Newsletter - new york/new jersey foreign freight forwarders

Newsletter
Volume LXVII
Calendar of
Upcoming Events L
99th Annual Dinner & 2016 Person of the Year
Dec 16, 2015
FSVP Seminar
Membership Meeting & Luncheon,
Newark
February 4, 2016
Panel Discussions on Port
Congestion & Face of ACE
99th Annual Dinner & Person of the
Year Award
February 24, 2016
Membership Meeting & Luncheon,
APM Terminal
April 13, 2016
Membership Meeting & Luncheon,
Newark
June 8, 2016
Membership Meeting & Luncheon,
Newark
Inside this issue:
Mario Cordero, Chairman of the Federal
Maritime Commission has been named the
2016 “Person of the Year” by the NY NJ Foreign Freight Forwarders & Brokers Association and will be presented this prestigious
award at the 99th Annual Dinner on February 4,
2016 held at the Marriott
Marquis Hotel in Times
Square,
NYC.
Mr.
Cordero was designated
Chairman of the Federal
Maritime
Commission
(FMC)
by
President
Barack Obama in 2013.
Prior to being designated
Chairman,
Mr.
Cordero served as an
FMC Commissioner. He
was nominated and
confirmed to the Commission in 2011. In his role
as
C hai r man ,
Mr.
Cordero brings over thirty years of private legal
practice and decades
of public service – including serving eight
years on the Board of Harbor Commissioners for the Port of Long Beach (POLB).
Prior to serving at the federal level, Chairman Cordero was very active in the Long
Beach Maritime Community. Initially ap-
Presidents Message
Fall/Winter 2015/16
pointed by the then-Mayor of Long Beach
and confirmed by the Long Beach City
Council in 2003. While a POLB Commissioner, Chairman Cordero spearheaded the
Port of Long Beach’s pioneering Green Port
Policy, a policy aimed at
reconciling
economic
growth and environmental
stewardship
to
achieve long-term, sustainable port development. During his years
serving on the Port of
Long Beach’s managing
body; he served as both
a Vice-President and
President. He also used
his time and leadership
position on the POLB to
educate
the
public
about the importance of
a robust Port, an effort
that included new and
expanded
community
outreach initiatives.
Concurrent with his leadership positions on
the POLB, Chairman Cordero took an active role in the American Association of Port
Authorities (AAPA), a multi-national trade
association representing more than 130
(Continued on page 2)
Page 2
Trans-Pacific Partnership Agreement by Robert Silverman, GDLSK
Food Safety
Verification Program
Page 3
New FMC Regulations
Page 4
GAC 2016
Page 5
BKIP
Page 5
On November 9, 2015, the President announced that he has notified the Congress
of his intention to sign the recently negotiated Trans-Pacific Partnership Agreement
(“TPP”). This follows closely on the heels of a
November 5th public release of a “Subject
to Legal Review” text of the TPP.
The TPP is an unprecedented free trade
agreement reached by negotiators of
twelve countries (Australia, Brunei, Canada,
Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, United States and Vietnam) ¹ after over five years of negotiations. The TPP, which impacts approximately
40% of global trade, brings with it the elimina(Continued on page 6)
Page 2
Volume LXVII
President’s Message by Charles Riley, Steer Company, Inc.
ord when transmitting data to
the various governmental
agencies .
Season's Greetings!
The most important change
affecting the brokerage and
forwarding community will be
the commencement on February 28, 2016 of Customs and
Border Protection's Automated
Commercial
Environment
(ACE) and the International
Trade Data System (ITDS) as
the electronic system of rec-
It is currently a challenge for
all involved in the international
supply chain, including the
governmental agencies, to
meet the deadline as mandated by the U.S. government.
This is due not only to the complexity of the programming,
but the large number of governmental agencies all trying
to meet the same deadline.
The concern is that there
could be a huge disruption in
the international transportation sector if all of the working
parts of ACE/ITDS are not fully
functional. Many enterprises
involved in international trade
are not yet fully aware of the
impact ACE/ITDS will have on
its operations.
