§ 1641. Customs brokers

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1930

   Pub. L. 71–497 · 46 Stat. 590

   Enacted · 19 U.S.C. § 1641

   June 17, 1930, ch. 497, title IV, § 641, 46 Stat. 759

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title IV, § 641, 46 Stat. 759

2. 1935

   Public Law not identified

   Substituted · 19 U.S.C. § 1641(a)

   Subsec. (a). Act Aug. 26, 1935, § 3, substituted “(c)” for “(e)” in last sentence

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (a). Act Aug. 26, 1935, § 3, substituted “(c)” for “(e)” in last sentence.

3. 1935

   Public Law not identified

   Amended · 19 U.S.C. § 1641(b)(d)

   Subsecs. (b) to (d). Act Aug. 26, 1935, § 4, amended subsecs. (b) to (d) generally

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsecs. (b) to (d). Act Aug. 26, 1935, § 4, amended subsecs. (b) to (d) generally.

4. 1935

   Public Law not identified

   Repealed · 19 U.S.C. § 1641(e)

   Subsec. (e). Act Aug. 26, 1935, § 5, repealed subsec. (e) which related to licenses under the act of June 10, 1910

   Unresolved: No Public Law or Statutes at Large citation in the Code source.

   Source evidence

   Code amendment note
   Subsec. (e). Act Aug. 26, 1935, § 5, repealed subsec. (e) which related to licenses under the act of June 10, 1910.

5. 1958

   Pub. L. 85–791 § 8 · 72 Stat. 941

   1. Substituted · 19 U.S.C. § 1641(b)

      Pub. L. 85–791 in third sentence of second par., substituted “transmitted by the clerk of the court to” for “served upon”

   2. Struck and inserted · 19 U.S.C. § 1641(b)

      Pub. L. 85–791 in third sentence of second par., struck out “upon” before “any officer”, “certify and” before “file in the court”, “a transcript of” before “the record upon” and inserted “as provided in section 2112 of title 28”, and in fourth sentence of second par.

   3. Substituted · 19 U.S.C. § 1641(b)

      Pub. L. 85–791 in third sentence of second par., substituted “petition” for “transcript”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 85–791 in third sentence of second par., substituted “transmitted by the clerk of the court to” for “served upon”, struck out “upon” before “any officer”, “certify and” before “file in the court”, “a transcript of” before “the record upon” and inserted “as provided in section 2112 of title 28”, and in fourth sentence of second par., substituted “petition” for “transcript”.

   Enacted provision · exact public law section
   Sec. 8. The third and fourth sentences of the second paragraph of Treasury. 19 USC 1641. subsection (b) of section 641 of the Tariff Act of 1930, as amended (49 Stat. 865), are amended to read as follows: “A copy of such petition shall be forthwith transmitted by the clerk of the court to the Secretary of the Treasury, or any officer designated by him for that purpose, and thereupon the Secretary of the Treasury shall file in the court the record upon which the order complained of was entered, as provided in section 2112 of title 28, United States Code. Upon the filing of such petition such court shall have exclusive jurisdiction to affirm, modify, or set aside such order, in whole or in part.”

6. 1970

   Pub. L. 91–271 title III § 301(jj) · 84 Stat. 273

   Substituted · 19 U.S.C. § 1641(b)

   Pub. L. 91–271 substituted references to appropriate officer of the customs for references to collector or chief officer of customs wherever appearing

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 91–271 substituted references to appropriate officer of the customs for references to collector or chief officer of customs wherever appearing.

   Enacted provision · exact public law section
   (jj) Section 641 (19 U.S.C. 1641) is amended by striking the words 46 Stat. 759: 49 Stat. 864. “collector or chief” wherever they appear and substituting therefor “appropriate”.

7. 1978

   Customs Procedural Reform and Simplification Act of 1978

   Pub. L. 95–410 title I § 113 · 92 Stat. 888

   Added · 19 U.S.C. § 1641(e)

   Pub. L. 95–410 added subsec. (e)

   Source evidence

   Code amendment note
   Subsec. (e). Pub. L. 95–410 added subsec. (e).

