Bloomberg: Submitting a Prior Disclosure to CBP
Diaz Trade Law is enthusiastic to announce Bloomberg Law published another one of our articles, “Submitting a Prior Disclosure to Customs & Border Protection“! Below is the article reproduced with permission for your reading pleasure. You can also read the article here.
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All parties involved in the importation of merchandise into the US, such as importers, customs brokers, exporters, shippers, and foreign suppliers and manufacturers, can file a Prior Disclosure (PD) with Customs and Border Protection (CBP) to proactively disclose certain false statements, acts, or omissions in violation of 19 U.S.C. § 1592. By doing so, these parties may benefit from reduced penalties as a result of the PD filing. However, if CBP, Immigration and Customs Enforcement (ICE), or Homeland Security Investigations (HSI) first discovers the violation and notifies the party, the party no longer has a right to file a PD.
This article provides the background of CBP PDs, explains CBP’s new extension requirements, and identifies best practices to optimize your PD filing process.
Enforcement Background
CBP is an agency of the Department of Homeland Security that is responsible for protecting the American people, safeguarding US borders, and enhancing economic prosperity. Among many objectives, CBP’s mission priorities are to facilitate lawful trade, safeguard US interests by preventing unlawful trade, and protect revenue.
CBP is chiefly responsible for enforcing 19 U.S.C. § 1592, a statute under which CBP can assess monetary penalties against persons who make material false statements, acts, or omissions in connection […]
