CBP's Forced Labor Regulatory Changes Should Include Timing Requirements, COAC Says

The working group also suggested far more CBP outreach on the agency's approach to preventing imports made through forced labor. CBP should develop a forced labor "mapping process" to detail out CBP's and other agencies' roles and host educational webinars, it said. CBP should also "clarify their ability to self-initiate allegations," the working group said. That ability is something two lawmakers said should be included in CBP's regulations (see 1607150042). Also necessary is an Informed Compliance Publication on the subject. The recommendations document includes an outline for a forced labor ICP, as well as suggested updates to resource guides and frequently asked questions.

Also posted were draft recommendations for an updated minimum security criteria (MSC) for the Customs-Trade Partnership Against Terrorism (C-TPAT) program from the MSC working group (here). Further discussions may be necessary before CBP makes changes to the MSC, the working group said. "In light of the fact that the MSC will have a significant operational impact on companies, the COAC recommends that CBP reach out to key C-TPAT partners giving them 90 days to comment on the proposed new MSC," it said. "The current process does not provide enough outreach to justify a substantial change."

CBP should also work with industry to develop "a Cost-Benefit Analysis and create a path forward to improve this ratio," the group said. The agency should also use a pilot approach to implementing the changes. "With current participation of over 11,000 companies, the existing MSC have been widely adopted and institutionalized in business practices such as contracts, program documents, audits, and training," it said. "As such, COAC recommends that CBP conduct a pilot phase of the new criteria to validate the capabilities. In addition, CBP should allow sufficient time for business to implement the new MSC once they are finalized."

The One U.S. Government at the Border COAC subcommittee also released a set of 13 draft recommendations (here) largely focused on international harmonization. Among other things, CBP should work to synchronize manifest filing times as much as possible, it said. "Since not all countries have developed requirements for export and import manifests, COAC sees an opportunity in this area for harmonization." Specifically, "COAC recommends that the U.S. work with Canada and Mexico to harmonize wherever possible all data required for U.S. export with Canada’s import manifest and Mexico’s not yet developed import manifest as well as synchronize the timing requirements for filing."

The agency should also work with Canada and Mexico to align advance data security programs, such as the Air Cargo Advance screening and Importer Security Filing programs, the subcommittee said. "Providing an identical data set across the three countries in each of these modes of transport will allow security requirements to be met uniformly across all borders," the group said. "To the extent possible under national legislation, these same data elements can also be used for admissibility requirements across borders when filed as a unified entry/release including both advance security data elements and classification at the [Harmonized Tariff Schedule] HTS 10-digit level for admissibility purposes." CBP posted the below documents:

Trusted Trader

• Trusted Trader Program Subcommittee Executive Summary (here)

Trade Enforcement and Revenue​​

• CBP Intellectual Property Rights (IPR) Division Issue Paper (here)
• CBP Prohibition of Importation of Forced Labor-Produced Goods Issue Paper (here)
• CBP AD/CVD Issue Paper (here)
• TERC COAC Trade Executive Summary (here)
• TERC COAC Draft Recommendations (here)

One U.S. Government at the Border

• 1USG Subcommittee – Trade Executive Summary (here)
• 1USG Subcommittee – Draft Recommendations (here)
• CBP ACE/Single Window Issue Paper (here)

Export

• Exports-AES Post Departure Filing Update (here)
• Exports-Manifest Pilots (here)
• Exports Subcommittee – Trade Executive Summary (here)

Global Supply Chain

• Global Supply Chain subcommittee, C-TPAT Minimum Security Working Group Government Issue Paper (here)
• C-TPAT Minimum Security Criteria Working Group DRAFT Recommendations (here)
• Global Supply Chain Subcommittee – Executive Summary (here)

Trade Modernization

• International Engagement and Trade Facilitation Working Group (here).