Sec. 116. CUSTOMS BROKER IDENTIFICATION OF IMPORTERS
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## SEC. 116 CUSTOMS BROKER IDENTIFICATION OF IMPORTERS ###
(a)In general Section 641 of the Tariff Act of 1930 (19 U.S.C. 1641) is amended by adding at the end the following: > > ### “(i) Identification of Importers > > > #### “(1) In general > > The Secretary shall prescribe regulations setting forth the minimum standards for customs brokers and importers, including nonresident importers, regarding the identity of the importer that shall apply in connection with the importation of merchandise into the United States. > > > #### “(2) Minimum requirements > > The regulations required under paragraph
(1)shall, at a minimum— > > > ##### “(A) > > identify the information that an importer, including a nonresident importer, is required to submit to a broker and that a broker is required to collect in order to verify the identity of the importer; > > > ##### “(B) > > identify reasonable procedures that a broker is required to follow in order to verify the authenticity of information collected from an importer; and > > > ##### “(C) > > require a broker to maintain records of the information collected by the broker to verify the identity of an importer. > > > #### “(3) Penalties > > Any customs broker who fails to collect information required under the regulations prescribed under this subsection shall be liable to the United States, at the discretion of the Secretary, for a monetary penalty not to exceed $10,000 for each violation of those regulations and shall be subject to revocation or suspension of a license or permit of the customs broker pursuant to the procedures set forth in subsection (d). This penalty shall be assessed in the same manner and under the same procedures as the monetary penalties provided for in subsection (d)(2)(A). > > > #### “(4) Definitions > > In this subsection: > > > ##### “(A) Importer > > The term ‘importer’ means one of the parties qualifying as an importer of record under section 484(a)(2)(B). > > > ##### “(B) Nonresident importer > > The term ‘nonresident importer’ means an importer who is— > > > ###### “(i) > > an individual who is not a citizen of the United States or an alien lawfully admitted for permanent residence in the United States; or > > > ###### “(ii) > > a partnership, corporation, or other commercial entity that is not organized under the laws of a jurisdiction within the customs territory of the United States (as such term is defined in General Note 2 of the Harmonized Tariff Schedule of the United States) or in the Virgin Islands of the United States.” > . ###
(b)Study and Report Required Not later than the date that is 180 days after the date of the enactment of this Act, the Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report containing recommendations for— ####
(1)determining the most timely and effective way to require foreign nationals to provide customs brokers with appropriate and accurate information, comparable to that which is required of United States nationals, concerning the identity, address, and other related information relating to such foreign nationals necessary to enable customs brokers to comply with the requirements of section 641(i) of the Tariff Act of 1930 (as added by subsection
(a)of this section); and ####
(2)establishing a system for customs brokers to review information maintained by relevant Federal agencies for purposes of verifying the identities of importers, including nonresident importers, seeking to import merchandise into the United States.
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Sec. 116
CUSTOMS BROKER IDENTIFICATION OF IMPORTERS
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