LCB Continuing Education Guidelines Expected to Be Released by Year's End: Sources

Sources said CBP is likely to unveil the educational requirements before the year ends.

As they wait, partnering accreditors who are involved in setting the standards urged LCBs not to stress about being able to fulfill the requirements, which are likely to be prorated for this current triennial period that will end in January 2027.

“Licensed customs brokers shouldn't panic about this. I think CBP is very aware that there’s anxiety,” said Marianne Rowden, CEO of the E-Merchants Trading Council, an Arlington, Virginia-based firm that is one of five partner accreditors designated by CBP to approve and offer continuing education programs for LCBs.

EMTC and four other partner accreditors -- Sandler Travis & Rosenberg, the National Customs Brokers & Forwarders Association of America's Educational Institute, International Compliance Professionals Association and TrüTrade Solutions (see 2406270047) -- have been meeting regularly this summer to hash out details that would enable a successful implementation of the new requirements.

The agency released its final rule recommending modifications to the continuing education program for brokers in June 2023 (see 2306220036). When the rule’s implementation guidelines are published in the Federal Register, it will include a date when the guidelines become effective.

“CBP is meeting regularly with the five selected accreditors. We continue to collaboratively work on the details of implementation,” said Cynthia Whittenburg, executive vice president of the NCBFAA Educational Institute.

CBP is “very deliberate in the rollout of the program. We anticipate that there will be plenty of courses, and they are aware of the financial impact. Licensed customs brokers will be able to take courses from a wide variety of education providers and a wide variety of formats, both in person and virtual,” Rowden said.

One concern that LCBs may have, according to sources interviewed for this story, is whether the classes, workshops or panels they attend now can apply as credits for this triennial period.

While CBP’s final requirements have yet to be released -- meaning that everything is still subject to change -- it’s likely that the coursework that LCBs take now won't apply because the coursework was taken before the requirements were published in the Federal Register and fully implemented.

Another concern from the trade has been how CBP and the partner accreditors will determine what coursework will count toward continuing education credits, as well as how LCBs will keep track of their continuing education credits.

CBP and accrediting agencies are working on this now, according to sources, and CBP may continue to review this issue as the agency collects and monitors LCBs’ responses to the requirements as well as what coursework the accreditors approve and reject.

For instance, coursework involving trade agreements where the U.S. has a presence may count, but coursework involving other trade agreements may not count. However, one question is whether there is any benefit for LCBs to learn about trade agreements outside the U.S., since those external actions might influence trade patterns.

Still another issue debated was whether any coursework should be mandatory, which is a condition that can be placed upon some occupational fields that require accreditation. Additional issues discussed were the standardizing and harmonizing selection criteria and ensuring that accreditors avoid conflicts of interest when accrediting coursework.

Those involved in these requirements are leaning upon the criteria established in the final rule, including provisions in the current federal regulatory code as well as Part 111, which governs the guidelines for continuing education.

Whatever the final guidelines look like, sources said LCBs should use this opportunity to prevent becoming stagnant in the customs field, which is especially key nowadays because of the quickly evolving landscape of global trade.

“It’s an exciting time for the trade. It’s exciting for CBP to finally have this up and almost running after how many years of trying to get it on the road,” said Paula Connelly, with Sandler Travis & Rosenberg. Conley has been involved with this initiative since 2019 when CBP was working to produce a proposed notice for the modifications to the customs broker education program.

“I think brokers will find that it is not problematic and that it’s actually, in some ways, good. The licensed customs broker is a profession, and it should be recognized that customs brokers are experts in trade-related matters,” Connelley said.