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Draft Legislation Would Broaden CBP Export Enforcement Authority

A draft bill released this week could expand certain CBP enforcement authorities over exports. The legislation, which is being drafted by Sen. Bill Cassidy, R-La., would broaden CBP's authority to suspend and fine traders for illegal exports, including counterfeit shipments or goods that violate intellectual property rights, according to a draft summary of the bill. It would also grant “discretionary authority” for the seizure of exports and “excludes goods summarily forfeited from notice requirements.” The bill is aimed at modernizing U.S. customs laws to better address “national and economic security, enhance data integrity, confront international adversaries, and better facilitate trade by utilizing emerging technologies.”

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In a Nov. 3 email to members, the National Customs Brokers & Forwarders Association of America encouraged traders to “quickly provide input” on the draft bill. “We will continue to discuss and deliberate with CBP the impact of such legislation, ensuring it provides a modern, forward-thinking trade platform for customs brokers, freight forwarders and the cargo owners they serve,” NCBFAA customs lawyer Lenny Feldman said in a statement. Cassidy’s office is accepting comments on the bill sent to Jacob_Parker@cassidy.senate.gov by Nov. 20.