19 U.S.C. § 4311: Improving partnership programs

Summary

The CBP Commissioner must make sure that Customs and Border Protection partnership programs — whether started before or on/after February 24, 2016 — give real trade benefits to private companies that meet the program rules. The Commissioner must work with businesses, the public, and other federal agencies to create clear, measurable benefits, including faster preclearance for companies with the highest compliance. The Commissioner must keep the benefit and compliance rules joined and transparent, think about combining programs when it helps, coordinate with ICE and other agencies so releases work through the Automated Commercial Environment and the International Trade Data System, set rules for fast release of goods that need other agency paperwork, and make paths for immediate clearance for very compliant entities unless there is a security or compliance concern. Within 180 days after February 24, 2016, and then by December 31 each year, the Commissioner must send a report to the relevant congressional committees. The report must name each partnership program; list each program’s participant rules, the measurable trade benefits, how many participants (and how many in each tier, if any), and how many are in more than one program; assess each program’s effectiveness; summarize work with other agencies and the fast-release rules; describe work with the private sector and outreach efforts; and list plans and goals for the next 2 years.

Title 19, §4311

Customs Duties, Source: USLM XML via OLRC

(a)In general

In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before February 24, 2016, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), and partnership programs of U.S. Customs and Border Protection established on or after February 24, 2016, provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the Commissioner under this section.

(b)Elements

In developing and operating partnership programs under subsection (a), the Commissioner shall—

(1)consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;

(2)ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;

(3)consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade benefits provided to participants in such programs, and enhance the allocation of the resources of U.S. Customs and Border Protection;

(4)coordinate with the Director of U.S. Immigration and Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United States—

(A)to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System established under section 1411(d) of this title;

(B)to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;

(C)to develop criteria for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States; and

(D)to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States to receive immediate clearance absent information that a transaction may pose a national security or compliance threat; and

(5)ensure that trade benefits are provided to participants in partnership programs.

(c)Report required

Not later than the date that is 180 days after February 24, 2016, and not later than December 31 of each calendar year thereafter, the Commissioner shall submit to the appropriate congressional committees a report that—

(1)identifies each partnership program referred to in subsection (a);

(2)for each such program, identifies—

(A)the requirements for participants in the program;

(B)the commercially significant and measurable trade benefits provided to participants in the program;

(C)the number of participants in the program; and

(D)in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;

(3)identifies the number of participants enrolled in more than one such partnership program;

(4)assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program;

(5)summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to detain and release merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border Protection;

(6)summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States;

(7)summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs;

(8)describes measures taken by U.S. Customs and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and

(9)summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Security and Accountability for Every Port Act of 2006, referred to in subsec. (a), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified generally to part B (§ 961 et seq.) of subchapter II of chapter 3 of Title 6, Domestic Security. For complete classification of this Act to the Code, see

Short Title

note set out under section 901 of Title 6 and Tables.

§4311 Improving Partnership Programs