Participating
governmental agencies are
99th Annual Dinner & 2016 Person of the Year
(Continued from page 1)
public port authorities throughout the United States, Canada, the Caribbean, and Latin
America. Notably, Chairman
Cordero served on the Executive Board for the AAPA’s Latin
American delegation. In this
role, he led efforts to develop
cohesive policies for greater
cooperation, increased trade,
and joint-growth across the
combined North American
and Latin American footprint.
Chairman Cordero has served
as adjunct professor for the
Long Beach City College,
where he taught political science. The Chairman earned
his Bachelor of Science degree in Political Science from
California State University,
Long Beach, and subsequent-
ly earned his Juris Doctor from
the University of Santa Clara.
It is with great honor the Association presents Mr. Cordero
with this award acknowledging his many achievements
throughout his maritime career.
The NYNJFFF&BA Association’s
Annual Dinner is one of the
largest industry events in the
United States and is attended
by executives and representatives of the ocean carriers,
forwarders, brokers, terminal
operators, government and
the many ancillary industries.
Visit our Website for Reservations, Sponsorship and Journal
Advertisement opportunities:
www.nynjforwarders-brokers.org
using ITDS as an opportunity to
gain additional data on merchandise that falls within its
regulatory authority.
Various enterprises across the
supply chain have to discuss
how ACE/ITDS is going to affect their relationships and
processes. The start of ACE/
ITDS as the official means of
transmitting data to the government will create a challenging operational environment in 2016 for all involved in
international trade.
The NYNJFFFBA 99th Annual
Dinner will be held on February
4, 2016 at the Marriott Marquis
in New York. The dinner affords everyone the opportunity to network with many key
professionals in our industry.
Don't let the opportunity to
pass you by. I hope to see
everyone at the NYNJFFBA
99th Annual Dinner.
Charles Riley
Steer Company, Inc.
331 Main Street
Metuchen, NJ 08840
Tel: (732) 205-8283
c.riley@jasteer.com
www.steer.us.com
Visit us online at:
www.nynjforwarders-brokers.org
Panel Discussions Port Congestion & Face of ACE
Thursday February 4th, 2016
prior to the 99th Annual Dinner
Gala at the Marriott Marquis
the NY/NJFFFBA will be hosting
two panel discussions:
and COAC member and Amy
Magnus, AN Derringer , a VP
from the NCBFAA, and a
COAC member will be among
the panelists.
From 1-2:30 PM there will be a
panel discussing Port Congestion.
FMC Chairman Mario
Cordero will be a panelist.
Reservations and detailed information on each pre-dinner
panel discussion can be found
online at
From 2:45-4:15 PM there will be
an import panel discussion on
the “Face of ACE” moderated
by Robert Silverman, Esq.
GDLSK. Cindy Allen, Founder
and CEO Trade Force Multiplier
www.nynjforwarders-brokers.org
or email
info@nynjforwaders-brokers.org
Fall/Winter 2015/16
Page 3
Final Ruling on FSVP by Robert Silverman, GDLSK
On September 17, 2015, the
Food and Drug Administration
(“FDA”) published two Final
Rules relating to preventive
controls for human and animal
food. Additionally, on November 27, 2015, the FDA has
scheduled publication of
three Final Rules relating to the
Foreign Supplier Verification
Program (“FSVP”), produce
safety standards, and accreditation of third-party auditors.
These rules are part of an ongoing effort by the FDA to reform food safety laws after the
passage of the Food Safety
Modernization Act (“FSMA”) in
2011.
Preventive Controls Must be
Put in Place by Food Facilities
The preventive controls rules
are designed to shift the focus
from responding to contamination events to identifying
and preventing problems. In
order to be as effective as
possible, the FDA has indicated that the preventive controls rules are designed to work
in conjunction with other final
and proposed rules including
the rule on FSVP.
tive controls rules is dependent
on the particular activities of
the facility as well as the ownership structure and the location of the facility. Although
the FDA discussed and expanded upon these definitions
during its webinar series, further clarification is expected in
the form of industry guidance
documents.
