Please contact a Customs Broker or local CBP Port Office.
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A processing Center is the broker management operations of a Center of Excellence and Expertise (Center). The processing Center processes applications for a broker’s license, applications for a national permit and submissions required in 19 CFR 111 for an already-licensed broker.
A Customs broker will continue to interact with a processing Center Broker Management Officer (BMO) based upon the physical port location through which the license and national permit are issued. A BMO contact list is located on the broker homepage at cbp.gov.
The national permit (NP) will operate as permits did before the transition; broker applies, CBP grants it; there is an annual user fee; the NP remains active as long as CBP receives an annual user fee unless the broker cancels it or it is revoked by operation of law or for cause.
CBP currently accepts electronic submission of broker exam and triennial status report fees through the eCBP portal (a CBP electronic data interchange (EDI) system). CBP plans to expand the eCBP portal to collect additional broker fees in the future. Currently, license and permit application fees, and permit user fees are submitted to the processing Center (port location) through which the application is to be submitted or license was delivered.
A broker designated knowledgeable point of contact (POC) must be available to CBP during and outside of normal operating hours to respond to customs business issues within 24 hours of inquiry. Brokers must maintain accurate and current POC information with CBP through the ACE portal account, or by writing to the processing Center if the broker does not have a portal account.
The knowledgeable point of contact must be an employee of the brokerage and should have sufficient knowledge of operations to respond to a CBP inquiry or direct CBP to an appropriate source for a response.
CBP requires the broker to provide a point of contact (POC) with sufficient knowledge of broker operations. The point of contact may refer CBP to other individuals to respond to questions. The POC may provide an email address/mailbox accessible by others as long as the email address/mailbox is monitored by individual(s) with sufficient knowledge of broker operations, and a response is provided to CBP within 24 hours of inquiry.
The recordkeeping point of contact (POC) must be knowledgeable about the financial records and customs business records and will be contacted when CBP is interested in accessing or reviewing the records. For example, CBP might request to see the broker's financial records for an audit or customs records for a broker visit or broker action. A broker must provide and keep current a recordkeeping contact. The contact should be reported on the ACE national permit ‘contacts’ tab. If a broker does not have an ACE portal account, the contact must be provided to the processing Center in writing
Upon the Final Rule effective date, a broker must execute a power of attorney (POA) directly with the importer of record (IOR) or drawback claimant, and not through a freight forwarder or other (unlicensed) third party, in order to transact customs business for that importer of record or drawback claimant. The term “directly” means the IOR or claimant must execute and sign the POA by directly communicating with the broker , and cannot have an agent or third party sign or negotiate the POA in their stead. However, the IOR or claimant may have an agent or third party assist in executing the POA, for example, by: providing translation services; providing counsel in reviewing the terms of a POA; or, providing courier services to relay a written POA.
The requirement for brokers to execute a power of attorney (POA) directly with a client does not prohibit a Broker A-Broker B relationship. A client may authorize its broker (Broker A) to allow other brokers (Broker B) to transact any portion of the customs business conducted on behalf of the client. The grant of authority to Broker B is accomplished by including special appointment language in the POA executed between the client and Broker A.
A freight forwarder may not assign a power of attorney to conduct customs business to a customs broker on behalf of a client.
In order to directly execute a POA with an IOR, a broker must directly communicate with the IOR, not via a third party or intermediary, such as a FF. A FF or other third party may act as a courier or delivery service to pass a written POA and related communications back and forth between a broker and IOR, or facilitate an electronic introduction between a broker and IOR, but cannot communicate with the broker instead of or in place of the IOR.
Yes, anyone seeking to have a broker conduct customs business on their behalf, including a nominal consignee, must execute a POA directly with a customs broker.
There is no change to 19 CFR Part 141 or to CBP's position on electronic signatures. Please see the FAQs on electronic signatures on POAs.
A broker must execute a power of attorney (POA) directly with an importer of record (IOR) or drawback claimant (client) and not through a freight forwarder or other third party in order to transact customs business on behalf of the client. The term “directly” means the IOR or claimant must execute and sign the POA by directly communicating with the broker, and cannot have an agent or third party sign or negotiate the POA in their stead. An agent or other 3rd party cannot serve as a barrier to communications between the broker and the client, however, the IOR or claimant may have an agent or third party assist in executing the POA, for example by: providing translation services; providing counsel in reviewing the terms of a POA; or, providing courier services to relay a written POA, but cannot communicate with the broker instead of or in place of the IOR.
