U.S. Customs and Border Protection (CBP) has been sending letters to importers about “informed compliance,” and information that is intended to assist importers meet future compliance requirements.
The letters note that under current statutory provisions (19 U.S.C. § 1592(c)(4)) importers may elect to submit a disclosure, and if a complete disclosure is presented before a CBP investigation is initiated (or before there is knowledge that CBP will begin a formal investigation), there can be reduced penalties.
In providing these letters, CPB is reminding importers that any future violations could result in seizures and forfeitures of imported merchandise, as well as the imposition of monetary penalties. CBP is requesting that recipients of the letters sign and return a copy of the letter to CBP.
The CBP letters include a list of informed compliance publications available on the CBP website (and are accompanied by a DVD). According to a sample of the letters, CBP is encouraging importers “to proactively monitor” transactional data in the ACE secure data portal and to evaluate whether there are “significant errors/discrepancies that should be voluntarily reported to CBP.”
Importers receiving this type of CBP letter need to carefully consider and recognize that this may be a precursor to a full CBP “focused assessment” or other type of audit. Accordingly, companies that receive this CBP letter would want to consider the following steps:
KPMG Trade & Customs professionals have extensive experience in addressing similar CBP reviews and assessments.
For more information about possible next steps to take if your company receives a similar letter from CBP, contact a professional with KPMG’s Trade & Customs practice:
Douglas Zuvich | +1 (312) 665-1022 | firstname.lastname@example.org
Andrew Siciliano | +1 (631) 425-6057 | email@example.com
Todd Smith | +1 (949) 885-5617 | firstname.lastname@example.org
Luis Abad | +1 (212) 954-3094 | email@example.com
John McLoughlin | +1 (267) 256-2614 | firstname.lastname@example.org
George Zaharatos | +1 (404) 222-3292 | email@example.com
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