Sec. 301. Requirements for regulations relating to data collection for trade enforcement and facilitation
549 words·~2 min read·
/bill/119/s/956/is/section-301·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In developing and imposing regulations requiring the collection of additional information for the purposes of trade enforcement and facilitation, each official described in subsection
(b)shall adhere to the following: The official shall solicit comments from and consult with a broad range of parties likely to be affected by the regulations, including importers, exporters, carriers, customs brokers, platforms, and freight forwarders, and other interested parties. In general, the requirement to provide particular information shall be imposed on parties with direct knowledge of that information, as appropriate. Where requiring information from a party with direct knowledge of that information is not practicable, the regulations shall take into account how, under ordinary and reasonable commercial practices, information is acquired by a party on which the requirement is imposed, and whether and how such party is reasonably able to verify the information. Where information is not reasonably verifiable by a party on which a requirement is imposed, the regulations shall permit that party to transmit information on the basis of what the party reasonably believes to be true based on commercially reasonable practices. The official shall take into account the existence of competitive relationships among the parties on which requirements to provide particular information are imposed. Where the regulations impose requirements on carriers of cargo, the regulations shall take into account differences among different modes of transportation, including differences in commercial practices, operational characteristics, and technological capacity to collect and transmit information electronically. The regulations shall take into account the extent to which the technology necessary for parties to transmit and U.S. Customs and Border Protection to receive and analyze data in a timely fashion is available. To the extent the official determines that the necessary technology will not be widely available to particular modes of transportation or other affected parties until after promulgation of the regulations, the regulations shall— provide interim requirements appropriate for the technology that is available at the time of promulgation; or other accommodations. In determining the timing for transmittal of any information, the official shall balance likely impact on flow of commerce with impact on trade enforcement. With respect to requirements that may be imposed on carriers of cargo, the timing for transmittal of information shall take into account differences among different modes of transportation, as described in paragraph (4). Where practicable, the regulations shall avoid imposing requirements that are redundant with one another or that are redundant with requirements in other provisions of law. The official shall determine whether it is appropriate to provide transition periods between promulgation of the regulations and the effective date of the regulations and shall prescribe such transition periods in the regulations, as appropriate, taking into account different business models. The official shall, in collaboration with the Commissioner of U.S. Customs and Border Protection and the Postmaster General, prescribe regulations requiring the United States Postal Service to transmit the information described in this subsection to the Commissioner of U.S. Customs and Border Protection for international mail shipments by the Postal Service (including shipments to the Postal Service from foreign postal operators that are transported by private carrier). The officials described in this subsection are— the Secretary of the Treasury; the Secretary of Homeland Security; and the head of each agency represented on the Border Interagency Executive Council established by section 101.