CBP has not made any change to the standard POA language provided in 19 CFR 141.32.
Brokers must attach the supervision plan to the national permit application.
If the supervision plan is updated, the broker may submit a copy of the updated plan to the processing Center for DIS storage in the broker’s ACE account.
A broker must provide a supervision plan for exercising responsible supervision and control over its customs business at the time of permit application. Supervision plans are unique to each broker and depend, among other things, on the size of a brokerage, the complexity of the customs business, and the types of transactions handled. CBP believes it would be prudent to have more supervision in place if the broker entity is large and deals with complex business transactions. A link to a sample permit application and supervision plan guidelines can be found on Customs Broker Modernization webpage.
Brokers with an active national permit in place prior to the effective date of the Final Rule are not required to provide a supervision plan to CBP. However, development of a supervision plan is recommended as a best practice to ensure proper maintenance of responsible supervision and control. If a broker, who is exempt from the supervision plan requirement cancels his/her permit or the permit is revoked by operation of law, and afterwards the broker applies for a new permit, he/she must provide a supervision plan along with all other information required to be submitted with a national permit application.
A sole proprietorship, partnership, association, or corporation should employ a sufficient number of brokers to ensure it maintains responsible supervision and control over its customs business. What constitutes a sufficient number of brokers will depend on multiple factors, such as the size of the broker entity, the skills and abilities of the employees and supervising employees, and the complexity and similarity of tasks. Additional guidance may be found on Customs Broker Modernization webpage.
Brokers must electronically notify CBP when there has been a breach of electronic or physical broker records and provide CBP with any comprised importer of record numbers.
Contacts for Reporting a Breach of Electronic or Physical Records to CBP:
A broker must provide notification to CBP within 72 hours of discovering a breach of electronic or physical records relating to the broker’s customs business. The notification must include any known compromised importer’s Employer Identification Numbers (EIN). Within 10 business days of the notification, the broker must electronically provide an updated list of any additional known compromised EINs. After that, the broker must electronically provide any additional information discovered within 72 hours of discovery.
A broker must provide notification to CBP within 72 hours of discovering a breach of electronic or physical records relating to the broker’s customs business. The notification must include any known compromised importer’s Employer Identification Numbers (EIN). Within 10 business days of the notification, the broker must electronically provide an updated list of any additional known compromised EINs. After that, the broker must electronically provide any additional information discovered within 72 hours of discovery.
Brokers must maintain original records, including electronic records, within the customs territory of the United States and in accordance with the provisions of Part 111 and Part 163 of 19 CFR.
Brokers can share client information with third parties when authorized in writing by the client.
Third-party servers hosting electronic broker records must be based in the U.S.
A broker must not file or procure or assist in the filing of any claim, or of any document, affidavit, or other papers, known by such broker to be false. A broker must not give, or solicit or procure the giving of, any information or testimony that the broker knew or should have known was false or misleading, in any matter pending before DHS or to any representative of DHS.
Upon the Final Rule effective date, brokers must document and report to CBP when brokers separate from or cancel representation with a client upon determining that the client is intentionally attempting to use brokers to defraud the U.S. Government or commit a criminal act against the U.S. Government. The report to CBP must include the client name, date of separation or cancellation, and reason for the separation or cancellation. Such information should be reported by phone, email, or mail to a supervisory point of contact at the importer’s assigned Center of Excellence and Expertise. Reporting may also be made through CBP’s e-Allegations program as long as all required information is submitted. Additional guidance can be found in the Customs Broker Guidance for the Trade Community.
The broker should provide the name and address of the client, when the separation or cancellation occurred, the reason(s) for the separation or cancellation, and any documentation of the violation or attempted violation so CBP can exercise its due diligence and perform an investigation of the importer’s dealings.
CBP will notify brokers in writing of an impending revocation by operation of law, 30 calendar days before the revocation is due to occur, but only if the broker has provided advance notice to CBP of the underlying events that could cause a revocation by operation of law. Once a permit and/or a license is revoked by operation of law, CBP will also provide notice of the effective revocation.
CBP will endeavor to publish permit and license revocations by operation of law in the Federal Register within 1 year after revocation.
