CBP does not see itself accrediting courses or events. Instead, CBP foresees designating five to 10 private parties to accredit seminars and events. These could be organizations like the National Customs Brokers and Forwarders Association of America (NCBFAA) or the American Association of Exporters and Importers (AAEI). It might be customs brokerage firms, universities, private training institutes or law firms.

CBP foresees establishing minimum criteria for assessing content, and CBP anticipates these firms might charge for their services. CBP seems to think that competitive market forces will keep fees low. CBP also understands that it might have to play some sort of dispute resolution role.

The accreditation issue is one that will require much more discussion and thought before implementation. The folks at CBP admit this and are open to suggestions.

Unanswered are questions such as: 

How do we protect ourselves against service providers that say their event is accredited, when, in fact, it is not? Will event providers receive a verifiable registration number that must be affixed to course advertisements or certificates of completion?

Will an accrediting firm also be able to offer training events? There would seem to be an apparent conflict of interest and an inherent bias against any competing training companies.

Will an accrediting firm be able to certify its own or related firm's events? Again, a conflict of interest seems apparent.

What happens if the event organizer chooses not to get the event accredited? Many smaller organizations host related events but may be unaware or unwilling to go through the formality of registering the event and certifying participation.

Will events certified by other professional organizations receive credit? The Institute for Supply Management, for example, holds top-notch events that might be applicable. Shouldn't their events automatically apply?

Could an attendee of an event have it certified after the fact? This would be particularly helpful when attending an event sponsored by Canada, for example. The event would likely not be certified by the event organizer but might be applicable.

Full Employment for Instructors?

What this proposal promises it also takes away. CBP has committed to providing at least 40 hours of free instruction, mostly available through webinars or through its website. While I may gain some new students, I may lose others due to the free course offerings.

Of greater concern is the law of unintended consequences. Where CBP is hoping to raise the bar, I fear the opposite will be true. I have a concern that the market may be flooded with poor quality offerings attended by brokers merely fulfilling the requirement but not truly improving their skill set.

Registering for ACE?

CBP seems to be firm on the issue that all brokers should have an ACE account and make their triennial filing via ACE. For active brokers that do not file entries this may be a burden as it will require maintaining ACE passwords over a three-year period simply to file the triennial report. I suspect this part of the proposal may undergo some changes over time as CBP learns more about the various roles active brokers play in the trade beyond filing entries.

CBP also advises that it foresees developing a new module for ACE that will facilitate the triennial reporting processing, including recording the 40 hours of training.

Burdensome Regulation?

You are correct. The proposal results in an additional regulatory burden to the individual broker to demonstrate participation in ongoing training. If you are already a professional in the trade, you are already participating in enough training to meet the 40-hour proposal. The additional burden of proof should be nominal.

You seem somehow surprised and somewhat indignant about this regulatory burden. Let me remind you that the profession of customhouse broker is born of the customs regulations. At the end of the day the designation of a customhouse broker is defined by Customs and Border Protection. It's their game and their rules.

To learn more about the proposal and see a summary of the May 2 and June 6 webinars, visit the CBP website.

After reviewing this material you have a chance to have your voice heard. Feel free to contact CBP with your thoughtful suggestions at: RoleoftheBroker@cbp.dhs.gov.

CBP Professional Standards?

While you are welcome to your opinion, I am not touching that comment. I’m just packing my backpack to get ready for school.