2013 April No.80 – Broker Compliance


Miguel Servet took the Customs broker license exam in April 2010, at the port of Miami, and subsequently obtained his license through the port of Chicago in October 2011. One month later, Miguel was hired by Zwingli Customs Brokers (“Zwingli”), a national company employing 79 brokers. Zwingli possesses a corporate broker license. On August 12, 2012, while perusing old Federal Register notices, Miguel realizes that Zwingli did not file Miguel’s triennially-due status report nor pay the associated fee (“triennial”). Miguel is determined to continue his career as a licensed broker. Considering such, which of the below is the most appropriate course of action that Miguel should take?

A. Request that Zwingli submit a post-triennial filing with CBP, as Zwingli was the responsible party for filing purposes.

B. Contact the port of Chicago directly, not through Zwingli, to submit a post-triennial filing.

C. Submit a well-formed appeal to CBP headquarters in Washington, D.C., within the appeal timeframe, citing third party liability; submit a copy of the appeal to the licensing port.

D. Upon opening of registration, register to take the next given Customs broker license exam.

E. Nothing; Miguel may continue to transact Customs business as normal. Since the Zwingli corporate license triennial covers all licensed employees performing Customs work within the normal course of business, no separate individual triennial must be filed.

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The Answer is: D

Citation: 19 CFR 111.30(d)(4)

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