Prior Disclosure of Import Violations to US Customs and Border Protection: Steps to Reduce Risks and Avoid Penalties

Duration: 60 Minutes
This webinar will analyze U.S Customs Prior Disclosure. It will objectively evaluate customs errors and mistakes and define the pros and cons of disclosing to customs. Prior disclosures are the means by which importers may report violations of customs laws and in almost all cases avoid the imposition of monetary penalties, with the exception of the interest on the duties and fees which should have been paid at the time of interest. Further the speaker will demonstrate the consequences of disclosure or non-disclosure and remedial measures.
Disclosure of Import Violations to US Customs and Border Protection
Product ID: 508364
Objectives of the Presentation
  • Objective evaluation of customs errors and mistakes
  • Identifying if a violation has occurred
  • Pros and cons of disclosing to customs
  • Consequences of disclosure or non-disclosure
  • Remedial measures
Why Should you Attend
Importers frequently discover that they have entered merchandise through customs that have errors. Sometimes these errors have a revenue consequence and some do not. Customs brokerage companies are commonly asked to prepare and submit prior disclosures on entries they have submitted to CBP. Before you rush into this process make sure you are aware of what exactly you are submitting. Avoid giving additional information, which may trigger a fine or penalty.

The proper timing of a prior disclosure to customs of violations of 19 USC 1592 can help reduce or even eliminate penalties. For a prior disclosure to be valid, a person must first make it without knowing that Customs has begun a formal investigation into the potential violation. (A prior disclosure can still have some benefit after a investigation has begun)

This webinar will help you analyze:
  • Do you want this on your company's record?
  • Do you want to invite an audit or investigation?
  • What are the alternatives; and, what needs to be evaluated?
Areas Covered
  • How to file a disclosure
  • Validity of the disclosure
  • Evaluation of how the error was discovered
  • Evaluation of how extensive the error is; and, the resulting loss of duty to customs
  • Evaluation of how the error occurred
  • Taking corrective action going forward
  • Admission of a violation of customs' laws and its benefits and consequences
  • Effects of corrective actions without a disclosure
  • Impact on your overall import operations and compliance objectives
Who will Benefit
  • Import Compliance Professionals
  • Export Compliance Professionals
  • Logistics Managers
  • Supply Chain Managers
  • Contract Managers
  • Legal & Administrators
  • In-House Counsel
  • Customs Brokers
  • International Procurement Personnel
  • Shipping Personnel
  • Freight Forwarders
Topic Background
Prior Disclosure is a "safe harbor" by which importers and drawback filers may report to Customs errors in classification or valuation, and other incorrect information associated with the filing of import or drawback entry.

When properly prepared and timely filed, a prior disclosure protects the importer or drawback filer, and can significantly reduce the amount of penalties that would have been imposed had Customs initiated an administrative penalty action. In a case involving negligence or gross negligence, Customs is limited to collecting interest on the liquidated amount found owing.

To be valid, a prior disclosure must advise Customs of the circumstances of the violation, including:
  • The nature of the errors or incorrect information submitted;
  • The identity of the entries or period to which the disclosure relates;
  • Provide Customs with the correct information that should have been given
Timing is often critical in prior disclosure cases, as a prior disclosure is valid only if it is filed before Customs initiates a formal investigation of the wrongdoing, or the prior disclosure is filed by the disclosing party before knowledge of the initiation of the formal investigation. While a properly prepared prior disclosure can shield an importer or drawback filer from significant penalties, an improperly prepared disclosure will result in the loss of that protection, while notifying Customs of the existence of the problem.
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Instructor Profile:
Dr. Gerald is an Academic Professor and Founder of RVG International Consulting Firm, LLC. He has over twenty five years of business experience in, strategic management, marketing analysis, and supply chain management. Dr. Gerald worked with small and medium-sized businesses to help improve their business logistic processes through verification of operational and supply chain programs. Also, he had developed management and marketing strategies that were used to improve the efficiency and effectiveness of his client business operations in this global economy.

He earned a Doctor of Business Administration in International Business and Advanced Professional Business Certification in Marketing from Argosy University/Sarasota; He also holds a Master of Science of Law (J.S.M.) degree and certificate in Compliance & Risk Management from Thomas Jefferson School of Law in International Tax and Finance Services. He has also recently completed his MBA in Project Management from the University of Phoenix.

Dr. Gerald is also a member of the Free Trade Alliance, San Antonio Transportation Association, Inc., San Antonio SCORE, TX, Supply Chain Council and Institute of Business Forecasting & Planning, and CATO Institute of Research & Analysis and Academy of Business Research. He is a Certified Supply Chain Manager, and Inventory Planner and Property Forecaster, Certified Consultant for Business Value Analysis and Methodology, Certified Export Leaders of the Free Trade Alliance and Casa of San Antonio, TX; Certified Master Management Consultant and Master Project Manager; and Certified Marketing Analyst and Registered Business Analyst by the International Management Consultant Certification Board (IMCB).

Certified CCA ™ Chartered Compliance Analyst AAFM ® American Academy of Financial Management/ Certified International Project Manager (CIPM) of the AAPM ® American Academy of Project Management. A member of the Council of Supply Chain Management Professionals; and an Advisor for the Mu Kappa Tau Marketing of the Honor Society. He has published scholarly papers for the Journal of International Business and Economics and the Strategic Management Quarterly.
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