Background

U.S. Customs and Border Protection is being asked to report on the ways artificial intelligence is already being used, and may be used in the future, to support the agency’s trade mission.

Senate Finance Committee Chair Ron Wyden, D-Ore., and Ranking Member Mike Crapo, D-Idaho, said in a Nov. 8 letter that with effective policies in place CBP can leverage AI to more efficiently conduct trade enforcement and trade facilitation activities. For example, AI could help detect anomalies in customs documentation or physical screening. Similar to the ongoing use of advanced machine learning models to attempt to stop fentanyl and other dangerous drugs from entering the U.S., the senators said, AI models could be deployed to identify and target illicit operations abroad, identify goods produced with forced labor before they reach U.S. borders, and maintain and improve the integrity of supply chains. Focusing resources on riskier shipments could, in turn, better facilitate the flow of legitimate imports and exports.

However, the senators added, using AI without proper guardrails could cause problems. For example, the leak of sensitive business data through a breach of one of CBP’s AI vendors could create serious competition and intellectual property problems for companies. In addition, there have already been instances where AI tools deployed with good intentions were later proven unsafe, ineffective, or biased.

The senators are therefore asking CBP to provide a range of related information by Dec. 8, including the following.

- how CBP is already using AI for trade enforcement and trade facilitation, including cargo and small package screening, forced labor compliance, trade remedy compliance, and identification of errors or fraud in customs entries

- how CBP identifies, tests, and audits AI systems or tools, including with respect to considerations such as security, efficacy, validity, reliability, and bias

- whether notice of AI use is provided to impacted importers and exporters and whether they can challenge decisions based on AI outputs

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