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Informed Compliance for Seafood Import Monitoring Rules Ends April 7

Monday, February 12, 2018
Sandler, Travis & Rosenberg Trade Report

U.S. Customs and Border Protection reports that all filings covered by the Seafood Import Monitoring Program regulations must comply with the electronic filing requirements to receive a “may proceed” beginning April 7.

Mandatory compliance with regulations requiring the electronic filing of certain data at the time of entry and the retention of chain of custody records for certain imported fisheries products under the SIMP became effective Jan. 1. However, the National Marine Fisheries Service adopted an informed compliance approach to these requirements, working with CBP and filers to facilitate compliance without impeding the release and clearance of shipments for which the entry filer had incomplete information or was unable to successfully submit the data into the Automated Commercial Environment.

NMFS has observed a steadily increasing rate of compliance with SIMP filings and is therefore terminating its informed compliance approach as of April 7. As a result, CBP states, beginning on that date filings for products flagged for NMFS SIM (NM8) data, with no SIMP data, that are incomplete, or that contain erroneous SIM PGA data, must be corrected before they will be accepted.

Filers are also reminded that (a) SIMP includes a records retention provision and all entries subject to SIMP may be audited and are subject to enforcement action as of Jan. 1, and (b) those engaged in the import, export, or reexport of covered species must comply with all other requirements of NMFS trade monitoring programs, including the Tuna Tracking Verification Program, the Highly Migratory Species International Trade Permit program, and the Antarctic Marine Living Resources program, as applicable.

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