NCBFAA Says AI a 'Natural Evolution,' Brokers Should Maintain Central Role
AI and automated technologies are a "natural evolution" in customs brokerage, according to a white paper published by the National Customs Brokerage & Forwarders Association of America on May 22. The NCBFAA said these technologies should be integrated into the legal framework while maintaining the central role of the customs broker.
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The NCBFAA said CBP should collaborate with the association to provide practical guidance on the uses of AI and automation, including confirming that digitization technology used under broker supervision and control doesn't constitute customs business, clarifying that brokers can leverage third-party automation tools and collaborating with the industry in considering practical guidance.
"NCBFAA’s position is that fundamental regulatory principles that maintain the integrity of customs processes must guide the adoption of these technologies. Meanwhile, these principles must reinforce the statutory role and accountability of the licensed customs broker."
While "customs business" is still the standard for compliance (see 2603180089), its application should focus on who directs and supervises entry preparation and submission rather than the tools used. The definition of "customs business" maintains flexibility for both innovation and accountability, according to the white paper.
Brokers must remain central to the entry-related process, and automation can shift operational focus, but not the broker's legal responsibilities. Any automated process requires responsible supervision and continuous monitoring and engagement, which will enhance compliance, according to the white paper.
The NCBFAA said regulatory policy on technology should accommodate the diversity of operational models and business needs, while maintaining accountability, and CBP decisions should recognize when technology needs broker supervision.
"Brokers should be permitted to use third-party AI tools, including those supporting data extraction, formatting and classification, provided they exercise responsible supervision and control. Unlicensed entities must not independently perform decision-making functions related to entry preparation or filing," the paper said.