NCBFAA Says Brokers, Forwarders Likely to Be Exempted From Shelter-in-Place Orders
As more local shelter-in-place orders are issued in response to the COVID-19 pandemic, brokers and forwarders should examine each order to determine whether their services are exempt, the National Customs Brokers & Forwarders Association of America said in an email. “However, based upon the Order to Shelter in Place issued by the Public Health Officer of Alameda County, California two days ago, it would seem that the activities of forwarders and customs brokers would fall within the exemption provided, as those activities are essential to keep goods moving in commerce,” it said. Exempted services include “shipping services, companies that supply other essential businesses with supplies necessary to operate or that ship goods or services to residences, and companies that are engaged in public transportation,” it said.
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It seems unlikely that forwarder and broker services would be restricted in other locations, the association said. “Indeed, given the current economic situation, it would be hard to imagine any government official taking the position that although the ports are open, intermediaries are somehow not permitted to facilitate the movement of goods into or out of the ports or warehouses to customers,” the NCBFAA said. “In our view, accordingly, while we don't have similar orders for other states or regions at this point, we believe that forwarders and customs brokers (and other intermediaries, as well as carriers) would be permitted to provide forwarding and customs broker services to the extent necessary to keep goods moving in commerce.” Even so, interpersonal contact should be avoided, it said.