CBP Should Collaborate With Stakeholders, Reduce Data Requirements in Electronic Export Manifest, COAC Says

As CBP prepares to transition to a paperless export manifest system by the end of the year (see 1910180061), the agency should work with stakeholders to ensure “all critical control points are functional,” COAC said. This includes testing the data, assessing the “impact of the changes to process,” and work with industry on how the regulations can be “developed and changed where necessary,” COAC said. All regulatory changes and policy guidelines should be “clear and concise” for regulators, trade users and enforcement bodies before the system launches, COAC added.

The data elements for Electronic Export Information and Manifest filing should be “mapped” to define the owners of the data, including those who are responsible for the data and those who may be doing the filing, COAC said. Mapping should include “defining which government agency requires each of the data elements,” which will show who is using the data and its significance. “By doing so, consider eliminating redundant and/or unnecessary data requirements and soliciting data only from the most accurate source of the data to achieve more accurate filings.” COAC said.

Lastly, COAC recommended that CBP work with the Census Bureau to revise the Foreign Trade Regulations and to align CBP’s “enforcement policy and mitigation guidelines” to take into account “unintended consequences” of the “enforcement environment” of EEI and manifest data. The enforcement measures often hinder collection of “accurate data,” COAC said. Revising the regulations will “promote accurate data reporting, effectively manage risk in the EEI and manifest transaction, and ensure uniformity among US ports of export.”

Since COAC’s last public meeting in August, the Export Modernization Working Group has met seven times, partly to discuss “parking ticket” penalties sometimes issued to entities involved in export transactions, COAC’s Secure Trade Lanes Subcommittee said in a December report. These penalties are “often characterized as unavoidable by the compliant filer,” the report said. CBP plans to eliminate these violations as part of the rollout of electronic export manifest (see 1909240034).

During its meetings, the EMWG also focused on a project that involves “analyzing all data elements from the Electronic Export Information and export manifest filings,” the report said. The analysis includes defining the owner of the information, those who are responsible for the information, those that could file the information and verifying whether Census, CBP or other government agencies require the data. “We anticipate this project will show duplicate requirements of the same data elements and the accountability of accuracy not falling on the primary source of the information,” COAC said. After the EMWG completes this project, it will resume addressing concerns surrounding the parking ticket penalties “and be in the best position to offer well informed and collaborative recommendations on how to most effectively enforce regulations and manage risk at the port of export.”

EMWG also outlined “focus areas” for future meetings, including data element mapping of the EEI and Export Manifest filing and helping CBP develop “regulation change” to mandate the use of electronic export manifest for “all modes.” The working group also plans to work with CBP to implement the requirements for post-departure filing “enhancements and expansion to new participants,” the report said, and help CBP develop an updated “CBP Export Strategy” focusing on 21st century procedures.