Prior Disclosure of Import Violations to US Customs and Border Protection: Steps to Reduce Risks and Avoid Penalties
Speaker: Rossano V Gerald
Speaker Designation: Founder, RVG International Consulting Firm, LLC
Speaker: Rossano V Gerald
Speaker Designation: Founder, RVG International Consulting Firm, LLC
This webinar will analyze U.S Customs Prior Disclosure. It will objectively evaluate customs errors and mistakes and define the pros and cons of disclosing to customs. Prior disclosures are how importers may report violations of customs laws and, in almost all cases, avoid the imposition of monetary penalties, except for the interest on the duties and fees which should have been paid at the time of interest. Further, the speaker will demonstrate the consequences of Disclosure or non-disclosure and remedial measures.
The audience will better understand and describe the comprehensive Customs compliance review and submit a Prior Disclosure under 19 U.S.C. § 1592(c)(4) and 19 C.F.R. § 162.74.
Importers frequently discover that they have entered merchandise through customs that have errors. Sometimes these errors have a revenue consequence, and some do not. As a result, customs brokerage companies are commonly asked to prepare and submit prior disclosures on entries they have submitted to CBP. Before you rush into this process, ensure you know what you submit. Avoid giving additional information, which may trigger a fine or penalty.
The proper timing of prior Disclosure to customs violations of 19 USC 1592 can help reduce or even eliminate penalties. For a prior disclosure to be valid, a person must first make it without knowing that Customs has begun a formal investigation into the potential violation. (A prior disclosure can still have some benefit after an investigation has begun)
This webinar will help attendees analyze:
Prior Disclosure is a "safe harbor" by which importers and drawback filers may report to Customs errors in classification or valuation and other incorrect information associated with the filing of import or drawback entry. When properly prepared and timely filed, a prior disclosure protects the importer or drawback filer and can significantly reduce the number of penalties that would have been imposed had Customs initiated an administrative penalty action. In addition, Customs is limited to collecting interest on the liquidated amount found owing in a case involving negligence or gross negligence.
To be valid, a prior disclosure must advise Customs of the circumstances of the violation, including:
Timing is often critical in prior disclosure cases, as a prior disclosure is valid only if it is filed before Customs initiates a formal investigation of the wrongdoing or the disclosing party files the prior Disclosure before knowledge of the initiation of the formal investigation. While a properly prepared prior disclosure can shield an importer or drawback filer from significant penalties, an improperly prepared disclosure will result in the loss of that protection while notifying Customs of the problem's existence.
Dr. Rossano V. Gerald is an Academic Professor and Founder of RVG International Consulting Firm, LLC. He has over thirty years of business experience in strategic management, marketing analysis, and supply chain management; and is also a veteran of the United States Army.
He has worked with small and medium-sized businesses to help improve their business logistic processes through verification of operational and supply chain programs. Also, he has developed management and marketing strategies that were used to improve the efficiency and effectiveness of my client's business operations in this global economy. He earned a Doctor of Business Administration in International Business and Advanced Professional Business Certification in Marketing from Argosy University/Sarasota; Thomas Jefferson School of Law Master of Science of Law Degree (J.S.M.) for International Tax and Finance Services in the Risk Compliance & Management field.
He is also a candidate at the Univ. of Phoenix/ MBA Project Management degree program. He is a member of the Free Trade Alliance, San Antonio Transportation Association, Inc., San Antonio SCORE, TX, Supply Chain Council and Institute of Business Forecasting & Planning, and CATO Institute of Research & Analysis and Academy of Business Research. He is a Certified Supply Chain Manager, and Inventory Planner and Property Forecaster, Certified Consultant for Business Value Analysis and Methodology, Certified Export Leaders of the Free Trade Alliance and Casa of San Antonio, TX; Certified Master Management Consultant and Master Project Manager; and Certified Marketing Analyst and Registered Business Analyst by the International Management Consultant Certification Board (IMCB);Certified CCA ™ Chartered Compliance Analyst AAFM ® American Academy of Financial Management/ AAPM ® American Academy of Project Management.
ChE Chartered Economist (GAFM) GAFM ® Global Academy of Finance & Management ®. He is also a member of the Council of Supply Chain Management Professionals; and an Advisor for the Mu Kappa Tau Marketing of the Honor Society.
