U.S. Customs and Border Protection (CBP) published a proposal in the March 23, 2010 Federal Register to change some of the recordkeeping requirements for licensed customs brokers.  Specifically, CBP proposes to allow brokers to maintain records off-site anywhere within the U.S. Customs territory, provided that the records can be provided to CBP within a reasonable time period upon request by CBP.  CBP also proposes to remove the requirement, currently applicable to brokers who maintain separate electronic records, that certain entry records must be retained in their original format for the 120-day period after the release or conditional release of imported merchandise.

CBP is making these changes to conform with the practice of many businesses to prepare, store and transmit documents in electronic format.  The new requirements would also allow CBP to remove duplicative recordkeeping requirements without hindering its ability to monitor and enforce customs recordkeeping requirements.

CBP invites public comment on these proposed changes.  Any comments must be received by CBP on or before May 24, 2010. 

For assistance or additional information, please contact George Tuttle, III at (415) 986-8780 or george.tuttle.iii@tuttlelaw.com.

George R. Tuttle III is an attorney with the Law Offices of George R. Tuttle in San Francisco.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

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