Non-U.S.-resident importers may have to change that status if a new bicameral bill becomes law.
The U.S. currently allows foreign entities, even those with little or no U.S. presence, to serve as importers of record. Many legitimate NRIs have worked with U.S. Customs and Border Protection for years, but some have used non-resident status to circumvent U.S. laws, regulations, and enforcement.
The Securing Accountability in Foreign Entries Act would require foreign companies that act as IORs to become resident importers. Specifically, this bill would require an IOR to be one of the following.
- a U.S. citizen or lawful permanent resident or an entity with a physical U.S. business location and at least one owner who is a U.S. citizen or permanent resident
- a company from Canada or Australia (additional countries could be added as exceptions if they allow U.S. companies to be non-resident IORs)
- an affiliate of a U.S. entity that (1) has been in continuous operation for at least three years, maintains at least 1,500 full-time employees in the U.S., and has at least $1 million in U.S. gross receipts or assets and (2) is designated as the agent for service of process and has accepted liability for all duties, taxes, fees, and penalties when acting as the IOR
The bill would also generally (1) require each IOR that uses a continuous import bond to maintain at least $100,000 in coverage and (2) prevent third-party import duty payments by requiring duties to be paid from U.S. bank accounts verified under anti-money laundering rules.
CBP would have to develop within one year regulations that set forth how it would verify compliance with these requirements as well as penalties for false statements or missing information.
Copyright © 2026 Sandler, Travis & Rosenberg, P.A.; WorldTrade Interactive, Inc. All rights reserved.