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ARTICLE · 16 NOVEMBER 2022

U.S. Customs "Offers In Compromise" May Limit Exposure

Benesch, Friedlander, Coplan & Aronoff LLP
Benesch, Friedlander, Coplan & Aronoff LLP
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Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience.

United StatesInternational Law
Jonathan R. Todd
Jonathan R. Todd
Robert Naumoff
Robert Naumoff
Abby Riffee
Abby Riffee
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Enforcement actions by U.S. Customs and Border Protection (CBP) are increasingly more intensive and less lenient than in the past based on our experience. It is not uncommon in today's regulatory enforcement landscape for otherwise diligent industry operators to find themselves on the wrong side of a CBP case. Those enforcement actions often involve actual or potential amounts owed including for liquidated damages and unpaid duties. Offers in Compromise (OICs) are one tool in the toolbox when planning a successful strategy for responding to CBP enforcement actions.

A Primer on CBP Offers in Compromise

The statutory basis for OICs is found in Section 617 of the Tariff Act of 1930 (19 USC § 1617), which permits the Secretary of the Treasury or its designee to compromise on any claim arising under customs laws. Decisions are based on recommendations from the General Counsel for the Department of the Treasury (or its designee, the Office of Chief Counsel of

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