Licensed Customs Brokers Triennial Status Report and Fee are Due by February 28, 2009
U.S. Customs and Border Protection has posted a frequently asked questions (FAQ) document regarding the submission of the licensed customs broker triennial status report and fee.
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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.
Triennial status report and fee must be submitted for every license. According to the FAQ, the triennial status report and fee must be submitted to CBP for every license that has not been previously revoked, suspended or canceled, whether it may be a license for a corporation, partnership, association or individual. Some brokers who have had their licenses suspended may be required to submit a status report and fee, depending upon the conditions of the suspension agreement enacted between CBP and the individually licensed broker.
An individually licensed Customs broker who forms a corporation, partnership or association that is subsequently licensed as a Customs broker will be required to submit two reports and fees along with each report that is filed; one for the individual license and one for the license for the organization.
CBP states that the report and fee must be submitted to the director of the port who originally delivered the license to the broker. No reports should be submitted directly to CBP Headquarters.
According to CBP, a check or money order payable to U.S. Customs and Border Protection for $100 should accompany each status report.
CBP to begin accepting report/fee Jan 2, deadline is Feb 28, 2009. CBP states that triennial status reports and the corresponding fee may be filed from January 2, 2009 through February 28, 2009 to be considered timely.
No required format for report, sample report posted to CBP Web site. According to the FAQ, there is no required format for the triennial status report; however, CBP has posted to its Web site a model report as a sample.
The elements of the report prescribed in 19 CFR 111.30(d) may be compiled on a sheet of paper and submitted to CBP along with the money order or check for the corresponding fee. CBP emphasizes that the model report is only a suggested format and its use is not mandatory.
Licensed Customs brokers are reminded to present an employee list, if applicable, along with each status report in accordance with 19 CFR 111.28(b). In addition, 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 19 CFR 111.53.
Failure to File Report/Fee May Result in License Suspension/Revocation
According to the FAQ, 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. The failure of a broker to provide the port director with a change of address will result in the suspension notice being mailed to an incorrect address.
During the 60-day period beginning on the date of the aforementioned suspension notice, the broker may tender a status report and fees to the appropriate port director. If this occurs, the license will be reinstated. Failure to submit a status report and the corresponding fees to CBP during the 60-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.
(The triennial status report and fee should not be confused with the annual $138 user fee required to maintain a permit to conduct Customs business, which is due by January 23, 2009. See ITT's Online Archives or 11/26/08 news, 08112610, for BP summary.)
(See ITT's Online Archives or 04/23/08 news, 08042305, for BP summary on broker issues discussed at the April 2008 National Customs Brokers and Forwarders Association of America's Annual Conference.)
CBP FAQs (dated 11/26/08) available at http://www.cbp.gov/xp/cgov/trade/trade_programs/broker/2009_triennial_status/triennal_qa.xml
Sample triennial status report form available at http://www.cbp.gov/linkhandler/cgov/trade/trade_programs/broker/2009_triennial_status/tri_2009.ctt/tri_2009.doc.