Background

U.S. Customs and Border Protection is accepting comments through April 14 on a proposed rule that would require most bonds to be transmitted electronically and would further centralize and streamline CBP’s bond program.

Customs law gives CBP broad authority to require a bond, by regulation or specific instruction, when necessary to protect the revenue or ensure compliance with any provision of law, regulation, or instruction that CBP is authorized to enforce. CBP can also prescribe the conditions and form of bonds and the manner in which they may be filed or transmitted. CBP regulations exercising this authority (19 CFR part 113) currently outline a paper-based bond process, although CBP has been testing electronic bond submission since 2014.

Having deemed that test successful, CBP is proposing to eliminate paper bonds and instead require all bonds, bond amendments, and bond terminations to be transmitted using the eBond system or by email. Bonds secured by a surety would have to be transmitted by the surety or its authorized agent, while bonds secured by cash in lieu of surety would have to be transmitted by the principal on the bond.

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