CBP Notice on Customs Broker Continuing Education Lays Out Numerous Operational Questions

CBP is looking at requiring 40 hours of continuing education every three years for brokers, it said. Among the open questions is what should count toward the requirement, it said. The agency “believes that a wide variety of activities should qualify as continuing education opportunities to fulfill a mandated requirement,” it said. “Credit could be given to established corporate training, courses offered by customs brokers associations, and CBP online webinars.” Any other activities “would potentially need accreditation before being considered to be approved coursework,” it said.

The agency also believes “that the majority of continuing education should focus on laws authorizing CBP operations and processes, as well as CBP regulations and programs,” it said. “The majority (75 percent, or 30 of the 40 hours) would focus on customs business and CBP operational and process requirements, whereas the remainder (25 percent, or 10 of the 40 hours) would be available for education that could focus on other areas related to international trade that are not CBP-specific (such as other government agency requirements).”

CBP is also seeking input on how the hours should be tracked and reported to the agency. CBP is “contemplating that an individual customs broker report any education over the past 3 years in ACE, concurrently with the submission of the triennial report,” CBP said. “CBP would then conduct compliance activities that would randomly select a certain percentage of customs brokers, who would then be asked to provide the full tracking of their education.” CBP also said there's potential for “implementation of new ACE technology to enable a customs broker to simply check a box in ACE certifying that the 3-year continuing education requirement had been successfully completed.”

The compliance activities might involve “a random sample of 10 percent of customs brokers” that “must provide additional documentation to validate that sufficient continuing education took place over the past 3 years,” it said. “The customs brokers would then provide CBP with a spreadsheet, a report from employee training software, or other documentation available that would support the broker’s self-certification that the education had been completed.” CBP doesn't plan to require a specific format for continuing education tracking, it said.

CBP mentioned two possible responses for cases of non-reporting of the hours. “The first option is a path of progressive discipline: using increasingly severe measures when a customs broker is given reasonable time and opportunity to correct the lack of reporting, but does not comply,” it said. That progression would go from an initial warning letter, then a license suspension and eventually revocation, it said. “CBP is considering that a customs broker’s license would be suspended for a maximum of 120 days, allowing a broker to certify and demonstrate that he or she has completed the required 40 hours of continuing education. After the 120 days, the failure to correct the deficiency would result in the customs broker’s license being revoked by operation of law without prejudice,” it said. The other response would be to follow the process for failing to submit a triennial status report, it said.

The ANPRM includes a total of 44 questions exploring a variety of options and issues. Other major questions posed by CBP resolve around the accreditation process, potential costs involved and the amount of customs broker training already being used. Comments in the proceeding are due Dec. 28.