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Customs Automated Broker Interface (ABI) Part 2

Law Office of Yuri Starikov, LLC

19m 57s1,170 words~6 min read
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[0:00]list the bullet points and they say, okay, figure out which one is not. And because it deals with the ABI, you know, 143, uh, is the letter and the letter of intense, see, letter of intent is your

[0:18]point of inquiry, recall that I always cite to the sources so when you see this, you make a mental note that 143.2, section 143.2 is associated with the letter of intent.

[0:34]And you hopefully, you'll know that on the day of the exam when you show up and you see

[0:53]computer is required, contact person, software vendor. Those are requirements. But your total operating costs,

[1:08]how much it will cost you, who will be entering the data? Those things are not on this list.

[1:20]I I have nothing more to say about that. Any questions? It's pretty straightforward.

[1:31]Now. So application, as you know, there are two options, it can be either approved or denied. It can either happen or don't happen. But because this is substantial, it it can be important, it can be a substantial investment.

[1:49]There is a what's called a due process or procedure of due process, which is given to to the filer. So you can't just say, no. You say, no, because

[2:04]So of course you must have a good good rapport with customs. You must have a good credit history. You must pay your bill, bills on time. That's obvious. And you must be

[2:16]your software and your hardware, they must comply with the performance standards. Otherwise you will slow the system down or you will transmit some kind of malicious virus, and that will not be good for the trade community.

[3:09]denial. If you denied the application, the grounds of denial, the reasons must be given. And of course, the denial may be appealed.

[3:22]Remember we talked about uh the service bureau's? And that they are not whatever they do, they do not need to have a license. Well, just like customs brokers, they have to maintain data

[3:33]and they have to treat it as confidential. So if I knock on a on a service bureau door and I'm not a licensed customs broker or I'm a different licensed customs broker, which have no power of attorney, and have no no authorization to read the records,

[3:55]I should be rejected. Service bureau's bureau, service bureau's cannot disclose the data connected with anyone other than filer importer or licensed customs broker or customs. And by customs, of course, this means any official acting in a government capacity. So if it's uh, let's say a prosecutor with a court order to review records, they can go under the customs umbrella as well.

[4:50]class. And of course, failure to maintain performance standards will result in probation. Probation mean, you have time to correct it. If you don't, you'll be placed off ABI, you have to go back to file paper.

[5:08]What's to note here? Notice who? Notice who is responsible

[6:44]And again, they must tell you the reasons, they must tell you when, and that you have a right to appeal. It's a very important notice, because if without a notice, if notice is improper,

[7:05]to give proper notice means the failure results usually the results in dismissal.

[8:06]Commissioner. Who is under commissioner? Assistant commissioner, but boy, we've seen a lot of assistant commissioner so far.

[8:24]You know that there is more than one assistant commissioner. So if you have been checking the web supplements, if you go to the textbook introduction web supplements, I I uploaded the organization chart. Just to make you aware,

[8:53]you guys can all see it online. But it's textbook introduction.

[9:00]We're assistant commissioner as as oh, there you go. There you go, guys. So here, we're talking about ABI, so we're talking about IT, right? And IT is here. Information Technology Assistant Commissioner. Fortunately, that specific information. So you know, Assistant no, Assistant Commissioner is not enough. You must know the Assistant Commissioner is also works for Office of Information Technology. Why is that important? Because

[10:34]this stuff. And most important, performance requirements. All ABI participants must adhere to the performance standards, obvious. Maintain high level of quality, obviously so. kind of action, right? And the question is is what do they what what what is not that customs going to do? So, they say, customs is going to take corrective action. What is this this correction corrective action going to be? Well, the corrective action is going to be this guy, Director, User Support Services.

[11:30]responsible for advising you, Assistant Commissioner is the person you go to if or if the

[12:30]Let's take a look at the next one. So, ABI participant who does not hear to performance standards. Again, doesn't doesn't do what he's supposed to. May be placed on a probation for a maximum of. So, not only you have to know the key players, such as Director and Assistant Commissioner of Information Technology, but you must know the 30 30-day limit floor, 30-day limit floor, and 90-day limit ceiling. But notice here, you must know both.

[13:22]But look, 90 days effective from. And who must who must who must

[16:54]to do your files. However, if you were accused of being fraudulent, fraud means intentional, uh, deceit or dishonest, material, meaning that it was something important, not just clerical, then it will be suspended immediately. Significant harm, virus, your system is virus. So while you appeal and saying that, no, it's not your virus, it's it's the other system's virus. It doesn't matter. Just to to make it more difficult is is something which which is

[17:42]administrative messages with custom. There is an email sign up for. You get those messages all the time. The system is down, the system is down. Something happened. There is a virus, there is a bug, there is a technical error. These things happen all the time. And these things cost a lot of money. It's uh it's a huge project. It was intended to be completed by now. It is still being worked out because there were so many bugs that that needs to be worked on continuously. So, um,

[19:00]how many days do you have to appeal? Someone said 30. Can someone say 60?

[19:22]days. Okay. Appeal for failing grade of examination. Okay, so you have 60 days to appeal if you fail. 600 days. Denial of a license. 60 days, guys. So, you appeal to the Assistant Commissioner.

[19:57]Notice, you don't have to, here you don't have to know which Assistant Commissioner, we don't have many, right? And then 60 days appeal if Assistant Commissioner is isn't doesn't like you, you go to the Secretary. Again, 60 days. And if Secretary doesn't like you, you go to the Court of International Trade, and you ask the judge to like you. And you have 60 calendar days here. So it's 60 days. Did I say 30? I think it's Oh, okay, so was I right? Okay. 60 days.

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