19 U.S.C. § 4311

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)

Section 4311 - Improving partnership programs

(a) In general

In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before February 24, 2016, such as the Customs-Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), and partnership programs of U.S. Customs and Border Protection established on or after February 24, 2016, provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the Commissioner under this section.

(b) Elements

In developing and operating partnership programs under subsection (a), the Commissioner shall-

(1) consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;

(2) ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;

(3) consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade benefits provided to participants in such programs, and enhance the allocation of the resources of U.S. Customs and Border Protection;

(4) coordinate with the Director of U.S. Immigration and Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United States-

(A) to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System established under section 1411(d) of this title;

(B) to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;

(C) to develop criteria for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States; and

(D) to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States to receive immediate clearance absent information that a transaction may pose a national security or compliance threat; and

(5) ensure that trade benefits are provided to participants in partnership programs.

(c) Report required

Not later than the date that is 180 days after February 24, 2016, and not later than December 31 of each calendar year thereafter, the Commissioner shall submit to the appropriate congressional committees a report that-

(1) identifies each partnership program referred to in subsection (a);

(2) for each such program, identifies-

(A) the requirements for participants in the program;

(B) the commercially significant and measurable trade benefits provided to participants in the program;

(C) the number of participants in the program; and

(D) in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;

(3) identifies the number of participants enrolled in more than one such partnership program;

(4) assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program;

(5) summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to detain and release merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border Protection;

(6) summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States;

(7) summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs;

(8) describes measures taken by U.S. Customs and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and

(9) summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report.

19 U.S.C. § 4311

Pub. L. 114-125, title I, §101, Feb. 24, 2016, 130 Stat. 127.

EDITORIAL NOTES

REFERENCES IN TEXTThe Security and Accountability for Every Port Act of 2006, referred to in subsec. (a), is Pub. L. 109-347, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified generally to part B (§961 et seq.) of subchapter II of chapter 3 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 901 of Title 6 and Tables.

Automated Commercial Environment: The term "Automated Commercial Environment" means the Automated Commercial Environment computer system authorized under section 58c(f)(4) of this title.
Commissioner: The term "Commissioner" means the Commissioner of U.S. Customs and Border Protection, as described in section 211(b) of title 6.
customs and trade laws of the United States: The term "customs and trade laws of the United States" includes the following:(A) The Tariff Act of 1930 (19 U.S.C. 1202 et seq.).(B) Section 3 of this title.(C) Section 6 of this title.(D) The Act of March 3, 1927 (44 Stat. 1381, chapter 348; 19 U.S.C. 2071 et seq.).(E) Section 58c of this title.(F) Section 66 of this title.(G) Section 68 of this title.(H) The Act of June 18, 1934 (48 Stat. 998, chapter 590; 19 U.S.C. 81a et seq.; commonly known as the "Foreign Trade Zones Act").(I) Section 198 of this title.(J) The Trade Act of 1974 (19 U.S.C. 2101 et seq.).(K) The Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.).(L) The North American Free Trade Agreement Implementation Act (19 U.S.C. 3301 et seq.).1(M) The Uruguay Round Agreements Act (19 U.S.C. 3501 et seq.).(N) The Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.).(O) The Andean Trade Preference Act (19 U.S.C. 3201 et seq.).(P) The African Growth and Opportunity Act (19 U.S.C. 3701 et seq.).(Q) The Customs Enforcement Act of 1986 (Public Law 99-570; 100 Stat. 3207-79).(R) The Customs and Trade Act of 1990 (Public Law 101-382; 104 Stat. 629).(S) The Customs Procedural Reform and Simplification Act of 1978 (Public Law 95-410; 92 Stat. 888).(T) The Trade Act of 2002 (Public Law 107-210; 116 Stat. 933).(U) The Convention on Cultural Property Implementation Act (19 U.S.C. 2601 et seq.).(V) The Act of March 28, 1928 (45 Stat. 374, chapter 266; 19 U.S.C. 2077 et seq.).(W) The Act of August 7, 1939 (53 Stat. 1262, chapter 566).(X) The Bipartisan Congressional Trade Priorities and Accountability Act of 2015 (Public Law 114-26; 19 U.S.C. 4201 et seq.).(Y) The Trade Preferences Extension Act of 2015 (Public Law 114-27; 129 Stat. 362).(Z) Any other provision of law implementing a trade agreement.(AA) Any other provision of law vesting customs revenue functions in the Secretary of the Treasury.(BB) Any other provision of law relating to trade facilitation or trade enforcement that is administered by U.S. Customs and Border Protection on behalf of any Federal agency that is required to participate in the International Trade Data System established under section 411(d) of the Tariff Act of 1930 (19 U.S.C. 1411(d)) .(CC) Any other provision of customs or trade law administered by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
trade enforcement: The term "trade enforcement" means the enforcement of the customs and trade laws of the United States.
trade facilitation: The term "trade facilitation" refers to policies and activities of U.S. Customs and Border Protection with respect to facilitating the movement of merchandise into and out of the United States in a manner that complies with the customs and trade laws of the United States.1 See References in Text note below.