In order to comply with the
preventive controls rules, covered facilities must have a
written food safety plan that
includes a hazard analysis
and preventive controls designed to minimize or prevent
hazards. Additionally, in preparing a written food safety
plan, management must ensure that personnel are qualified to test and oversee the
preventive controls program.
In order to ensure that personnel are qualified, the FDA will
be providing a training program designed specifically to
cial circumstances exist.
Compliance dates for the preventive control rules vary depending on the size of the
business at issue. However,
Business Size
Very small
business
<$1,000,000 in
sales/year
Compliance
Date
Sept 17, 2018
Records to
show size due
Jan 1, 2016
Small business
<500 full-time
employees
All other
business
Sept 17, 2017
Sept 17, 2016
covered facilities may wish to
keep in mind the above
guidelines for compliance.
Foreign Supplier Verification
Programs (“FSVP”) Must Be
Implemented by Importers
The FSVP rules require importers to ensure that food imported into the United States is
produced in compliance with
the preventive controls rules,
produce safety standards,
and is not adulterated or misbranded with regard to food
allergen labeling.
Compliance with the FSVP
rules will be required of all importers except those who: are
exempt by virtue of compliance with supply-chain program requirements under the
preventive controls rules; are
of a certain size; or import certain foods not covered by
FSVP.
In order to comply with the
FSVP rules, importers must
have a foreign supplier verification program in place and
must conduct certain activities
including, but not limited to:
Compliance with the preventive controls rules will be required of all covered facilities.
Covered facilities include all
facilities that are required to
register with the FDA as a food
facility and generally extends
to facilities that manufacture,
process, or hold food for human or animal consumption.
However, the preventive controls rules include an exemption for primary and secondary
activities farms. Whether a
particular facility qualifies as a
primary or secondary activity
farm and thus is exempt from
compliance with the preven-
This information will include
records
demonstrating,
among other things: that a
facility is a qualified facility;
training in food safety; the existence of food safety plans;
and the existence of supplychain programs.

Assessing
hazards
with
each food;

address compliance with the
preventive controls rules. Finally, covered facilities will only
be permitted to receive food
from pre-approved suppliers,
based on previously conducted hazard analysis, unless spe-
In connection with the preventive controls rules, over the
next three years the FDA will
be collecting information in
connection with the reporting,
recordkeeping, and thirdparty disclosure requirements.
Evaluating risks associated
with each food based on
hazard analysis and foreign supplier’s performance;

Conducting supplier verification activities; and

Establishing and following
procedures to ensure food
(Continued on page 6)
Volume LXVII
Page 4
New FMC Regulations: License Renewal Every Three Years by Carlos Rodriguez, HuschBlackwell
The Federal Maritime Commission has issued final rules governing the licensing, bond requirements and duties of
Ocean Transportation Intermediaries (OTIs). These rules will
have significant impact on
OTIs (NVOCCs and ocean
freight forwarders), and most
of these rules are effective
December 9, 2015. Those
dealing with license renewals
every three years will become
effective a year later, December 9, 2016. The following are
the salient changes in the regulations which will have immediate and long term impact
on OTIs.
date three (3) years later on
the same day and month on
which the license was originally issued.
Existing licenses will be phased
-in over a three-year period
commencing on December 9,
2016 at which time the Commission will begin posting the
license numbers which will be
due for renewal and corresponding renewal dates.
Comment: Put this date
(December 9, 2016) on your
calendar to start reviewing the
FMC’s web site as to when
your license must be renewed!
The License Renewal Process
Since a periodic license renewal also implies the possibility that the license might not
be renewed, the highest interest by OTIs would naturally be
in this renewal process.
How will it work?
First of all, licenses shall be issued for an initial period of
three (3) years.
Thereafter, licenses will be renewed after all changes, if
any, to the FMC-18 (the original application form) have
been electronically reported,
at no charge, every three
years.