   Enacted provision · exact public law section
   Sec. 113. Section 641 of the Tariff Act of 1930 (19 U.S.C. 1641) is amended by adding at the end thereof the following new subsection: “(e) Triennial Reports By Customhouse Brokers.— On February 1, 1979, and on February 1 of each third year thereafter, each person who is licensed as a customhouse broker under this section shall file with the Secretary a report as to— “(1) whether such person is actively engaged in business as a customhouse broker; and “(2) the name under, and the address at, which such business is being transacted.”.

8. 1980

   Customs Courts Act of 1980

   Pub. L. 96–417 title VI § 611 · 94 Stat. 1727

   1. Substituted · 19 U.S.C. § 1641(b)

      Pub. L. 96–417, in second par., substituted in second sentence “filing, in the Court of International Trade” for “filing, in the circuit court of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia”

   2. Struck · 19 U.S.C. § 1641(b)

      Pub. L. 96–417, in second par., struck out penultimate sentence which read as follows: “The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Secretary of the Treasury shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in 1254 of title 28.”

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 96–417, in second par., substituted in second sentence “filing, in the Court of International Trade” for “filing, in the circuit court of appeals of the United States within any circuit wherein such person resides or has his principal place of business, or in the United States Court of Appeals for the District of Columbia” and struck out penultimate sentence which read as follows: “The judgment and decree of the court affirming, modifying, or setting aside, in whole or in part, any such order of the Secretary of the Treasury shall be final, subject to review by the Supreme Court of the United States upon certiorari or certification as provided in 1254 of title 28.”

   Enacted provision · exact public law section
   Sec. 611. (a) The second sentence of the second paragraph of section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by striking out “in the circuit court” and all that follows through “District of Columbia” and inserting in lieu thereof “in the Court of International Trade”. (b) Section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by striking out the next to last sentence of the second paragraph.

9. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 title II § 212(a) · 98 Stat. 2948

   1. Amended · 19 U.S.C. § 1641

      Pub. L. 98–573 amended section generally

   2. Substituted · 19 U.S.C. § 1641

      Pub. L. 98–573 substituting provisions relating to customs broker’s licenses and permits for provisions relating to licensing of customhouse brokers

   Source evidence

   Code amendment note
   Pub. L. 98–573 amended section generally, substituting provisions relating to customs broker’s licenses and permits for provisions relating to licensing of customhouse brokers.

