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Employment of a Person Convicted of a Felony

Pursuant to 19 U.S.C. 1641(d)(1)(E) and 19 CFR 111.53(e), a Customs broker must not employ any individual who the broker knows has been convicted of a felony, absent written approval from the Assistant Commissioner of CBP. If the Customs broker knows or comes to know that an employee has been convicted of a felony while employed by that broker, or the Customs broker discovers a previously undisclosed felony conviction, the broker similarly must obtain approval by CBP in order to continue to employ that individual. In all cases, employment approval must be sought immediately.

A broker who seeks CBP's approval to employ an individual convicted of a felony should submit the following information to CBP, drafted by the broker on that broker’s letterhead.

  1. Name of employee

  2. Length of employment at current brokerage, if applicable

  3. Sentencing court(s)

  4. Case number(s)

  5. Date(s) of conviction

  6. Date(s) of release

  7. Date(s) parole ended (if applicable)

The employee / prospective employee is welcome to submit a signed statement to CBP recounting facts pertinent to the conviction or jail time served (e.g., facts of the arrest, parole violation if applicable, etc.).

Documents may be submitted to the Broker Management Branch electronically, in PDF format, to brokermanagement@cbp.dhs.gov.  Please title the email "Employment approval – felony conviction." Alternately, documents may be submitted via regular mail to the address listed on the right of this page.

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