Upon successful completion of
the renewable application,
the license is then renewed for
sequential three year periods.
The renewal application must
be submitted no later than
sixty {60) days prior to the renewal date set forth on its license.
Upon successful renewal, the
Commission will issue a new
license bearing a renewal
What happens when it doesn’t
go well?
While the FMC can review a
licensee’s character anytime,
it will probably do so at the
time of renewal, based upon
information received from the
licensee updating its license
application information during
the renewal process, or the
FMC staff may review information from other external
sources. The concern is more
with any external information
which the FMC might have
received or obtained from
public sources which would
indicate claims, judgments,
bankruptcies of officers/
directors, or any other information whether or not it may
be reliable.
Comments. In most cases, information provided at the
time of renewal by the OTI
relating to information which
has changed on the OTI’s application, but not timely provided, would be acceptable
to the FMC. Therefore, we
would not suggest holding
back on information which
has changed but not timely
reported.
When information is provided
in the renewal process that
indicates changes that would
have required FMC approval
prior to the change pursuant
to § 515.20, the licensee must
promptly simultaneously submit an electronic request for
such approval on Form FMC18 together with the required
filing fee. The licensee may
continue to operate as an
ocean transportation intermediary during the pendency of
the Commission's approval
process.
Comments. (Most important
changes of these types involve corporate structure
changes, change of name,
and certain changes related
to Qualifying Individuals.)
The rules provide for an expedited hearing process for license or registered NVOCC
denials, revocations or suspensions with the ability to appeal
adverse decisions to the full
Commission. This is code for
certain procedural due process rights being suspended.
The Bureau of Certification
and Licensing (BCL) would
issue a Notice of Intent to suspend or revoke a license. If
the licensee requests a
“hearing”, BCL would deliver
to a hearing officer supporting
materials for the Notice. Then
the licensee would have 30
days to respond to BCL’s Notice. BCL then would have
another chance to reply to
the licensee’s response. The
hearing officer would then
have 40 days to issue a decision. If the licensee receives
an adverse result, it may seek
review of the hearing officer’s
decision by filing exceptions
with the Commission. Upon
receipt of the exceptions, the
Commission may overturn the
findings or it may order that a
formal hearing be conducted
on the open issues. Commission decisions can always be
appealed in the courts, but
that is a costly process.
Comments. This expedited
process deprives the licensee
of the ability to utilize discovery procedures, including subpoenas and other procedural
processes to address persons
or information which may be
the basis of the adverse decision, rendering it impossible or
difficult to protect its main
business asset---i.e., its license.
Other Important Rule Changes
With Important Consequences
Bond Amounts Reduced.
Bond amounts for OTIs, including registered NVOCCs remains the same except that
there will no longer be a requirement to add $10,000 coverage for each additional
branch office.
Comment. This is effective immediately (December 9,
2015), so ensure that your surety company reduces its bond
amount to reflect this change.
Claims, Court action, and
Judgment Information. Surety
companies must provide the
(Continued on page 7)
Volume LXVII
Page 5
GAC 2015 a Strong Finish by David Corn, C.J. Holt & Co. Inc.
At the NCBFAA Government
Affairs Conference (GAC), we
always have an opportunity to
present the issues to Congress
that are pertinent to our industry. This year, like the rest, we
are hoping for a strong finish to
the year when the legislation is
passed and there are celebrations throughout the trade! If
you think about any competition that you have ever encountered or entered yourself,
do you compete because you
think you might be able to
finish, or do you compete because you believe you can
win? We want to “win” with
our white paper suggestions,
and this year we presented
our port congestion and trade
facilitation positions to Congress.
This year we scheduled 39 appointments and had a
chance to meet with several
of our Representatives from NY
and NJ. When you have the
chance to meet with the
members of Congress directly,
you have the opportunity to
present these issues in the best
way possible. With these meetings comes a level of expectation and it’s important that we
deliver!
In our meetings, we presented
the economic threat that is
port congestion. Given the
disruptions that were seen
elsewhere in our country, having a specific solution in ad-
rics, labor disruption, infrastructure, and demurrage charges.
