CBP Sets New Rules for Foreign Importers

An interim final rule takes effect January 5, 2027, tightening qualification and broker requirements for foreign importers of record.

Updated on Nov. 5, 2026 in International Trade

CBP Sets New Rules for Foreign Importers

U.S. Customs and Border Protection issued an interim final rule establishing new requirements for foreign importers of record and the licensed customs brokers who serve them. The rule takes effect January 5, 2027, and implements only part of a June 3 executive order on customs enforcement.

Why it matters

The rule tightens who may act as a U.S. importer of record and sets penalties that could reach the full domestic value of merchandise, affecting importers and brokers handling cross-border shipments into the United States. It follows a June 3 executive order directing broader tightening of customs enforcement.

The rule sets a 51 percent U.S. citizen or lawful permanent resident beneficial ownership threshold and caps 19 USC 1641 penalties at $30,000, while 19 USC 1592 penalties can reach the full domestic value of merchandise. CBP has not stated how it will monitor informal entries or how many brokers will request delayed compliance.

The players

U.S. Customs and Border Protection

The federal agency responsible for border security and customs enforcement, which issued the interim final rule governing foreign importers of record.

The details

The rule prohibits foreign importers of record from making informal or formal entry of merchandise for consumption unless they are CTPAT-validated or use a CTPAT-validated and licensed customs broker. Brokers must verify client qualifications, and a power of attorney must be executed whenever a broker transacts customs business for a client.

June 3: Executive order directing broader tightening of customs enforcement.
January 5, 2027: Rule takes effect; comments and requests for delayed compliance with the verification requirement are due.
May 6, 2027: Brokers are expected to be in full compliance with the rule.

Market Dynamics

The rule implements only part of the June 3 executive order directing a broad tightening of customs enforcement. It extends that policy push into the rules governing foreign importers of record and their licensed brokers.

Companies that import goods through foreign importers of record may face new qualification checks and broker verification steps. Those affected should review their import structures before the January 5, 2027 effective date.

The takeaway

Importers using foreign importers of record should confirm their ownership and broker arrangements now, since full compliance is expected by May 6, 2027.

What happens next

Comments on the rule and requests for delayed compliance with the verification requirement are due January 5, 2027, and full broker compliance is expected by May 6, 2027.