DHS Issues its Regulatory Agenda for CBP, ISF Final Rule and Amendments Planned for 2014
The Department of Homeland Security (DHS) published its fall 2013 regulatory agenda for CBP, which lists no new trade-related rulemakings. A Jan. 7 Federal Register noticementions two CBP agenda items "likely to have a significant economic impact on a substantial number of small entities.” Those items are a final rules on Importer Security Filing (ISF) and a Guam visa waiver program (here).
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(The agenda lists DHS’ CBP rulemakings that are pending at the proposed, interim final, final, and completed stages, as well as rulemakings that are long-term actions. The agenda lists the regulation title; past regulation(s), if any; the timeframe for the next regulatory action(s), if any; a brief description of the regulation; and a contact party name and telephone number. The Treasury Department has a different semi-annual regulatory agenda for CBP. See future issue of ITT for this list.)
Fall Agenda Includes No New Trade Rulemakings
According to the agenda, CBP is planning to issue a final rule on ISF requirements and a proposed rule on amendments to ISF requirements. This proposed rule is meant to increase the accuracy and reliability of the advance information submitted as part of ISF, said CBP. Both were listed as agenda items in last year's edition (see 13010330). CBP began increased enforcement, including liquidated damages, of ISF rules over the summer (see 13060712). The program is now operating under an interim final rule.
ISF regulations require carriers and importers to provide to CBP, via a CBP-approved electronic data interchange system, information necessary to enable CBP to identify high-risk shipments to prevent smuggling and ensure cargo safety and security. Importers and carriers must submit specified information before the cargo is brought into the United States by vessel in accordance with specified time frames.
Agenda Highlights
Highlights of DHS' CBP rulemakings that are at the proposed, final, or completed stages, are below. New items are marked with an asterisk (*).
| Regulation Title | Target Date |
|---|---|
| Proposed Rule | |
| Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency | 01/14 |
| Amendments to Importer Security Filing and Additional Carrier Requirements | 02/14 |
| *Small Vessel Reporting System | 02/14 |
| *Nonimmigrant Classes: Temporary Visitors to the United States for Business or Pleasure | 07/14 |
| *Waiver of Passport and Visa Requirements Due to an Unforeseen Emergency | 01/14 |
| Final Rule | |
| Importer Security Filing and Additional Carrier Requirements | 08/14 |
| Changes to the Visa Waiver Program to Implement the Electronic System for Travel Authorization (ESTA) Program | 01/14 |
| Implementation of the Guam-CNMI Visa Waiver Program | 06/14 |
| Clarification of Countries and Geographic Areas Eligible for Participation in the Guam-Commonwealth of the Northern Mariana Islands Visa Waiver Program | 06/14 |
| Electronic System for Travel Authorization (ESTA): Fee for Use of the System | 01/14 |
| Exemption From Entry Requirements for Certain Department of Defense Vessels and Aircraft | 02/14 |
| *The U.S. Asia-Pacific Economic Cooperation Business Travel Card Program | 12/13 |
| Definition of Form I-94 to Include Electronic Format | 10/14 |