With the discussion of more
From left David Corn, Congressman Peter King, Matt Brauner & Charles Riley
vance of future problems is
critical for the transfer of mer-
free trade agreements and
the potential for increased
i mp o r ts
w i t h
larger
s h i p s
through
the expanded
Panama Canal, the
p a s sage of
s u c h
l e gi s l a t i o n
From left David Corn, Jeanette Gioia, Representative Rodney
Frelinghuysen, Julie Hartenfels & Charles Riley
should
be seen
chandise coming into and as necessary. We know that
leaving the U.S. The hot topics there aren’t any quick solufor the Hill dealt with port met- tions to these problems, but
the legislation should help to
introduce new ideas and
technologies that can be introduced to different ports to
keep trade moving efficiently!
For the third year in a row, we
presented Customs Reauthorization, which has been added
to a Trade Facilitation and
Enforcement Act. Within this
bill, there are specific provisions for broker requirements,
antidumping and countervailing duty provisions, and a section for drawback simplification. We are hopeful that with
the recent November elections, this legislation will be
passed in the next few weeks
of 2015 before we get into the
Presidential election year.
If you have not had an opportunity to join us in our grassroots campaign to lobby our
Representatives and Senators,
then it’s your turn to join the
party. Please consider attending the conference September 11-13, 2016 and voice your
issues to those that you’ve
elected to Capitol Hill!
I look forward to seeing you
there next year!
Dave Corn
C.J Holt & Co., Inc.
Oradell, NJ 07649
(201) 967-1220 x103
dcorn@dutydrawback.com
Broker Known Importer Program “BKIP” by Robert Silverman, GDLSK
The Broker-Known Importer
Program (BKIP) is an NCBFAA
initiative that has been accepted by CBP. BKIP allows a
customs broker to inform CBP
on an entry that the importer is
known to the customs broker,
and that the customs broker
has advised the importer of
their compliance responsibilities pertaining to the customs
regulations. CBP can consider
this relationship when conducting cargo risk segmentation.
The BKIP involves identifying
importer clients in entries filed
in ACE with whom the broker
has or will have an ongoing
relationship, creating a program whereby the broker will
interview the client so that the
broker has a basis to state on
entries that the client is
“known” to the broker. The
NCBFAA has a questionnaire
for this purpose, but brokers
can develop their own inter-
view guide. As a general rule,
this guide will review areas that
are relevant to the importer’s
compliance with the Customs
laws, and will cover areas such
as classification, valuation,
country of origin marking, antidumping duties, record keep(Continued on page 7)
Volume LXVII
Page 6
Final Ruling on FSVP by Robert Silverman, GDLSK
(Continued from page 3)
is imported only from approved suppliers.
Compliance dates for the
FSVP rules vary based on the
specific circumstances of importation and exemption, but
compliance for some business
will begin in May of 2017.
Produce Safety Plans Must be
Put in Place
The produce safety rules establish standards for growing,
harvesting, packing, and holding produce (i.e. fruits and
vegetables) grown for human
consumption.
Compliance with the produce
safety rules will be required of
all entities growing, harvesting,
packing, and holding produce
with modified requirements for
certain farms with a qualified
exemption. The produce safety rules do not apply to produce that is not a raw agricultural commodity, certain produce that the FDA has identified as rarely consumed raw,
food grains, produce used for
personal or on-farm consumption, and farms with an average annual value of produce
sold during the previous threeyear period of $25,000 or less.
tion, and based on the type of
covered activity, but compliance for some business will
begin in November of 2017.
Third-Party Auditors
In order to comply with the
produce safety rules, entities
growing, harvesting, packing,
and holding produce must
comply with rules relating to:

Agricultural water quality
and testing;

Manure and compost use;

Specific requirements for
sprouts due to their vulnerability to microbes;

Produce
contamination
by domesticated and wild
animals;

Worker
training,
health,
and hygiene; and

Standards
for
mainte-
nance of equipment,
tools, and buildings.