   Enacted provision · exact public law section
   (a) Section 641 (19 U.S.C. 1641) is amended to read as follows: “SEC. 641. CUSTOMS BROKERS. “(a) Definitions.— As used in this section: “(1) The term ‘customs broker’ means any person granted a customs broker’s license by the Secretary under subsection (b). “(2) The term ‘customs business’ means those activities involving transactions with the Customs Service concerning the entry and admissibility of merchandise, its classification and valuation, the payment of duties, taxes, or other charges assessed or collected by the Customs Service upon merchandise by reason of its importation, or the refund, rebate, or drawback thereof. “(3) The term ‘Secretary’ means the Secretary of the Treasury. “(b) Custom Broker’s Licenses.— “(1) In general.— No person may conduct customs business (other than solely on behalf of that person) unless that person holds a valid customs broker’s license issued by the Secretary under paragraph (2) or (3). “(2) Licenses for individuals.— The Secretary may grant an individual a customs broker’s license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct of customs business. In assessing the qualifications of an applicant, the Secretary may conduct an examination to determine the applicant’s knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters. “(3) Licenses for corporations, etc.— The Secretary may grant a customs broker’s license to any corporation, association, or partnership that is organized or existing under the laws of any of the several States of the United States if at least one officer of the corporation or association, or one member of the partnership, holds a valid customs broker’s license granted under paragraph (2). “(4) Duties.— A customs broker shall exercise responsible supervision and control over the customs business that it conducts. “(5) Lapse of license.— The failure of a customs broker that is licensed as a corporation, association, or partnership under paragraph (3) to have, for any continuous period of 120 days, at least one officer of the corporation or association, or at least one member of the partnership, validly licensed under paragraph (2) shall, in addition to causing the broker to be subject to any other sanction under this section (including paragraph (6)), result in the revocation by operation of law of its license. “(6) Prohibited acts.— Any person who intentionally transacts customs business, other than solely on the behalf of that person, without holding a valid customs broker’s license granted to that person under this subsection shall be liable to the United States for a monetary penalty not to exceed $10,000 for each such transaction as well as for each violation of any other provision of this section. This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2)(A). “(c) Customs Broker’s Permits.— “(1) In general.— Each person granted a customs broker’s license under subsection (b) shall— “(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs district in which that person conducts customs business; and “(B) except as provided in paragraph (2), regularly employ in each customs district for which a permit is so issued at least one individual who is licensed under subsection (b)(2) to exercise responsible supervision and control over the customs business conducted by that person in that district. “(2) Exception.— If a person granted a customs broker’s license under subsection (b) can demonstrate to the satisfaction of the Secretary that— “(A) he regularly employs in the region in which that district is located at least one individual who is licensed under subsection (b)(2), and “(B) that sufficient procedures exist within the company for the person employed in that region to exercise responsible supervision and control over the customs business conducted by that person in that district, the Secretary may waive the requirement in paragraph (1)(B). “(3) Lapse of permit.— The failure of a customs broker granted a permit under paragraph (1) to employ, for any continuous period of 180 days, at least one individual who is licensed under subsection (b)(2) within the district or region (if paragraph (2) applies) for which a permit was issued shall, in addition to causing the broker to be subject to any other sanction under this section (including any in subsection (d)), result in the revocation by operation of law of the permit. “(d) Disciplinary Proceedings.— “(1) General rule.— The Secretary may impose a monetary penalty in all cases with the exception of the infractions described in clause (iii) of subparagraph (B) of this subsection, or revoke or suspend a license or permit of any customs broker, if it is shown that the broker— “(A) has made or caused to be made in any application for any license or permit under this section, or report filed with the Customs Service, any statement which was, at the time and in light of the circumstances under which it was made, false or misleading with respect to any material fact, or has omitted to state in any such application or report any material fact which was required to be stated therein; “(B) has been convicted at any time after the filing of an application for license under subsection (b) of any felony or misdemeanor which the Secretary finds— “(i) involved the importation or exportation of merchandise; “(ii) arose out of the conduct of its customs business; or “(iii) involved larceny, theft, robbery, extortion, forgery, counterfeiting, fraudulent concealment, embezzlement, fraudulent conversion, or misappropriation of funds; “(C) has violated any provision of any law enforced by the Customs Service or the rules or regulations issued under any such provision; “(D) has counseled, commanded, induced, procured, or knowingly aided or abetted the violations by any other person of any provision of any law enforced by the Customs Service, or the rules or regulations issued under any such provision; “(E) has knowingly employed, or continues to employ, any person who has been convicted of a felony, without written approval of such employment from the Secretary; or “(F) has, in the course of its customs business, with intent to defraud, in any manner willfully and knowingly deceived, misled or threatened any client or prospective client. “(2) Procedures.— “(A) Monetary penalty.— Unless action has been taken under subparagraph (B), the appropriate customs officer shall serve notice in writing upon any customs broker to show cause why the broker should not be subject to a monetary penalty not to exceed $30,000 in total for a violation or violations of this section. The notice shall advise the customs broker of the allegations or complaints against him and shall explain that the broker has a right to respond to the allegations or complaints in writing within 30 days of the date of the notice. Before imposing a monetary penalty, the customs officer shall consider the allegations or complaints and any timely response made by the customs broker and issue a written decision. A customs broker against whom a monetary penalty has been issued under this section shall have a reasonable opportunity 19 USC 1618. under section 618 to make representations seeking remission or mitigation of the monetary penalty. Following the conclusion of any proceeding under section 618, the appropriate customs officer shall provide to the customs broker a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based. “(B) Revocation or suspension.