The proposed amendment would allow brokers, upon the importer’s consent in a written authorization, to share importer information with affiliated entities related to the broker so that these entities may offer non-customs business services to the broker’s importer clients.
According to CBP, the proposed amendment would also allow customs brokers to use a third party to perform photocopying, scanning and delivery of importer records for the broker.
'These proposed changes are intended to update the regulation to reflect modern business practices, while protecting the confidentiality of client (importer) information. In addition, the proposed changes would align the regulations with CBP’s previously published rulings concerning brokers’ confidentiality of client information,' the agency said in a Federal Register notice published Wednesday.
The issue of whether brokers may share importer information with third-party business entities has been previously considered by CBP in published rulings. It's been the agency's longstanding position that absent written importer consent, a broker may not share this information.
The agency said it 'continues to believe that protection of the client’s business information remains a paramount concern. At the same time, however, CBP recognizes that the development of more modern and efficient business practices, brought about by the changing structure and environment of the business community, has rendered the blanket prohibition of the current regulation somewhat antiquated.'
CBP said a broker may need to use a third-party service to perform tasks such as photocopying, scanning, and delivering client documents to support business operations of the brokerage services. In addition, the agency said a broker may have a 'legitimate financial interest in providing its clients additional non-customs business services which are offered by affiliated entities related to the broker.'
Comments related to the proposed rule must be received by CBP by Dec. 27. ' Chris Gillis