CBP published the Broker Continuing Education Notice of Proposed Rulemaking on September 10, 2021, and is adjudicating the comments received.
The definition of “customs business” has not changed and can be found in 19 U.S.C. 1641(a)(2) and 19 CFR 111.1, with additional requirements specified in 19 CFR 111.3. Based on the requirements appearing in § 111.3(a), the proposal in the example would not be allowed because customs business must be conducted within the customs territory of the United States. Brokers may request a ruling for a clear determination as to the permissibility of a fact-specific activity/scenario pursuant to 19 CFR 177.1.
The Final Rule expands the scope of the national permit authority to allow national permit holders to conduct any type of customs business throughout the customs territory of the United States, effectively making every entry filed a remote location filed entry. Upon the effective date of the Final Rule, a broker will file all entries through a national permit and submit the current RLF required information in the ‘B’ record of the ABI Batch and Block Control for each filing.
An updated CBP and Trade Automated Interface Requirements on the ABI Batch and Block Control will be posted to CBP.gov.
No, the regulatory changes do not affect self-filing importers who are not utilizing the services of a broker.
An updated CBP and Trade Automated Interface Requirements on the ABI Batch and Block Control will be posted to CBP.gov.
ACE Automated Broker Interface (ABI) CBP and Trade Automated Interface Requirements (CATAIR) | U.S. Customs and Border Protection
If a broker intends to maintain original records using an alternative storage method, he/she must submit an advance written notification to CBP. The notice must be provided at least 30 days prior to implementation of the alternative storage method. See 19 CFR 163.5(b) for details on submitting an alternative storage notification.
There has been no change to 19 CFR 111.36(c)(1) and (2) concerning broker compensation to a FF for referring broker business.
There has been no change as to who must file a triennial status report. All licensed individuals and organizations must file a triennial report.
If an individual is working for a licensed customs broker and transacting customs business on behalf of the licensed customs broker employer, the individual does not need a permit.
The Final Rule and the transition to a national permit structure does not have any effect on the statement generation and payment process.
The only section of 19 CFR 111.36, Relations with unlicensed parties, that has changed in the modernized regulations is 111.36(c)(3), the requirement to execute a direct power of attorney between the client and the broker. CBP has not changed any other requirements in that section.
The permit qualifier does not need to be an officer but must be a licensed employee. The license qualifier DOES need to be an officer of a corporation or association, or member of a partnership.
The letter for changing a national permit qualifier would go to the processing Center BMO located at the port through which the license was issued. National permits are managed through the licensing location. You may also copy the BMB HQ email: brokermanagement@cbp.dhs.gov.
CBP will not require customs brokers to have individually licensed brokers at each location where a broker transacts customs business, however, the broker must determine how many licensed customs brokers are needed and where they should be located to maintain responsible supervision and control over all custom business being conducted by the broker.
If CBP has a responsible supervision and control concern regarding a broker, whether the broker is employing a sufficient number of brokers is one of the factors that CBP may consider in determining whether or not the broker exercises responsible supervision and control over the customs business being conducted. After a broker visit, CBP will issue a written report of the visit documenting all areas of concern which could include identifying a lack of individually licensed brokers.
Brokers are responsible for providing CBP with an office of record address, email address, and a mailing address if that address is different from the office of record. Brokers not actively engaged in transacting customs business must provide CBP with their non-business address. Brokers must notify CBP of any change of address(es) within 10 calendar days of the change.
Reporting must be done through the ACE broker portal. If the broker does not have an ACE portal account, the information must be submitted in writing to a processing Center.
Brokers must provide written notification to CBP within 10 calendar days of an event resulting in a change of organization, with details explaining the event/change. Such events include a change in national permit qualifier, license qualifier, organization articles, or name.
CBP made training available for all changes in ACE, along with reference guides in the ACE broker portal. Please use the following link: ACE Training and Reference Guides.
Permitted brokers with ACE portal accounts may use the ACE broker portal to transmit information on current, new, and terminated employees; the office of record and recordkeeping address; the recordkeeping point of contact; and the knowledgeable 24/7 point of contact. If a broker does not have an ACE portal account, this information must be submitted in writing to the processing Center.
