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Reducing Regulation, Controlling Regulatory Costs is Focus of CBP Inquiry

Wednesday, September 13, 2017
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection is seeking comments and information by Dec. 11 to assist it in identifying existing regulations, paperwork requirements, and other regulatory obligations that can be modified or repealed to achieve savings of time and money while continuing to meet CBP’s statutory obligations.

Under executive order 13771, issued Jan. 30 by President Trump, federal agencies must identify at least two regulations to be repealed for every new regulation proposed or otherwise promulgated. In addition, any new incremental costs associated with new regulations must be offset by the elimination of costs associated with at least two prior regulations.

Under EO 13777, issued Feb. 24, federal agencies must establish regulatory reform task forces to identify regulations for possible repeal, replacement, or modification because they eliminate jobs or inhibit job creation; are outdated, unnecessary, or ineffective; impose costs that exceed benefits; create a serious inconsistency or otherwise interfere with regulatory reform initiatives and policies; or meet certain other conditions. Agency policies (such as guidance and interpretative documents) and information collections that impose costs on the public may be identified under these criteria as well as regulations.

To aid in this review, CBP is seeking input from state, local, and tribal governments, small businesses, consumers, non-governmental organizations, manufacturers, and their trade associations on the following issues.

- CBP rules or reporting requirements that have become outdated and how can they be modernized to better accomplish their objectives

- CBP rules that are still necessary but have not operated as well as expected such that a modified approach at lower cost is justified

- CBP rules that unnecessarily obstruct, delay, curtail, or otherwise impose significant costs on the secure flow of legitimate trade and travel to and from the U.S.

- information collections that CBP does not need or use effectively

- regulations, reporting requirements, or regulatory processes that are unnecessarily complicated or could be streamlined to achieve statutory obligations in more efficient ways

- rules or reporting requirements that have been overtaken by technological developments and new technologies that could be leveraged to modify, streamline, or do away with existing regulatory or reporting requirements

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