US Customs (CBP) issued an “Interim Final Rule” announcement on November 5 that changes the requirements for foreign importers of record (IORs). The interim rule continues the process of implementation of President Trump’s Executive Order 14401 on Strengthening Customs Enforcement, and the intention is to add accountability, increase visibility, and prevent unlawful imports.

The key requirement of the rule is that all “foreign importers of record” become CTPAT (Customs Trade Partnership Against Terrorism) certified or use a CTPAT-validated US Customs broker to be allowed to enter goods into the USA with an effective date of January 5.

A “foreign importer” is any person/company who does NOT meet 3 key requirements:

• U.S. citizen or permanent resident, or an entity that is organized under the laws of the U.S.
• Domiciled in the U.S., AND
• US Citizen or permanent resident must have “beneficial ownership”-generally 51% or more–and have control of the entity or own significant assets/property in the USA

Thus, if the entity does not have an organization or place of business in the USA, does not have significant assets in the USA, and does not have US ownership will be considered a foreign entity. Significant assets seems to be discretionary, based on a company’s size and activity. US Customs Brokers will have more responsibility to verify qualifications of IORs.

The comment period is now open and comment can be submitted through the Federal Rulemaking portal at www.regulations.gov under docket number USCBP-2026-1387. Comments must be received prior to January 5. We will be addressing this and other elements of EO 14411 in our upcoming webinar on November 17. Email info@wssa.com to get more information on the upcoming webinar and learn more about these significant changes.

Link to CBP announcement is here: CBP announces heightened requirements for Foreign Importers of Record | U.S. Customs and Border Protection