trade community can support enhanced supply chain security while maintaining efficient commercial operations.
“The brokerage community understands CBP’s enhanced role in supply chain enforcement and offers these comments to support this initiative in a manner that deters illicit cargo while promoting lawful trade,” Damon stated. “We view the customs broker as having a critical role in supporting the E.O.”
Key Focus Areas & Industry Recommendations
The NCBFAA’s feedback addresses several core provisions outlined in the Executive Order, advocating for transparency, due process, and clear operational guidelines:
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Importer of Record (IOR) Standards: The association supports proposed updates to eligibility—including minimum tangible assets, enhanced bonding, and CTPAT requirements for foreign importers. However, the NCBFAA urges CBP to clearly define the broker’s operational role regarding ACE Portal access and bond settings, while providing clear transition paths for Non-Resident Importers (NRIs) in good standing.
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“Good Standing” Framework: While acknowledging that forcing importers to maintain “good standing” boosts overall compliance, the NCBFAA stresses that this status should only be revoked for egregious, direct violations through a fair and uniform process.
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IOR Registry & Risk Tiers: The creation of an active, risk-tiered IOR registry is welcomed as a tool to promote trade compliance, provided the maintenance and updating process remains transparent to the trade community.
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Realistic Vetting Procedures: Addressing plans for recurrent vetting across brokers, forwarders, and foreign IORs, the NCBFAA pointed out that brokers lack access to government intelligence databases. Instead, they proposed a streamlined system where IORs and corporate officers register directly with CBP using a secure platform like login.gov (similar to TSA PreCheck or One CBP).
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Balanced Disclosure & Penalty Structure: While supporting heightened import certifications and tougher penalty floors for repeat offenders, the NCBFAA cautioned CBP against measures that inadvertently penalize compliant businesses. The association strongly advocates for maintaining “informed compliance” and due process before escalating to heavy enforcement.
Access the Full Submission
Customs brokers and industry stakeholders are encouraged to review the specific questions and detailed position points submitted to the agency.