The ACE trade account owner (TAO) has the capability to add users to the account, assign a user’s access level, and grant no access, read-only access or full access to account information. It is the TAO’s responsibility to determine which users may have access to view and/or update employee information.
Brokers must report the employee's name, social security number, date and place of birth, date of hire, and current home address to CBP.
Brokers must report any changes to their current employees’ personal information (listed in § 111.28(b)(1)) within 30 calendar days of the change.
Brokers must submit any updated information through the ACE broker portal. If the broker does not have an ACE portal account, updated information must be provided in writing to a processing Center.
Brokers must report a new employee to CBP within 30 calendar days of the start of employment. Reporting must be done through the ACE broker portal. If the broker does not have an ACE portal account, the information must be submitted in writing to a processing Center.
Brokers must report a terminated employee to CBP within 30 calendar days of the termination. Reporting must be done through the ACE broker portal. If the broker does not have an ACE portal account, the information must be submitted in writing to a processing Center.
Yes, there will be a new template in the modernized portal with sections for the employee information required to be reported. It will not include sections on previous employment and previous addresses.
Brokers are required to report ALL employees of the licensed brokerage entity to CBP with the submission of a national permit application in compliance with 19 CFR 111.28, regardless of the employees’ duties and responsibilities (e.g. warehouse or office employees) and their work hours (e.g. temporary or part-time) as employees. This enables CBP to know all potential risks to U.S. revenue, or to the public, that an employee may pose.
As partially referenced in Headquarters Ruling 225006 (Feb. 15, 1994), and per the Federal Register notice published on March 30, 1989 (54 Fed. Reg. 13136), there are guidelines for identifying bona fide employer employee relationships. Subject to such guidelines, if the U.S.-based brokerage employs the person living in Mexico or Canada, that person should be reported. Note that CBP does not regulate foreign customs brokers, nor foreign staff, who are prohibited from engaging in customs business on behalf of a U.S. licensed broker.
In addition to providing a list of all employees, an organization broker applying for a national permit must provide the name, broker license number, office address, telephone number, and email address of each individual licensed broker (ILB) employed. CBP will add the ILBs to the permit record in ACE under the “Licensed Broker” tab. There is no additional requirement for brokers to identify whether new reported employees are ILBs, however, if a broker wishes to add new ILB employees to the “Licensed Broker” tab in ACE after initial submission, the broker may do so. To upload employee data, refer to the Modernized ACE Portal - Broker Reporting Quick Reference Card for instructions.
There are two types of customs brokers - private individuals and organizational brokerages. Organizational brokerages consist of corporations, partnerships, LLCs, or associations.
All brokers are regulated and empowered by U.S. Customs and Border Protection (CBP) to assist importers and exporters in meeting Federal requirements governing imports and exports. Brokers submit necessary information and appropriate payments to CBP on behalf of their clients and charge them a fee for this service.
Brokers must have expertise in the entry procedures, admissibility requirements, classification, valuation, and the rates of duty and applicable taxes and fees for imported merchandise. There are approximately 16,170 active licensed Customs brokers in the United States.
An individual must be a citizen of the United States, but not an officer or employee of the U.S. Government, be of good moral character, have attained 21 years of age prior to submission of the application and have passed a Customs Broker exam within 3 years of the submission of the application.
First, you must pass the Customs Broker License Examination. Second, you must submit a broker license application package with the appropriate fees. Finally, your application must be approved by CBP.
Corporations, partnerships and associations must obtain a broker license to transact Customs business. Each of these businesses must have at least one individually licensed officer, partner or associate to qualify the company's broker license. Failure to have a qualifying officer or member (of a partnership) for more than 120 days will result in the revocation of the broker license.
The organization must submit a customs broker license application package and appropriate fees to their local port. The application must be approved by CBP.
You may contact the Broker Management Officer at the port where you want to transact Customs business as a broker.
When the remote proctored examination option is offered, the selection may be made during broker exam registration.
Verify all the information provided is correct. If you continue to receive the error message, contact the Rev Mod Service Desk for assistance.
Verify you are using the same Login.gov account used previously. The same Login.gov account must be used each time to log in to eCBP or you will encounter this error. The email address may be changed and an additional email address may be added to your Login.gov account, but the account should not be deleted nor should a new or different Login.gov account be used. If you can’t sign in to the account used previously because you are unable to authenticate your account (no longer have the phone/device used previously, etc.), contact the Rev Mod Service Desk for assistance. Instructions for changing/adding an email address to a Login.gov account are available at the Login.gov website.
