[Federal Register Volume 77, Number 58 (Monday, March 26, 2012)]
[Proposed Rules]
[Page 17367]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-7223]
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DEPARTMENT OF HOMELAND SECURITY
U.S. Customs and Border Protection
19 CFR Part 111
[USCBP-2010-0038]
RIN 1651-AA80
Permissible Sharing of Client Records by Customs Brokers
AGENCY: U.S. Customs and Border Protection, Department of Homeland
Security.
ACTION: Withdrawal of notice of proposed rulemaking.
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SUMMARY: This document withdraws a notice of proposed rulemaking,
published in the Federal Register on October 27, 2010, that proposed
amendments to the Customs and Border Protection (CBP) regulations that
would allow brokers, upon the client's consent in a written
authorization, to share client information with affiliated entities
related to the broker so that these entities may offer non-customs
business services to the broker's clients. Although the proposed rule
was prepared in response to a request from a member of the broker
community seeking to allow brokers to share clients' information for
marketing purposes, there was opposition to the proposal from brokers
due to the condition on sharing the information that CBP included in
the document to protect importers' proprietary information. The notice
is being withdrawn to permit further consideration of the relevant
issues involved in the proposed rulemaking.
DATES: Effective March 26, 2012, the proposed rule published October
27, 2010, (75 FR 66050), is withdrawn.
FOR FURTHER INFORMATION CONTACT: Anita Harris, Chief, Broker Compliance
Branch, Trade Policy and Programs, Office of International Trade, (202)
863-6069.
SUPPLEMENTARY INFORMATION:
Background
On October 27, 2010, Customs and Border Protection (CBP) published
a notice of proposed rulemaking in the Federal Register (75 FR 66050)
pertaining to the obligations of customs brokers to keep clients'
information confidential. The proposed amendment would allow brokers,
upon the client's written consent, to share client information with
affiliated entities related to the broker so that these entities may
offer non-customs business services to the broker's clients. The
proposed amendment would also allow customs brokers to use a third-
party to perform photocopying, scanning, and delivery of client records
for the broker. These proposed changes were intended to update the
regulations to reflect modern business practices, while protecting the
confidentiality of client (importer) information. The comment period
ended on December 27, 2010.
CBP received public comment on the proposed rulemaking. The
majority of commenters expressed concern that the proposed rule did not
serve the interests of the importing public. Specifically, there was
opposition to the proposal from brokers due to the condition on sharing
the information that CBP included in the document to protect importers'
proprietary information.
Withdrawal of Notice of Proposed Rulemaking
CBP is withdrawing the notice published in the Federal Register (75
FR 66050) on October 27, 2010, pending further consideration of the
relevant issues involved in the proposed rulemaking.
Dated: March 21, 2012.
David V. Aguilar,
Acting Commissioner, U.S. Customs and Border Protection.
[FR Doc. 2012-7223 Filed 3-23-12; 8:45 am]
BILLING CODE 9111-14-P