Prior Disclosure of Import Violations to US Customs and Border Protection: Steps to Reduce Risks and Avoid Penalties

Rossano V Gerald

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Description of the topic:

This webinar will analyze U.S Customs Prior Disclosure. It will objectively evaluate customs errors and mistakes and define the pros and cons of disclosing to customs. Prior disclosures are the means by which importers may report violations of customs laws and in almost all cases avoid the imposition of monetary penalties, with the exception of the interest on the duties and fees which should have been paid at the time of interest. Further, the speaker will demonstrate the consequences of disclosure or non-disclosure and remedial measures.


Prior Disclosure is a "safe harbor" by which importers and drawback filers may report to Customs errors in classification or valuation and other incorrect information associated with the filing of import or drawback entry.When properly prepared and timely filed, a prior disclosure protects the importer or drawback filer, and can significantly reduce the number of penalties that would have been imposed had Customs initiated an administrative penalty action.  In a case involving negligence or gross negligence, Customs is limited to collecting interest on the liquidated amount found owing. To be valid, a prior disclosure must advise Customs of the circumstances of the violation, including:

  1. the nature of the errors or incorrect information submitted;
  2. the identity of the entries or period to which the disclosure relates;
  3. provide Customs with the correct information that should have been given.

Timing is often critical in prior disclosure cases, as a prior disclosure is valid only if it is filed before Customs initiates a formal investigation of the wrongdoing, or the prior disclosure is filed by the disclosing party before knowledge of the initiation of the formal investigation.  While a adequately prepared prior disclosure can shield an importer or drawback filer from significant penalties, an improperly prepared disclosure will result in the loss of that protection, while notifying Customs of the existence of the problem.

Why should you attend?

Importers frequently discover that they have entered merchandise through customs that have errors. Sometimes these errors have a revenue consequence, and some do not. Customs brokerage companies are commonly asked to prepare and submit prior disclosures on entries they have submitted to CBP. Before you rush into this process, make sure you are aware of what exactly you are submitting. Avoid giving additional information, which may trigger a fine or penalty.The proper timing of prior disclosure to customs of violations of 19 USC 1592 can help reduce or even eliminate penalties. For a prior disclosure to be valid, a person must first make it without knowing that Customs has begun a formal investigation into the potential violation. (A prior disclosure can still have some benefit after an investigation has begun).

This webinar will help attendees analyze:

  • Do you want this on your company’s record?
  • Do you want to invite an audit or investigation?
  • What are the alternatives; and, what needs to be evaluated?
  • Objective evaluation of customs errors and mistakes
  • Identifying if a violation has occurred
  • Pros and cons of disclosing to customs
  • Consequences of disclosure or non-disclosure
  • Remedial measures

Areas Covered in the Session :

  • How to file a disclosure
  • The validity of the disclosure
  • Evaluation of how the error was discovered
  • Evaluation of how extensive the error is; and, the resulting loss of duty to customs
  • Evaluation of how the error occurred
  • Taking corrective action going forward
  • Admission of a violation of customs’ laws and its benefits and consequences
  • Effects of corrective actions without a disclosure
  • Impact on your overall import operations and compliance objectives

Who will benefit:

  • Import Compliance Professionals
  • Export Compliance Professionals
  • Logistics Managers
  • Supply Chain Managers
  • Contract Managers
  • Legal & Administrators
  • In-House Counsel
  • Customs Brokers
  • International Procurement Personnel
  • Shipping Personnel
  • Freight Forwarders
Webinar Events
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Training CD-DVD

Physical CD-DVD of recorded session will be despatched after 72 hrs on completion of payment

Recorded video

Recorded video session

Speaker: Rossano V Gerald, Academic Professor and Founder of RVG International

Dr. Gerald is an Academic Professor and Founder of RVG International Consulting Firm, LLC.  He has over thirty years of business experience in, strategic management, marketing analysis, and supply chain management; and am also a veteran of the United States Army. He has worked with small and medium-sized businesses to help improve their logistics business processes through verification of operational and supply chain programs.  Also, he has developed management and marketing strategies that were used to improve the efficiency and effectiveness of my client business operations in this global economy. He earned a Doctor of Business Administration in International Business and Advanced Professional Business Certification in Marketing from Argosy University/Sarasota; Thomas Jefferson School of Law Master of Science of Law Degree (J.S.M.) for International Tax and Finance Services in the Risk Compliance & Management field. He also awarded MBA Project Management Degree from Univ. of Phoenix and enrolled in Penn State Smeal College of Business Graduate Certificate Supply Chain Management Program.

He is a member of the Free Trade Alliance, San Antonio Transportation Association, Inc., San Antonio SCORE, TX, Supply Chain Council and Institute of Business Forecasting & Planning, and CATO Institute of Research & Analysis and Academy of Business Research. He is a Certified Supply Chain Manager, and Inventory Planner and Property Forecaster, Certified Consultant for Business Value Analysis and Methodology, Certified Export Leaders of the Free Trade Alliance and Casa of San Antonio, TX; Certified Master Management Consultant and Master Project Manager; and Certified Marketing Analyst and Registered Business Analyst by the International Management Consultant Certification Board (IMCB). Certified CCA ™ Chartered Compliance Analyst AAFM ® American Academy of Financial Management/ AAPM ® American Academy of Project Management. He also a member of the Council of Supply Chain Management Professionals; and an Advisor for the Mu Kappa Tau Marketing of the Honor Society.

Published Scholarly Papers:

Gerald, R.V. (2013). Panama’s consumer behavior research project. Journal of Business and Economics, 4 (5), 432-443.

Gerald, R.V. (2014). Global adjustment challenges facing female business expatriates. Strategic Management Quarterly, Vol. 2(1).

Gerald, R.V. (2014). NAFTA -Transportation Challenges: Case Study US-Mexico. Journal of International Business and Economics, 2 (1), 1-9.

Gerald, R.V. (2014) United Parcel Service Financial Challenges in a Developed or Developing Nations, Strategic Management Quarterly, Vol. 2(1).

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