Wednesday, January 7, 2009

Customs Broker Triennial Status Report Due

In accordance with the provisions of 19 CFR 111.30(d), every licensed broker must file a status report and pay a corresponding fee every three years. The report and fee of $100 must be submitted to CBP during February 2009. There is no required format for this report; however, CBP provided a sample. The elements of the report contained in 19 CFR 111.30(d) may be provided on a sheet of paper and submitted to Customs along with the money order or check for the corresponding fee. Again, the attached sample report is only a suggested format and its use is not mandatory. A report that is filed during the month of February 2009 is considered timely filed. CBP offices will begin accepting status reports and the corresponding fee on January 2, 2009. Any license for which no report and fee is filed is subject to suspension by operation of law.

Each individually licensed broker must state whether or not he/she still meets the applicable requirements of 19 CFR 111.11 and 111.19 and has not engaged in any conduct that could constitute grounds for suspension or revocation under Section 111.53. Individuals are considered to be “actively engaged in customs business” when they are currently or have recently transacted customs business on behalf of others as a sole proprietor OR when they are employed by a licensed customs broker who is currently or has recently transacted customs business on behalf of others. Those who work for another broker and are not directly involved in any activities which fall under the scope of the definition of “customs business” may report that they are “NOT actively engaged in customs business.”

All valid licenses for which no report has been submitted will be suspended by operation of law on March 1, 2009. In cases like these, the port director will transmit a notice of the suspension to the broker during the month of March 2009 at the last known address reflected in CBP records. During the sixty-day period beginning on the date of the aforementioned suspension notice, the broker may submit a status report and fees to the appropriate port director. If this occurs, the license will be reinstated. Unfortunately, failure to submit a status report and the corresponding fees to CBP during the sixty-day period will result in the license being revoked. Such licenses are revoked by operation of law without prejudice to the filing of a new application for a license. You worked hard for that license and you don’t want to take the broker’s exam again, so arrange to file your report today!

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