— The appropriate customs officer may, for good and sufficient reason, serve notice in writing upon any customs broker to show cause why a license or permit issued under this section should not be revoked or suspended. The notice shall be in the form of a statement specifically setting forth the grounds of the complaint, and shall allow the customs broker 30 days to respond. If no response is filed, or the appropriate customs officer determines that the revocation or suspension is still warranted, he shall notify the customs broker in writing of a hearing to be held within 15 days, or at a later date if the broker requests an extension and shows good cause therefor, before an administrative law judge appointed pursuant to section 3105 of title 5, United States Code, who shall serve as the hearing officer. If the customs broker waives the hearing, or the broker or his designated representative fails to appear at the appointed time and place, the hearing officer shall make findings and recommendations based on the record submitted by the parties. At the hearing, the customs broker may be represented by counsel, and all proceedings, including the proof of the charges and the response thereto shall be presented with testimony taken under oath and the right of cross-examination accorded to both parties. A transcript of the hearing shall be made and a copy will be provided to the appropriate customs officer and the customs broker; they shall thereafter be provided reasonable opportunity to file a post-hearing brief. Following the conclusion of the hearing, the hearing officer shall transmit promptly the record of the hearing along with his findings of fact and recommendations to the Secretary for decision. The Secretary will issue a written decision, based solely on the record, setting forth his findings of fact and the reasons for his decision. Such decision may provide for the sanction contained in the notice to show cause or any lesser sanction authorized by this subsection, including a monetary penalty not to exceed $30,000, than was contained in the notice to snow cause. “(3) Settlement and compromise.— The Secretary may settle and compromise any disciplinary proceeding which has been instituted under this subsection according to the terms and conditions agreed to by the parties, including but not limited to the reduction of any proposed suspension or revocation to a monetary penalty. “(4) Limitation of actions.— Notwithstanding section 621, no 19 USC 1621. proceeding under this subsection or subsection (b)(6) shall be commenced unless such proceeding is instituted by the appropriate service of written notice within 5 years from the date the alleged violation was committed; except that if the alleged violation consists of fraud, the 5-year period of limitation shall commence running from the time such alleged violation was discovered. “(e) Judicial Appeal.— “(1) In general.— A customs broker, applicant, or other person directly affected may appeal any decision of the Secretary denying or revoking a license or permit under subsection (b) or (c), or revoking or suspending a license or permit or imposing a monetary penalty in lieu thereof under subsection (d)(2)(B), by filing in the Court of International Trade, within 60 days after the issuance of the decision or order, a written petition requesting that the decision or order be modified or set aside in whole or in part. A copy of the petition shall be transmitted promptly by the clerk of the court to the Secretary or his designee. In cases involving revocation or suspension of a license or permit or imposition of a monetary penalty in lieu thereof under subsection (d)(2)(B), after receipt of the petition, the Secretary shall file in court the record upon which the decision or order complained of was entered, as provided in section 2635(d) of title 28, United States Code. “(2) Consideration of objections.— The court shall not consider any objection to the decision or order of the Secretary, or to the introduction of evidence or testimony, unless that objection was raised before the hearing officer in suspension or revocation proceedings unless there were reasonable grounds for failure to do so. “(3) Conclusiveness of findings.— The findings of the Secretary as to the facts, if supported by substantial evidence, shall be conclusive. “(4) Additional evidence.— If any party applies to the court for leave to present additional evidence and the court is satisfied that the additional evidence is material and that reasonable grounds existed for the failure to present the evidence in the proceedings before the hearing officer, the court may order the additional evidence to be taken before the hearing officer and to be presented in a manner and upon the terms and conditions prescribed by the court. The Secretary may modify the findings of facts on the basis of the additional evidence presented. The Secretary shall then file with the court any new or modified findings of fact which shall be conclusive if supported by substantial evidence, together with a recommendation, if any, for the modification or setting aside of the original decision or order. “(5) Effect of proceedings.— The commencement of proceedings under this subsection shall, unless specifically ordered by the court, operate as a stay of the decision of the Secretary except in the case of a denial of a license or permit. “(6) Failure to appeal.— If an appeal is not filed within the time limits specified in this section, the decision by the Secretary shall be final and conclusive. In the case of a monetary penalty imposed under subsection (d)(2)(B) of this section, if the amount is not tendered within 60 days after the decision becomes final, the license shall automatically be suspended until payment is made to the Customs Service. “(f) Regulations by the Secretary.— The Secretary may prescribe such rules and regulations relating to the customs business of customs brokers as the Secretary considers necessary to protect importers and the revenue of the United States, and to carry out the provisions of this section, including rules and regulations governing the licensing of or issuance of permits to customs brokers, the keeping of books, accounts, and records by customs brokers, and documents and correspondence, and the furnishing by customs brokers of any other information relating to their customs business to any duly accredited officer or employee of the United States Customs Service. “(g) Triennial Reports by Customs Brokers.— “(1) In general.— On February 1, 1985, and on February 1 of each third year thereafter, each person who is licensed under subsection (b) shall file with the Secretary of the Treasury a report as to— “(A) whether such person is actively engaged in business as a customs broker; and “(B) the name under, and the address at, which such business is being transacted. “(2) Suspension and revocation.— If a person licensed under subsection (b) fails to file the required report by March 1 of the reporting year, the license is suspended, and may be thereafter revoked subject to the following procedures: “(A) The Secretary shall transmit written notice of suspension to the licensee no later than March 31 of the reporting year. “(B) If the licensee files the required report within 60 days of receipt of the Secretary’s notice, the license shall be reinstated. “(C) In the event the required report is not filed within the 60-day period, the license shall be revoked without prejudice to the filing of an application for a new license. “(h) Fees and Charges.— The Secretary may prescribe reasonable fees and charges to defray the costs of the Customs Service in carrying out the provisions of this section, including, but not limited to, a fee for licenses issued under subsection (b) and fees for any test administered by him or under his direction; except that no separate fees shall be imposed to defray the costs of an individual audit or of individual disciplinary proceedings of any nature.”.

10. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 title XVIII § 1888(8) · 100 Stat. 2085

    Added · 19 U.S.C. § 1641(i)

    Pub. L. 99–514 added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 99–514 added subsec. (i).

    Enacted provision · exact public law section
    (8) Section 641 (19 U.S.C. 1641) is amended by adding at the end thereof the following new subsection: “(i) Compensation of Ocean Freight Forwarders — (1) In general.— Notwithstanding any other provision of law, no conference or group of two or more ocean common carriers in the foreign commerce of the United States that is authorized to agree upon the level of compensation paid to ocean freight forwarders may— “(A) deny to any member of such conference or group the right, upon notice of not more than 10 calendar days, to take independent action on any level of compensation paid to an ocean freight forwarder who is also a customs broker, and “(B) agree to limit the payment of compensation to an ocean freight forwarder who is also a customs broker to less than 1.25 percent of the aggregate of all rates and charges applicable under the tariff assessed against the cargo on which the forwarding services are provided. “(2) Administration.— The provisions of this subsection shall be enforced by the agency responsible for administration of the Shipping Act of 1984 (46 U.S.C. 1701, et seq.). “(3) Remedies.— Any person injured by reason of a violation of paragraph (1) may, in addition to any other remedy, file a complaint for reparation as provided in section 11 of the Shipping Act of 1984 (46 U.S.C. 1710), which may be enforced pursuant to section 14 of such Act (46 U.S.C. 1713). “(4) Definitions.— For purposes of this subsection, the terms ‘conference’, ‘ocean common carrier’, and ‘ocean freight forwarder’ have the respective meaning given to such terms by section 3 of the Shipping Act of 1984 (46 U.S.C. 1702).”

11. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 648(1) · 107 Stat. 2057

    Inserted · 19 U.S.C. § 1641(a)(2)

    Pub. L. 103–182, § 648(1), inserted at end “It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with the Customs Service in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 103–182, § 648(1), inserted at end “It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with the Customs Service in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.”

    Enacted provision · exact public law section
    (1) by adding at the end of subsection (a)(2) the following new sentence: “It also includes the preparation of documents or forms in any format and the electronic transmission of documents, invoices, bills, or parts thereof, intended to be filed with the Customs Service in furtherance of such activities, whether or not signed or filed by the preparer, or activities relating to such preparation, but does not include the mere electronic transmission of data received for transmission to Customs.”;

12. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 648(2) · 107 Stat. 2057

    Amended · 19 U.S.C. § 1641(c)(1)

    Pub. L. 103–182, § 648(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Each person granted a customs broker’s license under subsection (b) of this section shall—

    Source evidence

    Code amendment note
    Subsec. (c)(1). Pub. L. 103–182, § 648(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “Each person granted a customs broker’s license under subsection (b) of this section shall—

    “(A) be issued a permit, in accordance with regulations prescribed under this section, for each customs district in which that person conducts customs business; and “(B) except as provided in paragraph (2), regularly employ in each customs district for which a permit is so issued at least one individual who is licensed under subsection (b)(2) of this section to exercise responsible supervision and control over the customs business conducted by that person in that district.”

