19 U.S.C. § 4311 — Improving partnership programs
submitted 10 years ago by Pub. L. 114-125 to r/title-19-CUSTOMS-DUTIES · 783 words · no verdicts yet
The Commissioner must ensure that Customs and Border Protection partnership programs give trade benefits to qualifying private entities. The section requires consultation, coordination, and annual reports.
(a) To advance security, trade enforcement*, and trade facilitation, the Commissioner* must ensure that all listed Customs and Border Protection partnership programs provide trade benefits to private entities meeting the Commissioner’s participation requirements.
(b) The Commissioner must consult with private entities, the public, and agencies so participants receive commercially significant measurable benefits, including preclearance for highly compliant qualified persons; maintain an integrated transparent benefit-and-compliance system; consider consolidation when it would advance program goals, participation, benefits, and resource use; coordinate with Immigration and Customs Enforcement and other agencies on electronic and compatible releases, expedited-release criteria, and immediate clearance for highly compliant persons absent a national-security or compliance threat; and ensure participants receive benefits.
(c) By 180 days after February 24, 2016, and by December 31 each year afterward, the Commissioner must report to the appropriate congressional committees*. The report must identify programs; each program’s requirements, benefits, participant totals, and tier totals; people in multiple programs; effectiveness based on history, participation, and benefits; coordination with detention-and-release agencies; expedited-release criteria; work with private entities and the public; efforts to publicize benefits; and plans, targets, and goals for the next two years.
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.
In developing and operating partnership programs under subsection (a), the Commissioner shall—
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;
ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;
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;
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—
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;
to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;
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
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
ensure that trade benefits are provided to participants in partnership programs.
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—
identifies each partnership program referred to in subsection (a);
for each such program, identifies—
the requirements for participants in the program;
the commercially significant and measurable trade benefits provided to participants in the program;
the number of participants in the program; and
in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;
identifies the number of participants enrolled in more than one such partnership program;
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;
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;
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;
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;
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
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.
Source credit: (Pub. L. 114–125, title I, § 101, Feb. 24, 2016, 130 Stat. 127.)
- 2016Enacted · Pub. L. 114-125 · 130 Stat. 127
A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-125 on 2016-02-24.
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