Obama Signs Customs Bill, Now Focus Shifts to Implementation

Obama_Customs_BillPresident Obama signed the Trade Facilitation and Trade Enforcement Act, commonly referred to as Customs Reauthorization, into law on February 25, just two weeks after the Senate approved the bill. This bipartisan bill is the first true Customs modernization legislation in nearly two decades.

The legislation will strengthen trade enforcement at U.S. ports and borders, and update the organization and management of the U.S. Customs and Border Protection. The bill includes provisions that streamline and facilitate trade, reduce business costs and paperwork burdens, and provide an enforcement mechanism for trade agreements.

“It is timely then for us to be signing this bipartisan customs bill because it’s an important milestone in our trade agenda,” said President Obama at the signing ceremony. “This is an example of smart trade policy in the 21st century.”

USCIB has been a longtime supporter of Customs Reauthorization and has strongly advocated for policies that eliminate trade barriers, harmonize global customs and border procedures, as well as modernize outdate laws. The bill includes the following provisions: increased de minimis; updated returns processes; end of year 2016 ITDS deadline; specified CBP engagement with private sector; avoidance of US WTO compliance matter; improved IPR provisions (i.e., providing unredacted samples to rights holders); drawback simplification; and more!

“We welcome the signing of the Customs bill and thank the Administration and Congress for their hard work on this key bipartisan legislation that meets the needs of business,” said Megan Giblin, USCIB’s director for customs and trade facilitation. “Our focus on this bill’s provisions will now turn to implementation, and we look forward to working with the administration to ensure its success.”

6 Reasons Why ICC is Celebrating International Customs Day

customs declaration

To remain competitive in an increasingly integrated global economy, businesses need to be able to rely on efficient Customs regimes and smooth logistics when exporting and importing goods. That is why the International Chamber of Commerce (ICC) and USCIB are celebrating International Customs Day, dedicated this year to promoting the digitization of Customs process under the slogan “Digital Customs: Progressive Engagement.”

ICC has highlighted six ways in which the world business organization is helping to promote trade facilitation and customs modernization, and helping businesses counter some of the border challenges they face today. USCIB is proud to support these initiatives as U.S. affiliate of ICC.

Working with the World Customs Organization (WCO)

ICC and the World Customs Organization (WCO) share a commitment to harmonize customs procedures and practices. ICC’s longstanding partnership dates back to the 1950’s when the two organizations declared support for the modernization of Customs as a core means of enhancing supply chains and economic competitiveness.

In 2015, ICC contributed to the development of the World Customs Organization’s Customs-Business Partnership Guidance which offers step-by-step advice for developing sustainable engagement between customs authorities and the private sector.

Natural allies on Trade Facilitation

Through the ICC Commission on Customs and Trade Facilitation, ICC provides input to the WCO on a number of technical issues including Customs Classification (in the WCO Harmonized System Committee) and Customs Valuation (in the WCO Technical Committee on Customs Valuation). On a strategic level, ICC and the WCO work together to address the Customs challenges and opportunities identified by traders.

In 2015, ICC provided perspectives on the inappropriate use of Customs valuation databases to set minimum or reference pricing for imports. ICC has also been engaged from the start in the WCO Working Group on the implementation of the World Trade Organization’s landmark Trade Facilitation Agreement (TFA). Given that the agreement deals almost entirely with Customs-related topics, ICC works closely with the WCO to ensure the TFA’s successful implementation.

Practical guidance on international taxation

ICC proposals for more coherent tax and customs revenue collection were included in the WCO Guide to Customs Valuation and Transfer Pricing released in 2015 as part of a WCO Revenue Package. The guide provides concrete guidance on revenue collection to governments around the globe and aims to harmonize revenue collection between customs and tax authorities.

ICC also continues to support the efforts of the Organisation for Economic Co-operation and Development (OECD) and the United Nations towards further coherence of tax and customs administrations.

ATA Carnets – a passport for goods

Administered by ICC through its World Chambers Federation (WCF), the ATA Carnet is a tool for the temporary duty-free and tax-free admission of goods. The Carnet works like a passport for goods, removing the need for exporters to provide Customs authorities with the otherwise necessary guarantees required for goods to cross borders. Today, the ATA System is in force in 75 countries with over 178,000 ATA Carnets, covering hundreds of thousands of Customs transactions, issued worldwide every year for goods valued at $25 billion. USCIB is the U.S. national guaranteeing association for the ATA Carnet.

From computers and prototype cars to prehistoric relics and seismic equipment, Carnets are issued for all kinds of goods including commercial samples, professional equipment and goods for trade fairs and exhibitions.

Certificates of Origin – facilitating trusted trade

Every country in the world considers the origin of imported goods when determining the duty that will be applied to the goods or, in some cases, whether the goods may be legally imported at all. Certificates of Origin (CO) are important international trade documents attesting that goods in a particular export shipment are wholly obtained, produced, manufactured or processed in a particular country. Millions are issued every year.

ICC through its World Chambers Federation provides an international accreditation chain system for chambers of commerce, the principal agent in the delivery of certificates and has established international standards, rules and procedures that reinforce the trust and integrity of the CO Chain, to the benefit of traders and Customs administrations alike.

Incoterms® Rules – the daily language of trade

ICC’s famous Incoterms® rules are accepted as the global standard for the interpretation of the most common terms used in contracts for the international sale of goods. Incorporated in contracts for the sale of goods worldwide, they provide guidance to importers and exporters helping trading partners to avoid costly misunderstandings by clarifying the tasks, costs and risks involved in the delivery of goods from sellers to buyers.

To learn more about ICC trade tools that facilitate cross-border transactions visit:

http://www.iccwbo.org/products-and-services/trade-facilitation

For more information about USCIB’s trade services visit:

https://uscib.org/trade-services-UD-4293/

 

USCIB Urges Senate to Schedule Customs Vote

4556_image001Once passed, the U.S. customs reauthorization bill would update customs laws and procedures to streamline importing and exporting, contributing to economic growth and reduced costs for American businesses. On January 15, USCIB joined 18 other business organizations urging Senate Majority Leader Mitch McConnel to quickly schedule a vote on customs reauthorization legislation.

“We have worked for over a decade to bring this long-overdue legislation to passage, and so we urge you to quickly schedule a vote on the conference report,” USCIB and the other business organizations stated in a letter to Senator McConnel. The letter’s signatories represent a broad cross-section of the American economy, whose members include manufacturers, importers, exporters, wholesalers, retailers and service providers.

The customs bill, contained in a conference report passed by the House in December, has been delayed due to an unrelated provision including an Internet access tax ban.

“It is critical that the Senate complete passage of this bi-partisan legislation and get it to the President’s desk as the efficiencies contained in the bill will contribute to the growth of the U.S. economy,” the letter concluded.

20+ Business Organizations Urge Congress to Pass Customs Bill

Shipping-Containers

USCIB was joined by 21 other businesses organizations representing every sector of the American economy in signing a letter to Congressional leadership on December 3 urging legislators to resolve outstanding issues and pass the Trade Facilitation and Trade Enforcement Act of 2015 before Congress adjourns for the year at the end of this week. 

“[W]e strongly encourage the passage of the Trade Facilitation and Trade Enforcement bill within the 2015 legislative calendar,” the letter stated. “Continued customs modernization is essential to providing U.S. Customs and Border Protection (U.S. CBP) the support it needs to safeguard America’s borders while enhancing economic prosperity, and ensuring stability for American importers and exporters.” 

The letter notes that it has been more than two decades since the United States passed true customs modernization legislation. Passage of the Customs bill will, among other items,  update outdated e-commerce and business practices, benefit small business and consumers by raising the de minimis amount to $800, and codify U.S. CBP operations and management. 

The U.S. House and Senate have each passed independent and differing versions of the Trade Facilitation and Trade Enforcement bill. Last week, the House joined the Senate in appointing Conferees. However, staffers have been working to resolve issues informally for months. The bill is now in Conference.  The business community hopes that Congress can reconcile and pass a bicameral, bipartisan bill before Congress adjourns at the end of the year. 

Read the full letter here.

Smaller shippers likely beneficiaries of WTO Trade Facilitation Agreement

Journal of Commerce – April 28, 2015

The WTO’s Trade Facilitation Agreement, when ratified, will simplify and harmonize the flow of trade information from shippers and other supply chain partners into agencies responsible for monitoring and regulating trade. USCIB’s Kristin Isabelli is quoted.

Smaller shippers likely beneficiaries of WTO Trade Facilitation Agreement

One Coastal Tanker Hijacked Every Two Weeks in Southeast Asia

piracy_lo-resA small coastal tanker is hijacked by pirates in South East Asia every two weeks on average, a report from the International Chamber of Commerce (ICC) International Maritime Bureau (IMB) has revealed.

South East Asia accounts for 55 percent of the world’s 54 piracy and armed robbery incidents since the start of 2015.

After a steady drop in global piracy over the last few years, attacks rose 10 percent in the first quarter of 2015 on the same period of 2014.

Worldwide, pirates took 140 hostages in the first three months of 2015, three times as many as during the same period in 2014. A total of 13 seafarers were assaulted and three injured.

In West Africa, a hotspot for violent piracy, one man was killed in the hijacking of a fishing vessel off Ghana. Five crew members were kidnapped by Nigerian pirates in two separate incidents in addition to a small product tanker being reported hijacked.

IMB has recorded 23 ship hijackings in South East Asia since April 2014, with six taking place in the last three months. Most are carried out by armed gangs targeting small coastal tankers to steal their cargoes of fuel. Five tankers and an offshore tug have been hijacked in the first quarter.

“The frequency of these hijackings in South East Asia is an increasing cause for concern. There’s a risk that the attacks and violence could increase if left unabated,” said Pottengal Mukundan, director of IMB, which has been monitoring world piracy since 1991.

Malaysian authorities have detained one gang of hijackers now awaiting trial. IMB has commended this action and calls for a stronger, coordinated regional response to clamp down on piracy in South East Asian waters.

The country with the highest number of attacks is Indonesia, accounting for almost 40 percent of 2015 attacks, with two vessels hijacked and 19 vessels boarded. IMB reports that the overwhelming majority of incidents are low-level, opportunistic thefts, although the attackers here are usually armed with knives, machetes or guns.

With eight reports in the past three months alone, Vietnam has seen an increase in armed robbery incidents. More and more thieves are breaking into ships at anchor in and around Hai Phong and Vung Tau.

The IMB Piracy Report shows zero incidents for Somalia in the first quarter of 2015. However, it advises shipmasters to follow the industry’s Best Management Practices, as the threat of Somali piracy has not been totally eliminated.

USCIB Congratulates USTR Froman for Leadership on TFA

USTR Michael Froman
USTR Michael Froman

USCIB submitted a letter to U.S. Trade Representative Michael Froman on March 23 congratulating him for his leadership in implementing the World Trade Organization’s Trade Facilitation Agreement (TFA). The United States was one of the first countries to accept the TFA, a trade deal that will streamline cross-border trade and create an estimated 21 million jobs and add $1 trillion to the global economy over the course of a decade.

Two-thirds of WTO members must ratify the TFA before the agreement goes into force, and the United States serves as an example to other countries in ensuring the agreement’s ratification and implementation. Swift adoption of the TFA is critical for the business community, as it will spur economic growth and enhance competitiveness at a time when supply chains routinely cross multiple borders in the production of goods and services.

“The United States is playing a critical leadership role in implementation of the TFA and can count on the full support of the business community,” wrote USCIB President and CEO Peter Robinson in the letter.

USCIB has advocated strongly for the TFA, organizing two policy conferences on the multilateral trade agenda: “Exploring New Approaches to Trade, Investment and Jobs” in D.C. in October, for which Froman was the keynote speaker, and the “Customs and Trade Facilitation Symposium” in February in Miami.

Read the letter.

Charting a Course Toward Smoother Cross-Border Trade

L-R: Rob Mulligan (USCIB), Mark Linscott (USTR), Maritza Castro (DHL), and Terry McGraw (McGraw Hill)
L-R: Rob Mulligan (USCIB), Mark Linscott (USTR), Maritza Castro (DHL), and Terry McGraw (McGraw Hill)

Bottlenecks along trade routes are some of the most stubborn obstacles to economic growth and development. Perishable goods go to waste at the border waiting to clear customs. Trucks carrying cargo in western Africa spend over two thirds of their time just sitting idle, sapping resources and contributing to environmental degradation. Facilitating trade and modernizing customs procedures are essential for increasing prosperity for all.

USCIB partnered with the International Chamber of Commerce (ICC) to hold the ICC and USCIB Customs & Trade Facilitation Symposium: Finding Solutions to Cross-Border Challenges a two-day policy conference that took place in Miami, Florida on February 23 and 24.

TFA: need for speed

With Trade Promotion Authority and Customs reauthorization set to drop soon in the United States Congress, and with the implementation of the World Trade Organization’s landmark Trade Facilitation Agreement (TFA) set to begin in WTO member countries, the time is right for thoughtful discussion on how to facilitate trade and eliminate red tape at the border.

“We’re sitting on the most robust trade agreement we’ve ever had,” said Terry McGraw, chairman of ICC and USCIB, referring to the WTO’s TFA. Throughout the conference, participants agreed that government and business leaders need to work together to get the TFA ratified and approved by two-thirds of WTO member states as soon as possible. Ratification of the agreement is not yet a done deal – only Hong Kong, Singapore and the United States have ratified it thus far.

Private-sector support is crucial for TFA to succeed, and the global benefits of improving trade facilitation will be substantial. The ICC estimates that implementation of the TFA will add $1 trillion to the global economy and create 21 million jobs worldwide, most in the developing world.

“It’s heartwarming for me to see private sector interest in this agreement,” said Linscott during a Q&A session with McGraw.

Finding solutions to cross-border trade

Over 100 representatives from government, business and national customs authorities attended this two-day symposium. Discussions on the first day included introductory remarks by Kunio Mikyuriya, secretary general of the World Customs Organization, Yi Xiazhun, deputy director general of the World Trade Organization and ICC leaders, as well as a keynote address by Mark Linscott, assistant United States Trade Representative for WTO and Multilateral Affairs; a stock-taking session on the WTO’s trade facilitation agreement; an overview of trade logistics and customs regimes and a review of ICC’s trade tools.

The second day featured a keynote breakfast by Customs and Border Protection (CBP) Commissioner Gil Kerlikowske and discussion sessions on the Panama Canal expansion and how best to balance border security with trade facilitation.

“The conference offered an exciting and timely opportunity for government officials and business leaders to discuss policies that improve trade between countries and along supply chains,” said Jerry Cook, vice president of HanesBrands and chair of USCIB’s Customs and Trade Facilitation Committee. “HanesBrands has done a lot of work in this area, and we are committed to finding solutions that make it easier for all companies to do business.”

Support from business is essential

Commissioner Kerlikowske stressed the importance of close collaboration between business and Customs authorities to ensure border security in a cost-efficient manner. He noted that if countries can agree on the same security standards, they can collectively improve trade as well.

Secretary General Mikuriya noted the close collaboration between Customs and ICC, and expressed thanks for business’s efforts on trade facilitation, helping to eliminate illicit trade and improving the efficiency of supply chains.

“I applaud the ICC for its unwavering support for the TFA,” said Mikuriya.

The conference ended with agreement that improving trade facilitation will benefit all businesses and create jobs. But there is still a more work to be done: the TFA must first be ratified, and the private sector’s efforts in convincing governments and the public at large about the benefits of the agreement will be crucial for the agreement’s ratification and ultimate implementation.

Speakers also highlighted the challenges on the ground as business, government and customs officials work on trade facilitation implementation. These include problems with infrastructure, lack of intellectual property rights enforcement, corruption and entrenched red tape at the border. Substantial political will must be marshaled by WTO member countries to change organizational cultures, and participation from business will be required.

“It’s encouraging to hear that a lot of members have worked on these efforts already,” said Rob Mulligan, USCIB’s senior vice president for policy and government affairs. “The private sector must continue to move forward on getting TFA done.”

View conference photos on Flickr.

Speaker Announcement: Gil Kerlikowske, CBP

icc/uscib customs and trade facilitation symposium: finding solutions to cross-border challenges

Keynote Speaker Confirmed:

R. Gil Kerlikowske

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We are pleased to announce that Gil Kerlikowske, Commissioner of U.S. Customs and Border Protection, will be a keynote speaker at the ICC and USCIB Customs and Trade Facilitation Symposium from February 22 to 24 in Miami, Florida. As commissioner, Kerlikowske oversees the dual U.S. Customs and Border Protection mission of protecting national security objectives while promoting economic prosperity and security. His insights into international customs operations will be invaluable at the event.

R. Gil Kerlikowske was nominated by President Obama and sworn in on March 7, 2014 as Commissioner of U.S. Customs and Border Protection taking the helm of the 60,000-employee agency with a budget of $12.4 billion. As Commissioner, he runs the largest federal law enforcement agency and second largest revenue collecting source in the federal government. Most recently, he served as Director of the White House Office of National Drug Control Policy.

Mr. Kerlikowske brings four decades of law enforcement and drug policy experience to the position, including as Chief of Police for Seattle, Washington; as Deputy Director for the U.S. Department of Justice, Office of Community Oriented Policing Services; Police Commissioner of Buffalo, New York; and in the police department in St. Petersburg, Florida.

Register Now!

ICC and USCIB Customs & Trade Facilitation Symposium:

Finding Solutions to Cross-Border Challenges

February 22-24, 2015

The Four Seasons Hotel | Miami, Florida, USA

Limiting cross-border friction is increasingly vital to smooth the flow of trade and boost competitiveness for all business, especially for small and medium sized companies and emerging industry sectors. This conference brings business, government, international organizations and operational customs and trade experts together from the world over for an important dialogue on the most effective means to ease the movement of goods and services between countries along supply chains.

Topics Will Include:

  • Best regional practices and global cooperation on single window initiatives
  • de minimis
  • Intellectual property rights, and supply chain solutions
  • Balancing security and trade facilitation
  • WTO Trade Facilitation Agreement: implementation and challenges

If you wish to register via fax or email, please click here for the registration form.

For questions please contact Diana Jack at djack@uscib.org or (202) 617-3156.

For information on how you can become a sponsor contact Abby Shapiro at ashapiro@uscib.org or (617) 515-8492.

ICC and WCO Secretaries General Meet to Talk Business and Customs

L-R: John Danilovich (ICC), Kunio Mikuriya (WCO) and Norman Shenk (UPS).
L-R: John Danilovich (ICC), Kunio Mikuriya (WCO) and Norman Shenk (UPS).

International Chamber of Commerce (ICC) Secretary General John Danilovich met with World Customs Organization (WCO) Secretary General Kunio Mikuriya at WCO Headquarters in Brussels earlier this week to discuss ways to strengthen the relationship between the world business community and the WCO to facilitate cross-border trade.

Joined by Norman Shenk, chair of the ICC Commission on Customs and Trade Facilitation and UPS vice president of global customs policy and public affairs, Danilovich highlighted the role of the ICC World Chambers Federation in co-administering the ATA Carnet System and cooperating with the WCO in the area of Certificates of Origin.

ICC also supports the WCO with the Business Action to Stop Counterfeiting and Piracy (BASCAP) initiative to stop counterfeited goods at borders and prevent free trade zones from becoming hotspots for illicit trade and organized crime groups.

Discussions included specific challenges that small- and medium-sized enterprises (SMEs) encounter when trading across borders, customs valuation ceilings for goods known as de minimis, rules of origin and the increasing importance of e-commerce and global value chains.

Thanking Mikuriya for making the customs-business cooperation a priority, Danilovich also reaffirmed ICC’s ongoing support for the WCO’s work on trade facilitation and in particular for the implementation of the World Trade Organization (WTO) Trade Facilitation Agreement (TFA) that aims to enhance trade flows.

“Given that the agreement deals almost entirely with Customs-related topics, trade ministries, Customs and business must all be involved at country-level to ensure the TFA’s successful implementation,” Danilovich said.

Mikuriya has emphasized on many occasions that Customs and business are natural allies in trade facilitation. Both he and Danilovich will speak at the upcoming Customs and Trade Facilitation Symposium, hosted by ICC and USCIB in Miami from February 22 to 24.