    Enacted provision · exact public law section
    (2) by amending subsection (c)(1) to read as follows: “(1) In general.— Each person granted a customs broker’s Regulations. license under subsection (b) shall be issued, in accordance with such regulations as the Secretary shall prescribe, either or both of the following: “(A) A national permit for the conduct of such customs business as the Secretary prescribes by regulation. “(B) A permit for each customs district in which that person conducts customs business and, except as provided in paragraph (2), regularly employs at least 1 individual who is licensed under subsection (b)(2) to exercise respon-sible supervision and control over the customs business conducted by that person in that district.”;

13. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 648(3) · 107 Stat. 2057

    Added · 19 U.S.C. § 1641(c)(4)

    Pub. L. 103–182, § 648(3), added par. (4)

    Source evidence

    Code amendment note
    Subsec. (c)(4). Pub. L. 103–182, § 648(3), added par. (4).

    Enacted provision · exact public law section
    (3) by inserting at the end of subsection (c) the following new paragraph: “(4) Appointment of subagents.— Notwithstanding subsection (c)(1), upon the implementation by the Secretary under section 413(b)(2) of the component of the National Customs Automation Program referred to in section 411(a)(2)(B), a licensed broker may appoint another licensed broker holding a permit in a customs district to act on its behalf as its subagent in that district if such activity relates to the filing of information that is permitted by law or regulation to be filed electronically. A licensed broker appointing a subagent pursuant to this paragraph shall remain liable for any and all obligations arising under bond and any and all duties, taxes, and fees, as well as any other liabilities imposed by law, and shall be precluded from delegating to a subagent such liability.”;

14. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 648(4) · 107 Stat. 2057

    1. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “Customs Service” for “appropriate customs officer”, in third sentence

    2. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “Customs Service” for “appropriate customs officer” in sixth sentence

    3. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “it shall notify” for “he shall notify” in sixth sentence

    4. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “30” for “15” in sixth sentence

    5. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “the Customs Service and the customs broker; which” for “the appropriate customs officer and the customs broker; they”, in the seventh sentence

    6. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “the findings of fact” for “his findings of fact”, and in the eighth sentence

    7. Substituted · 19 U.S.C. § 1641(d)(2)(B)

       Pub. L. 103–182, § 648(4), in first sentence, substituted “for the decision” for “for his decision”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 103–182, § 648(4), in first sentence, substituted “Customs Service” for “appropriate customs officer”, in third sentence, substituted “Customs Service” for “appropriate customs officer”, “it shall notify” for “he shall notify”, and “30” for “15”, in sixth sentence, substituted “the Customs Service and the customs broker; which” for “the appropriate customs officer and the customs broker; they”, in the seventh sentence, substituted “the findings of fact” for “his findings of fact”, and in the eighth sentence, substituted “for the decision” for “for his decision”.

    Enacted provision · exact public law section
    (4) by amending subsection (d)(2)(B)— (A) by striking out “appropriate customs officer” and inserting “Customs Service” in the first and third sentences, (B) by striking out “he” and inserting “it” in the third sentence, (C) by striking out “15 days” and inserting “30 days” in the third sentence, (D) by striking out “the appropriate customs officer and the customs broker; they” and inserting “the Customs Service and the customs broker, which” in the sixth sentence, (E) by striking out “his” and inserting “the” in the seventh sentence, and (F) by striking out “for his decision” and inserting “for the decision” in the eighth sentence; and

15. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 648(5) · 107 Stat. 2057

    Substituted · 19 U.S.C. § 1641(f)

    Pub. L. 103–182, § 648(5), substituted “Customs Service. The Secretary may not prohibit customs brokers from limiting their liability to other persons in the conduct of customs business. For purposes of this subsection or any other provision of this Act pertaining to recordkeeping, all data required to be retained by a customs broker may be kept on microfilm, optical disc, magnetic tapes, disks or drums, video files or any other electrically generated medium. Pursuant to such regulations as the Secretary shall prescribe, the conversion of data to such storage medium may be accomplished at any time subsequent to the relevant customs transaction and the data may be retained in a centralized basis according to such broker’s business system.” for “United States Customs Service.”

