Cargo Systems Messaging Service
CSMS # 54684531 - REMINDER: In-Bond Export Consolidator program (IBEC program) participants who intend to continue operations must transition their facility status and obtain the appropriate bonds no later than February 11, 2023
Background:
In the 1980s, non-vessel operating common carriers, non-aircraft operating common carriers, exporters, and other freight consolidators (known as ‘‘export consolidators’’) in Customs District 52 (Miami) established a service that involved the receipt into their facilities of individual exportation shipments for consolidation prior to exportation.
Due to conflicts between industry practices and the customs regulations, the U.S. Customs Service (the predecessor agency of U.S. Customs and Border Protection (CBP)) established the In-Bond Export Consolidator program (IBEC program) in 1986 as a pilot program to accommodate the growing export consolidation industry. All entities that intended to continue the consolidation for export of merchandise traveling under a customs bond were required to participate and accept the conditions of the IBEC program.
In 1998, the U.S. Customs Service created a special bond, known as the In-Bond Export Consolidation bond (IBEC bond), in an effort to maintain procedural and regulatory control over the bonded freight for export. The IBEC bond covered the consolidation, cartage, transportation, and exportation of in-bond merchandise in the custody of the U.S. Customs Service (now CBP). The IBEC bond was required by specific instruction pursuant to section 113.1 of title 19, Code of Federal Regulations (CFR) (19 CFR 113.1).
CBP continued to have concerns with maintaining procedural and regulatory control over merchandise destined for export to ensure the protection of the revenue of the United States and compliance with the laws and regulations enforced by CBP. Specifically, the IBEC program has made it more challenging for CBP to ensure that the custody and manipulation of merchandise complies with regulations such as 19 CFR 19.11(e) and 125.41(a). For these reasons, CBP decided to terminate the IBEC program and IBEC bond.
Notice of the Termination:
Notice of Termination of the In-Bond Export Consolidator Program and Associated Bond was published in the Federal Register, Volume 87 (see 87 FR 8025), on February 11, 2022.
Effective February 11, 2022, CBP no longer accepts applications for new IBEC bonds.
IBEC bonds executed prior to February 11, 2022, may continue to be used to secure activities until February 11, 2023.
IBEC program participants (including both IBEC program facilities and the operators who manage the facilities) who intend to continue their operations must transition their facility status to either a customs bonded warehouse, container freight station, foreign trade zone, or a facility operated as a non-vessel operating common carrier, depending on their business needs, AND also obtain the appropriate bond(s).
CBP provided a transition period of one year from the date of the notice (until February 11, 2023).
Additional Actions Taken by CBP:
As a result of termination of the IBEC bond, CBP took the following actions:
- CBP Form 301 (Customs Bond) was updated to remove the IBEC bond. The most current Office of Management and Budget (OMB) approved version of the form can be found on CBP.gov; and
- The Office of Finance’s ability to manually add an IBEC bond to ACE eBond on the trade’s behalf was removed.
For questions about the transition process, please send an email to IBEC@cbp.dhs.gov, attention: Christopher Dow, Assistant Port Director, Miami Seaport, Office of Field Operations, U.S. Customs and Border Protection.
For questions about bond policy, the CBP Form 301 (Customs Bond), or the removal of Office of Finance’s ability to manually add the IBEC bond to ACE eBond, please send an email to Bond Policy within the Commercial Operations, Revenue, and Entry (CORE) Division at otbond@cbp.dhs.gov.
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