Compliance dates for the produce safety rules vary based
on the size of the business, eligibility for a qualified exemp-
The rules on accreditation of
third-party auditors establish a
program for voluntary accreditation of auditors to conduct
food safety audits and issue
certifications for foreign facilities and the foods that they
produce. The certifications
may be used to demonstrate
eligibility for the Voluntary
Qualified Importer Program,
and in certain instances, the
certification may be required
by the FDA when food is imported.
The FDA has not provided a
specific date when this program will be implemented, but
it has indicated that it intends
to implement the program as
soon as possible.
All of your clients who import
food should identify potential
safety hazards that exist for
the products that they import.
They also need to identify the
compliance steps they and
their vendors will take to make
sure that no tainted or improperly marked food will be imported and sold in the U.S. As
importers are usually located
in the United States, they are
subject to severe penalties by
the FDA. Thus, the burden will
fall on them to make sure that
these compliance standards
have been met.
Robert Silverman, GDLSK
399 Park Avenue, NY, NY 10022
212.557.4000
RSilverman@gdlsk.com
Trans-Pacific Partnership Agreement by Robert Silverman, GDLSK
(Continued from page 1)
tion or reduction of duties on
goods from the member countries that satisfy specified rules
of origin and other technical
requirements. The TPP follows a
NAFTA-like approach with special rules applying to certain
sectors, including textiles and
automotive.
TPP Timing
The TPP is subject to Congressional review under “fast track”
procedures which, subject to
certain conditions, limits Congress to an up or down vote
(i.e., not subject to amend-
ment). The fast track legislation, however, provides for a
number of required steps before implementation.
Such steps include (among
others): notification by the President to Congress and the public of his intent to sign the
Agreement at least 90 days in
advance of signature; making
the Agreement text publicly
available at least 60 days before Presidential signature; submission to Congress of a list of
required U.S. legal changes
within 60 days after entering
into the Agreement; submission
to Congress of a copy of the
final legal text of the agreement at least 30 days before
submitting the implementing
legislation; and passage by
Congress of the implementing
legislation into law. The Presidential announcement has
started the 90-day clock on the
first step forward.
Analyses for different products
has begun on a product by
product basis.
¹ The Agreement provides that
the TPP is open to future accession, subject to specified procedures, by:
(a) any State or separate customs territory that is a member
of APEC (Asia-Pacific Economic
Cooperation:
http://www.apec.org/), and
(b) such other State or separate
customs territory as the TPP
members may agree, that is
prepared to comply with the
TPP obligations.
Robert Silverman, GDLSK
399 Park Avenue, NY, NY 10022
212.557.4000
RSilverman@gdlsk.com
Fall/Winter 2015/16
Page 7
New FMC Regulations: License Renewal Every Three Years by Carlos Rodriguez, HuschBlackwell
(Continued from page 4)
FMC notices of claims against
bonds, court actions and/or
judgments against licensees
and registered NVOCCS
which the FMC cannot make
public.
Comments. Notwithstanding
the regulation, Freedom of
Information Act (“FOIA”) requests could result in this information becoming available
publicly. This information is
many times based on claims
based on unfounded facts
from third parties. Additionally,
the FMC could potentially misuse this unreliable information
to bring expedited proceedings to suspend or revoke OTI
licenses or registrations. A licensee or registered NVOCC
could, if it suspects that the
FMC has received unreliable
or unfair information, itself request that information pursuant to a FOIA request. This request would not likely be subject to any exemptions or exclusions, so the FMC would
have to provide it to the OTI,
and the OTI could take steps
to timely rebut any of the misleading information to avoid
an action by the FMC staff
prior to the commencement
of a proceeding.
FMC Request of Documents.
OTIs must promptly respond to
requests for all records and
books of accounts made by
authorized Commission representatives maintained by the
OTI and its agents.
