2017 API INTERNATIONAL TRADE AND CUSTOMS CONFERENCE

Transcription

1 2017 API INTERNATIONAL TRADE AND CUSTOMS CONFERENCE Customs Regulatory Audit, PRESENTED BY Informed Compliance Letters (ICL) & Importer Self Assessment (ISA) Benefits 1220 L Street, NW Washington, DC

2 About the presenters L Street, NW Washington, DC

3 Customs & Border Protection s Importer Self Assessment Program 3

4 ISA Background 1220 L Street, NW Washington, DC

5 1220 L Street, NW Washington, DC

6 Importer Self Assessment 1220 L Street, NW Washington, DC

7 Petroleum ISA 1220 L Street, NW Washington, DC

8 ISA Petroleum Risk Matrix 1220 L Street, NW Washington, DC

9 ISA Petroleum Risk Matrix 1220 L Street, NW Washington, DC

10 ISA Petroleum Risk Matrix 1220 L Street, NW Washington, DC

11 Requirements for ISA Participation 1220 L Street, NW Washington, DC

12 Where is ISA going? 1220 L Street, NW Washington, DC

13 ISA Benefits 1220 L Street, NW Washington, DC

14 CBP Informed Compliance Letters 1220 L Street, NW Washington, DC

15 CBP Informed Compliance Letters (Page 1 of 3) 1220 L Street, NW Washington, DC

16 CBP Informed Compliance Letters (Page 2 of 3) 1220 L Street, NW Washington, DC

17 CBP Informed Compliance Letters (Page 3 of 3) 1220 L Street, NW Washington, DC

18 CBP Informed Compliance Letters 1220 L Street, NW Washington, DC

19 CBP Informed Compliance Letters 1220 L Street, NW Washington, DC

20 1.) Consider the meaning of the letter 1220 L Street, NW Washington, DC

21 2.) Get Educated! 1220 L Street, NW Washington, DC

22 2.) Get Educated! 1220 L Street, NW Washington, DC

23 1220 L Street, NW Washington, DC

24 1220 L Street, NW Washington, DC

25 3.) Conduct a risk assessment 1220 L Street, NW Washington, DC

26 3.) Conduct a risk assessment 1220 L Street, NW Washington, DC

27 4.) Test and measure your compliance level 1220 L Street, NW Washington, DC

28 5.) Get management buy-in 1220 L Street, NW Washington, DC

29 6.) Evaluate your internal control program 1220 L Street, NW Washington, DC

30 6.) Evaluate your internal control program 1220 L Street, NW Washington, DC

31 7.) Consider a Prior Disclosure ( PD ) 1220 L Street, NW Washington, DC

32 8.) Develop a corrective action plan 1220 L Street, NW Washington, DC

33 9.) Implement corrective action 1220 L Street, NW Washington, DC

34 10.) Act Now! 1220 L Street, NW Washington, DC

35 ISA Additional Benefits 1. Recognition by CBP FP&F, OR&R and OFO at the port level of the ISA status of importers. This would take the form of: extended response times to FP&F liquidated damage notices if requested; requests for rulings should have a response of deadline of 30 days from the date of receipt of the request; extended review prior to overturning existing ISA-member company rulings, and expedited processing of prior disclosures. 2. Single issue spot audits: Regulatory Audit should give advance notice of what issues on which it will focus. This will give companies time to bring the appropriate personnel to the audit. 3. Measurement Audits: With respect to self-certified reports, Regulatory Audit will not test records more frequently than every five years. 4. Immigration & Customs Enforcement (ICE) investigations should not be launched against ISA members until efforts to co-create solutions for alleged issues between the member company and the Petroleum Center of Excellence are exhausted L Street, NW Washington, DC

36 ISA Additional Benefits 5. Communications at port level: All notices and other communications at port level (e.g. CBPF 28 s, 29s, penalty notices, ICE investigations), should be vetted through the National Account Manager. 6. Communications to ISA member companies are done electronically, by or ACE instead of paper or in addition to paper communication. This includes but is not limited to, CBPF28s and 29s, penalty notices and CBP bills. 7. Annual on-site refinery FTZ subzone visits by local port CBP officers should occur every third year for ISA members. If more frequent visits are needed, the National Account Manager will be engaged for coordination between the ISA member company and the CBP Port. 8. Creation of a national database of CBPF28s for use by port level CBP OFO staff to determine if issues are being asked by other ports and review of the ISA member company s response. ISA member companies would be briefed in on a sanitized list of broad issues being pursued by CBP L Street, NW Washington, DC

37 ISA Additional Benefits 9. ISA industry recognition if a targeted percentage of petroleum, natural gas and minerals CEE importers join ISA (or percentage of total value imported metric is met), then industry-wide issues such as updated measurement guidelines, pipeline monthly entry, pipeline uniformity, are given priority for resolution. 10. Baseline benefits of ISA membership should be enforced, including access to officials, training L Street, NW Washington, DC

38 Questions for the presenters L Street, NW Washington, DC