A status report and fee must be submitted to U.S. Customs and Border Protection (CBP) for every license that has not been previously revoked, suspended or canceled, whether it may be a license for a corporation, limited liability company, partnership, association, or individual. Some brokers who have had their licenses suspended may be required to submit a status report and fee depending upon the conditions of the Suspension Agreement enacted between CBP and the individually licensed broker.
An individually licensed Customs broker who forms a corporation, limited liability company, partnership, or association, that is subsequently licensed as a Customs broker, will be required to submit two reports and fees along with each report that is filed - one for the individual license, and one for the license for the organization.
The federal regulations specify that the triennial status report is due by February, every three years, starting from 1985. Based on this information, one can caculate in which years future triennial status reports will be due: 2015, 2018, 2021, and so on.
A report that is filed during the month of February in the year in which reporting is due, and which is filed for the current reporting cycle, is considered to be filed timely. CBP offices will begin accepting the status report and the corresponding fee on the first day of January of the reporting year. Filing for year 2015, for example, can therefore be made between January 1, 2015 and February 28, 2015.
The report and fee must be submitted to the director of the port who originally delivered the license to the broker. A report and/or fee submitted to a port other than the delivered through port may be rejected, returned, misplaced or denied which may result in the revocation of the license.
In no instance should reports be submitted directly to CBP headquarters. Submission of triennial reports directly to headquarters will not be considered to have satisfied reporting requirements.
A check or money order payable to U.S. Customs Border Protection for $100.00 (one hundred dollars) should accompany each status report that is tendered to CBP.
There is no required format for this report; however, the attached model report is provided as a courtesy.
The elements of the report prescribed in 19 CFR 111.30(d) may be compiled on a sheet of paper and submitted to CBP along with the money order or check for the corresponding fee. Again, the attached model report is only a suggested format and its use is not mandatory.
Please be reminded, licensed Customs brokers must present an employee list, if applicable, along with each status report submitted to CBP in accordance with 19 CFR 111.28(b). In addition, each individually licensed broker must state whether or not he/she still meets the applicable requirements of 19 CFR 111.11 and 111.19 and has not engaged in any conduct that could constitute grounds for suspension or revocation under section 111.53.
Individuals are considered to be "actively engaged" in transacting customs business when they are currently transacting or have recently transacted customs business on behalf of others as a sole proprietor, or when they are employed by a licensed Customs broker which is currently transacting or has recently transacted customs business on behalf of others. Those who work for another broker and are not directly involved in any activities which fall under the scope of the definition of customs business may report that they are not actively engaged in customs business.
Partnerships, corporations, and associations must also report to Customs in a status report whether or not they are actively engaged in customs business. An organization which currently transacts or recently transacted customs business on behalf of others should report that they are "actively engaged" in customs business.
Brokers should record their name on the status report that will be submitted to CBP as it appears on their Customs broker license. Any broker who has undergone a legal name change and has not had his/her/its license reissued so that the name on the license agrees with the new legal name, must provide the port director with evidence of their right to use the new legal name and separately request that the license be reissued in the new name.
All valid licenses for which no report has been submitted will be suspended by operation of law on March 1 of any given reporting year. When a license is so suspended, the port director will transmit written notice of the suspension to the broker in March of that same reporting year. The notice will be mailed to the last known address reflected in CBP records. Note that if the broker has failed to provide the port director with a current and accurate address, the suspension notice will, as a result, be mailed to an incorrect address.
During the sixty-day period beginning on the date of the aforementioned suspension notice, the broker may tender a status report and fees to the appropriate port director. If this occurs, the license will be reinstated.
If the broker does not tender the relevant status report and fees to the port directory, pursuant to 19 CFR 111.30(d), the broker's license will be revoked by operation of law (see following question in FAQ, "What happens if I fail to submit a status report by the end of the sixty-day suspension period?").
Unfortunately, failure to submit a status report and the corresponding fees to CBP during the 60-day period will result in the license being revoked. Such licenses are revoked by operation of law without prejudice to the filing of a new application for a license. This means that, while a license which is revoked by operation of law cannot be reinstated, the effected individual may file a new application for a license. However, unless the individual has passed the customs broker license exam within the three years prior to submitting that new application, the individual will need to re-take the exam.