Continuing Education Requirement Remains an 'Open Question,' Says CBP's Smith
ORLANDO, FLA. -- There's still some uncertainty as to whether CBP will ultimately require continuing education hours as part of a customs broker license, said Brenda Smith, assistant commissioner in CBP's Office of International Trade at the National Customs Broker & Forwarders Association of America conference on April 20. The agency is now in the process of reviewing whether it has the authority to make such a requirement and CBP will also need to look at all the pieces involved, she said. CBP has been considering for several years a proposal to require customs brokers to have 40 hours of continuing education for every three years (see 13041104).
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The agency must still take a close look on the subject, said Smith. "From a legal perspective, we are in the middle of the research" to "make sure that we actually could mandate it if we wanted to," she said. "I have to say, from my perspective, it is an open question whether that is really a government function" considering there are other organizations that support continuing education, she said. Following the legal review, CBP will consider the options and come to a decisions as to whether the agency will pursue the requirement, she said.
CBP is "close to putting out some new proposed" rules as part of an update to regulations for customs brokers, she said. Smith also asked that brokers consider what else needs to be changed with the regulations. The new Form 5106 that includes requests for additional information should be out soon, she said. CBP received over 200 comments after it requested input on the revised form last year, she said. Several groups voiced concern with the increased level of data collection on corporate officers (see 1412240014).
CBP is also testing a mobile application for customs entry filings, said Smith, during a discussion earlier in the day. The agency's work on Automated Commercial Environment continues to be the priority, but after that, CBP is looking at how to automate as much as possible, she said. As part of that, CBP is considering what is the easiest way to move from a paper filing system to an electronic system, she said. The agency is now taking some "baby steps" to see whether it can use mobile apps and smartphone technology, Smith said. The app isn't ready for deployment, but is something "we're playing with," she said. The issue raises the question as to what technology is out there that can help both CBP and the industry to improve the processes, Smith said.