On June 5, the Commercial Customs Operations Advisory Committee (COAC) released the 21st Century Customs Framework White Paper (21CCF). Within the documents, COAC remains in disagreement with Customs and Border Protection (CBP) on enforcement proposals, including revisions to 19 U.S. Code § 1592.
19 U.S. Code § 1592: Penalties for fraud, gross negligence, and negligence
Proposed revisions: The agency is asking for more autonomy to enforce 19 U.S. Code § 1592 and to file direct suit for cases involving negligence without following a preemptive regulatory process.
In addition to rejecting these revisions, the COAC is asking the agency to provide a knowledge standard that would allow CBP the capability to assess penalties per their proposal. However, CBP rejected the knowledge standard and claimed it would conflict with statutory language.
CBP’s modifications to 21CCF will not be supported or approved by the COAC until they reflect COAC’s recommendations.
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