You may not have successfully signed in to Login.gov. Check the upper right corner of the Brokers home page and verify that ‘Login’ is not displayed. If ‘Login’ is displayed rather than your Login.gov email address, you have not signed in. If you are unable to sign in to Login.gov with the computer/device you are using, it may be configured to block cookies from being stored or is on a network that blocks cookies from being stored. Try using another device like a mobile phone or tablet which should resolve the issue.
All Broker Exam applicants will register using the eCBP Portal at https://e.cbp.dhs.gov and will sign in using Login.gov. A Login.gov account may be created during the registration process.
CBP recommends using the Google Chrome browser, latest version.
eCBP will function in Internet Explorer (IE) or Microsoft EDGE browsers with the recommended configuration adjustments below. Google Chrome does not require adjustments to the browser’s configuration.
For adjustments to IE or EDGE, simply add a special link (https://idp.int.identitysandbox.gov [1]) to the trusted site using the steps below:
If additional assistance is needed, contact Rev Mod Service Desk (RMSD) at: RevModServiceDesk@cbp.dhs.gov or call 1-800-366-8732 Ext. 4670 (please leave a message if your call is not answered directly) RMSD is open Monday-Friday between 8:00 a.m. and 4:30 p.m. Eastern time.
The Broker Exam Registration User Guide and Quick Reference Guide are available at User/Quick Reference Guides.
Contact the Rev Mod Service Desk or call 1-800-366-8732 Ext. 4670 (please leave a message if your call is not answered directly). RMSD is open Monday-Friday between 8:00 a.m. and 5:30 p.m. Eastern time.
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An address verification method has been implemented to capture accurate addresses. If you receive the message 'Residence Address Standardized' with an updated address, verify the address is correct. If you receive the message ‘Residence Address Not Found', verify the address and edit if needed. After the messages display, you may be navigated to the next screen and would need to select the Back button to make an address update. If your residence address and mailing address is different, you may receive the same type of messages for the Mailing Address separately.
The purpose of the examination is to “determine the individual’s knowledge of Customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters, necessary to render valuable service to importers and exporters.” (19 CFR 111.13(a)).
To be eligible to take the examination the applicant must be a U.S. citizen, age 18 or older, and they cannot be employed by the federal government at the time of the examination date. An individual who intends to take the examination must complete the electronic application at least 30 calendar days prior to the scheduled examination date and the applicant must remit the $390 examination fee prescribed in 111.96(a) at that time.
The examination fee is $390 as prescribed in 111.96(a). Information regarding all Customs Brokers fees is available at CBP Customs Broker Fees.
Payment of the examination fee must be made online via the examination application, and may be made by credit card, by debit card that can be used as a credit card, PayPal or Amazon payment.
As stated in 19 CFR 111.13(b), examinations are given on the fourth Wednesday in April and October unless the regularly scheduled examination date conflicts with a national holiday, religious observance, or other foreseeable event. A Federal Register Notice will be published if there is a change to an examination date.
In person examinations are given at authorized testing sites throughout the United States (including Puerto Rico) and examinees self-select their examination site. Remote proctored exams are available on a limited basis and are given online with electronic monitoring by an exam proctor.
When the remote proctored exam option is offered it will be with limited availability upon registering on a first come, first served basis. If the remote proctored exam option is being offered and is available, it will appear for selection when registering for the exam. To be eligible you must successfully execute the system checks which are provided at https://www.cbp.gov/trade/programs-administration/customs-brokers/license-examination-notice-examination. An affirmation selection will appear when the remote proctored exam option is selected. You must affirm that the system checks were successfully executed.
If the remote proctored exam is being offered and has exceeded capacity, there may be an option for a waitlist. If a waitlist is being offered when you register, it will appear for your selection. If selecting the waitlist option, you must successfully perform the system checks and affirm that the system checks were successfully executed. An affirmation selection will appear when the waitlist for the remote proctored exam option is selected. You must affirm that the system checks were successfully executed. If capacity becomes available, you will be notified by email from Broker Management Branch prior to the withdrawal deadline.
If there is not an option for the remote proctored exam or a waitlist for the remote proctored exam when you register, the remote option is not available.