Preparing for a Customs Audit

Why Should You Attend:

If you are a US importer of any size, it is more likely than not that, at some point, CBP will conduct an audit of your import operations and transactional compliance. This is a serious matter and should be handled with no less care and dedication than a tax/IRS audit, with appropriate resources and guidance. An unprepared importer can and most likely will suffer far greater penalties, up to and including loss of import privileges, if not properly prepared. This webinar will highlight the areas of concern to help you prepare for such an audit.

Learning Objectives:

• Understand the historical background, legal framework, and overall phases of US Customs audits
• Learn customs expectations and timelines
• Identify best strategies for forming and preparing an audit team, including do’s and don’ts
• Performing your own proactive review of policies, procedures, transactions, and record keeping
• Identifying the role of the prior disclosure and value of attorney client privilege
• Learn about managing the audit process and keeping management informed, including financial reserves

Areas Covered in the Webinar:

• History of US Customs, including the US Customs Modernization Act (Mod Act)
• Roles and responsibilities of customs, versus the importer
• Rationale for the theories of the focused assessment
• Best practices for all areas of import/customs management
• The role of people, processes, and technology
• Breaking the financial code: Rebuttable presumption
• Serving many masters: Defending the company to the government and keeping upper management satisfied
• What to say and what not to say (or do)
• Being directed by (outside) counsel to invoke privilege and mitigate risks
• Understanding the essential aspects of your import management program
• Import laws and regulations
• Roles and responsibilities, including upper management support
• Cross-functional tangents
• Classification
• Valuation
• Origin
• Special programs
• Broker management
• Record Keeping

Who Will Benefit:

• Import Compliance
• Logistics
• Supply Chain
• Legal
• Finance
• Purchasing
• Internal Audit
• Operations
• Strategic Sourcing
• Risk Management

Randi Waltuck Barnett
Principal, International Customs Consulting

Randi Waltuck Barnett is a highly regarded global trade professional, having created and implemented global and domestic trade compliance programs across many industries for companies large and small. Her experience includes oversight of a $5B, 65-location division of Honeywell, a $3B, 17-location division of Motorola, and global trade optimization for Dell, Inc., among others.

Ms. Barnett has worked in the international trade arena in various industries for nearly 20 years. Her professional accomplishments include multi-million dollar global supply chain savings under various legal theories, as well as end-to-end global trade mitigation processes and procedures, identifying right sized technology tools, including “compliance on a shoestring” practices.

She has served on councils and boards for various organizations, including the American Association of Exporters and Importers (AAEI), the Organization of Women in International Trade (OWIT), is a charter-member of the International Compliance Professionals Association (ICPA), and a frequently sought-after trade and supply chain conference speaker for various well-known conference organizers, including the International Compliance Professionals Associations (ICPA), the American Conference Institute (ACI), Marcus-Evans, and Richardson Conference Events.

A licensed customs broker, Ms. Barnett holds degrees in International Business, an MBA in Finance, began her pursuit of a J.D. in International Trade Law; she is Lean Six Sigma Green Belt certified and a Motorola Certified Instructor, available to meet any of your trade compliance, operations or global trade strategy needs.

Topic Background:

All countries regulate the movement of goods across their borders. In most countries, this activity, for both import and exports, is governed by a Customs Agency or Customs Service, In the United States, since 2001’s 9/11, US imports are governed by the Bureau of Customs and Border Protection (CBP). Pre-dating 9/11, entering into force in 1994, the U. S. Customs Modernization Act (a Congressional ACT), known as the Mod Act, migrated the responsibility of adhering to all US import laws and regulations to a shared responsibility between CBP and the U.S. Importer.

As the party primarily responsible for adherence to these laws and regulations with respect to imported goods, the importer should have a robust internal control program surrounding all its import activities. However, the government does not rely solely on the importer to be wholly compliant, and, as part of its obligations to protect the federal revenue, has a robust audit program of its own. As of the time of this writing, US Customs, or CBP, has a program known as focused assessment or FA.

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