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Dear Friends and Customers,
 
We have seen US Customs and Border Protection recently increased enforcement of the Informed Compliance Publications, and have been reaching out to importers that may have improvements to make in their compliance efforts.
The way they are addressing importers is through “Compliance Letters” which will read something like: “Distribution of Informed Compliance Publications and Other Informative Documents”
 
This is something new and different from the typical CF 28 Request for Information. According to various Customs Law firms, “if a company gets an informed compliance notification via email or telephone call, that company is a likely candidate for an audit.  On the other hand, if a company receives a letter informing and referring them to relevant Informed Compliance Publications (“ICP”), it means Regulatory Audit is strongly considering that company for a comprehensive audit as a part of its National Audit Plan.”
 
“These informed compliance letters include a list of CBP Informed Compliance Publications (ICP’s), that are accompanied by a DVD containing the ICPs listed and a review of the criteria for submitting prior disclosures to CBP. These letters strongly encourage importers to proactively monitor their transactional data in the ACE Secure Data Portal and evaluate whether there are any significant errors/discrepancies that should be voluntarily reported to CBP. CBP encourages importers to conduct self-reviews and where applicable, correct the issues and submit loss of revenue.
It appears that the letters are designed to encourage prior disclosures CBP may pursue penalty actions in cases where a CBP audit uncovers noncompliance. Importers receiving the letters should pay particular attention to the ICPs listed as they provide clues to the areas CBP will likely scrutinize in a review.”
 
To learn more about these Informed Compliance Publications please visit: https://www.cbp.gov/trade/rulings/informed-compliance-publications
Attached you will find a sample letter for your reference.
 
Please contact compliance.clx@rljones.com if you receive any of these letters or if you have any questions regarding these audits.
 
Kind Regards,
RL Jones Compliance Team

Download informed compliance letter sample (133 KB)