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–182, § 648(5), substituted “Customs Service. The Secretary may not prohibit customs brokers from limiting their liability to other persons in the conduct of customs business. For purposes of this subsection or any other provision of this Act pertaining to recordkeeping, all data required to be retained by a customs broker may be kept on microfilm, optical disc, magnetic tapes, disks or drums, video files or any other electrically generated medium. Pursuant to such regulations as the Secretary shall prescribe, the conversion of data to such storage medium may be accomplished at any time subsequent to the relevant customs transaction and the data may be retained in a centralized basis according to such broker’s business system.” for “United States Customs Service.”

    Enacted provision · exact public law section
    (5) by amending subsection (f) by striking out “United States Customs Service.” and inserting “Customs Service. The Secretary may not prohibit customs brokers from limiting their liability to other persons in the conduct of customs business. For purposes of this subsection or any other provision of this Act pertaining to recordkeeping, all data required to be retained by a customs broker may be kept on microfilm, optical disc, magnetic tapes, disks or drums, video files or any other electrically Regulations. generated medium. Pursuant to such regulations as the Secretary shall prescribe, the conversion of data to such storage medium may be accomplished at any time subsequent to the relevant customs transaction and the data may be retained in a centralized basis according to such broker’s business system.”.

16. 1996

    Miscellaneous Trade and Technical Corrections Act of 1996

    Pub. L. 104–295 § 21(e)(11) · 110 Stat. 3514

    Substituted · 19 U.S.C. § 1641(d)(2)(B)

    Pub. L. 104–295 substituted “the findings of fact” for “his findings of fact” in penultimate sentence

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 104–295 substituted “the findings of fact” for “his findings of fact” in penultimate sentence.

    Enacted provision · exact public law section
    (11) Section 641(d)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1641(d)(2)(B)) is amended in the second to the last sentence by striking “his” and inserting “the”.

17. 1998

    Ocean Shipping Reform Act of 1998

    Pub. L. 105–258 title III § 302(b) · 112 Stat. 1902

    Struck · 19 U.S.C. § 1641(i)

    Pub. L. 105–258 struck out subsec. (i) which prohibited conference or group of two or more ocean common carriers from denying any member the right to take independent action on any level of compensation paid to an ocean freight forwarder who was also a customs broker, and from agreeing to limit payment to such a forwarder to less than 1.25 percent of aggregate of tariff rates and charges, and set out provisions relating to administration of provisions, remedies for violations, and definitions

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 105–258 struck out subsec. (i) which prohibited conference or group of two or more ocean common carriers from denying any member the right to take independent action on any level of compensation paid to an ocean freight forwarder who was also a customs broker, and from agreeing to limit payment to such a forwarder to less than 1.25 percent of aggregate of tariff rates and charges, and set out provisions relating to administration of provisions, remedies for violations, and definitions.

    Enacted provision · exact public law section
    (b) Tariff Act of 1930.— Section 641(i) of the Tariff Act of 1930 (19 U.S.C. 1641) is repealed.

    Effective date note
    Pub. L. 105–258, § 2, Oct. 14, 1998, 112 Stat. 1902, provided that: “Except as otherwise expressly provided in this Act [see Tables for classification], this Act and the amendments made by this Act take effect May 1, 1999.”

18. 2016

    Trade Facilitation and Trade Enforcement Act of 2015

    Pub. L. 114–125 § 903(b)(1) · 130 Stat. 122

    Substituted · 19 U.S.C. § 1641

    Pub. L. 114–125, § 903(b)(1), substituted “U.S. Customs and Border Protection” for “the Customs Service” wherever appearing

    Source evidence

    Code amendment note
    Pub. L. 114–125, § 903(b)(1), substituted “U.S. Customs and Border Protection” for “the Customs Service” wherever appearing.