Comments. This is a problem-
atical area, especially when
the cargo is routed from overseas by the agent. This, for
example, would mean that
the agent would have to provide its invoice which may
include the OTIs charges, but
these could also include other
local charges by the agent,
such as trucking or other services arranged which are not
within the jurisdiction of U.S.
laws. We suggest that all
agency agreements contain
provisions that agent records
relating to the U.S. OTIs services be promptly provided
upon FMC request. This still
does not guarantee that an
agent will oblige. Proper agency agreements would at least
provide a record that the OTI
took all the appropriate steps
to obtain that information from
its agents.
Responsible for Acts of Agents.
A new regulation states: “A
licensed ocean transportation
intermediary shall be fully responsible for the acts and
omissions of any of its employees and agents that are performed in connection with the
conduct of such licensee's
business.”
Comments. This raises questions of who is acting as an
agent or as an independent
contractor. Is a property broker retained by an OTI to arrange for inland transportation
an agent or independent contractor of the OTI? If it is an
agent, and the property broker arranges carriage with a
motor carrier that is not
properly vetted which results in
personal injury and property
damage, does this arguably
end up at the OTIs doorstep?
Care must be taken to define
carefully which activities handled by third parties are those
of an agent or of an independent contractor with obvious emphasis, of course, to
steer away from the agency
relationship where possible.
Conclusion
As can be seen, the new rules
are not OTI friendly. Care
should be taken to provide
timely information to the FMC,
and to insure that no misleading information is left to fester
with the agency which might
rear its ugly head during a renewal process. Also note that
special care must be taken in
structuring relationships with
agents as well as with independent contractors. We also
suggest that OTIs obtain contractual assurances from surety companies that the OTI be
notified when any information
is passed on to the FMC which
involves the OTI. This might
minimize surprises, but it should
be recognized that the FMC
also collects information from
public sources which many
times is erroneous. Do not hesitate to consider a FOIA request from the FMC when it is
suspected that such information may exist in public records.
Carlos Rodriguez is a partner at Husch
Blackwell LLP in Washington, D.C.
carlos.rodriguez@huschblackwell.com
HUSCH BLACKWELL LLP
750 17th St. N.W., Suite 900
Washington, D.C. 20006-4656
Direct: 202.378.2385
Fax: 202.378.2319
huschblackwell.com
Broker Known Importer Program “BKIP” by Robert Silverman, GDLSK
(Continued from page 5)
ing and so on.
The BKIP provides another opportunity for the broker to interface with clients and to enhance the level and type of
services that it provides. It may
also increase the client’s compliance levels, and may be
cited as exercises of reasona-
ble care in the event that problems should arise.. Benefits from
CBP are expected to follow,
but nothing concrete has yet
been announced.
In any
event the benefits highlighted
here are significant enough to
get this process started. In the
event that a broker decides to
engage in the BKIP program, it
is critical that a record of the
interview be maintained.
In the event that Customs has
a problem with the client, and
the broker has “checked the
box” to say that the broker
knows the importer, then Customs will surely want to see that
interview record. As a result,
the interview should be conducted by a responsible individual in your organization who
knows how to maximize service
to clients and who knows how
to handle the issues that arise
from the information that has
been gathered.
Finally, the
interview process should be
repeated and documented on
a regular basis
Robert Silverman, GDLSK
399 Park Avenue, NY, NY 10022
212.557.4000
RSilverman@gdlsk.com
PO Box 8217
Red Bank, NJ 07701
◄
Upcoming Holiday Luncheon Meeting December 16, 2015 ►
Date: December 16, 2015
Seminar:
FDA Final Ruling on Foreign Supplier Verification Program (FSVP)
Seminar Start Time: 10:00 AM – 12 PM
Luncheon Start Time: 12 Noon — 2PM
Place: Metropolitan Room at the Newark Club
One Newark Center, 22nd Floor
Directions Visit: www.metroroomnj.com
Luncheon Meeting Cost: Members 1 Free per Membership ● All Others $55
Register online www.nynjforwarders-brokers.org
A special thank you to our Luncheon Sponsor: