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Customs: A Closer Look
The stated mission of CBP is to prevent terrorists and terrorist weapons from entering the U.S., while facilitating the flow of legitimate trade and travel. Let's take a closer look at US Customs, why it was needed in the first place, and how its role has developed over time.
According to the Customs website, "the First Congress passed and President George Washington signed the Tariff Act of July 4, 1789, which authorized the collection of duties on imported goods. It was called 'the second Declaration of Independence' by the news media of that era. Four weeks later, on July 31, the fifth act of Congress established Customs and its ports of entry. For nearly 125 years, Customs funded virtually the entire government, and paid for the nation's early growth and infrastructure."
Collection of revenue has not been Customs only job; soon, Customs was called on to enforce trade embargos and other trade bans (like the ban on importing slaves that was passed in 1808). Customs enforced various tariff acts that were enacted to protected domestic industry by assessing high duties on the importation of manufactured goods. To better evaluate the ever more complex imports that these laws created, the position of appraiser of merchandise was introduced.
By the mid 19th century, Customs created a corps of special agents to investigate smuggling and other criminal activities. Beginning in the 1880s and lasting until the Immigration and Naturalization Service was created, Customs was responsible for the enforcement of immigration laws. In the early 20th century, Customs began the War on Drugs and assisted in the enforcement of Prohibition. The protection of IPR (intellectual property rights) has become a focus of Customs.
Customs, by regulation, is allowed to enforce the rules and regulations for any other governmental agency that participates in the importation/exportation process. This is the reason for the close relationships between Customs and other participatory governmental agencies including the FDA, FCC, EPA, and DOT, to name a few.
In the 1970s, Customs began its involvement with the I.T. revolution and with the prevention of various types of cyber crime. With the passage of the Mod Act in 1993, Customs had "achieved the consensus needed to push the transition from paper to technology through Congress." This mandated updating all of Customs systems and processes, and will eventually link Customs systems electronically with all internationally participating governmental agencies.
Customs has been mandated to protect the US borders at all times, especially during wartime. This responsibility includes preventing foreign agents and terrorists from entering into and/or causing damage within the United States. Also, Customs has placed restrictions on the exportation of sensitive information, technology, and merchandise with the intent of preventing it from reaching entities whose aim is to harm the US or its allies. During the last decade, Customs has placed even greater focus onto its anti-terrorism initiatives.
Currently, CBP is also focusing resources on seven designated Priority Trade Issues (PTIs). PTI's are defined as "high-risk areas that can cause significant revenue loss, hurt the U.S. economy, or threaten the health and safety of the American people. PTIs form the core of the risk management approach outlined in the CBP Trade Strategy. They drive the investment of CBP resources and enforcement and facilitation efforts, including the selection of audit candidates, special enforcement operations, policy issuance, outreach and legislative and regulatory initiatives."
In alphabetical order, the Priority Trade Issues are as follows:
- Agriculture
- Antidumping and Countervailing Duties (ADCVD)
- Import Safety
- Intellectual Property Rights
- Penalties
- Revenue
- Textiles
Customs/CBP is rightfully proud of its past accomplishments, and its current initiatives can only promise a great future for this important partner of the trade community.
If you have any questions or comments regarding the Compliance eNewsletter,
please contact Paul Codere from the Customs Brokerage Department. |
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