    Enacted provision · exact public law section
    (1) by striking “the Customs Service” each place it appears and inserting “U.S. Customs and Border Protection”;

19. 2016

    Trade Facilitation and Trade Enforcement Act of 2015

    Pub. L. 114–125 § 903(a) · 130 Stat. 122

    Added · 19 U.S.C. § 1641(d)(1)(G)

    Pub. L. 114–125, § 903(a), added subpar. (G)

    Source evidence

    Code amendment note
    Subsec. (d)(1)(G). Pub. L. 114–125, § 903(a), added subpar. (G).

    Enacted provision · exact public law section
    (a) In General.— Section 641(d)(1) of the Tariff Act of 1930 (19 U.S.C. 1641(d)(1)) is amended— (1) in subparagraph (E), by striking “; or” and inserting a semicolon; (2) in subparagraph (F), by striking the period and inserting “; or”; and (3) by adding at the end the following: “(G) has been convicted of committing or conspiring to commit an act of terrorism described in section 2332b of title 18, United States Code.” .

20. 2016

    Trade Facilitation and Trade Enforcement Act of 2015

    Pub. L. 114–125 § 903(b)(2) · 130 Stat. 122

    Substituted · 19 U.S.C. § 1641(d)(2)(B)

    Pub. L. 114–125, § 903(b)(2), substituted “U.S. Customs and Border Protection” for “The Customs Service”

    Source evidence

    Code amendment note
    Subsec. (d)(2)(B). Pub. L. 114–125, § 903(b)(2), substituted “U.S. Customs and Border Protection” for “The Customs Service”.

    Enacted provision · exact public law section
    (2) in subsection (d)(2)(B), by striking “The Customs Service” and inserting “U.S. Customs and Border Protection”; and

21. 2016

    Trade Facilitation and Trade Enforcement Act of 2015

    Pub. L. 114–125 § 903(b)(3) · 130 Stat. 122

    Substituted · 19 U.S.C. § 1641(g)(2)(B)

    Pub. L. 114–125, § 903(b)(3), substituted “notice under subparagraph (A)” for “Secretary’s notice”

    Source evidence

    Code amendment note
    Subsec. (g)(2)(B). Pub. L. 114–125, § 903(b)(3), substituted “notice under subparagraph (A)” for “Secretary’s notice”.

    Enacted provision · exact public law section
    (3) in subsection (g)(2)(B), by striking “Secretary’s notice” and inserting “notice under subparagraph (A)”.

22. 2016

    Trade Facilitation and Trade Enforcement Act of 2015

    Pub. L. 114–125 § 116(a) · 130 Stat. 122

    Added · 19 U.S.C. § 1641(i)

    Pub. L. 114–125, § 116(a), added subsec. (i)

    Source evidence

    Code amendment note
    Subsec. (i). Pub. L. 114–125, § 116(a), added subsec. (i).

    Enacted provision · exact public law section
    (a) In General.— Section 641 of the Tariff Act of 1930 (19 U.S.C. 1641) is amended by adding at the end the following: “(i) Identification of Importers.— “(1) In general.— The Secretary shall prescribe regulations setting forth the minimum standards for customs brokers and importers, including nonresident importers, regarding the identity of the importer that shall apply in connection with the importation of merchandise into the United States. “(2) Minimum requirements.— The regulations required under paragraph (1) shall, at a minimum— “(A) identify the information that an importer, including a nonresident importer, is required to submit to a broker and that a broker is required to collect in order to verify the identity of the importer; “(B) identify reasonable procedures that a broker is required to follow in order to verify the authenticity of information collected from an importer; and “(C) require a broker to maintain records of the information collected by the broker to verify the identity of an importer. “(3) Penalties.— Any customs broker who fails to collect information required under the regulations prescribed under this subsection shall be liable to the United States, at the discretion of the Secretary, for a monetary penalty not to exceed $10,000 for each violation of those regulations and shall be subject to revocation or suspension of a license or permit of the customs broker pursuant to the procedures set forth in subsection (d). This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2)(A). “(4) Definitions.— In this subsection: “(A) Importer.— The term ‘importer’ means one of the parties qualifying as an importer of record under section 484(a)(2)(B). “(B) Nonresident importer.— The term ‘nonresident importer’ means an importer who is— “(i) an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or “(ii) a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.” .

28 of 32 references resolved to an enrolled provision · 1 partial · 3 unresolved