Customs Bill Strengthens Trade Enforcement

On February 11, 2016, the Senate passed the Trade Facilitation and Trade Enforcement Act of 2015 (H.R. 644) by a 75-20 vote. After passing the House of Representatives in December 2015, Senate action was delayed after a measure permanently extending the ban on Internet access taxes was added to the conference report. Late last week, the Senate accepted the conference agreement and passed the bill. President Obama is expected to sign the final bill into law, so it is important for businesses engaged in international trade to understand these provisions and begin planning to maximize opportunities and minimize risks associated with these impending changes.

The act is comprehensive and wide-ranging. Notably, the act formally authorizes and funds U.S. Customs and Border Protection (CBP) within the Department of Homeland Security (DHS), which has been operating without direct authorization since DHS's creation in 2003. Key provisions of the act are designed to