What is CBP?
The US Customs and Border Protection (CBP) is one of the world’s largest law enforcement agencies currently operating at a strength of around 60,000 employees. The organization is entrusted with the responsibility of facilitating international trade and travel and also regulating the movement of people and all goods shipped to the US.
Since CBP is the first unified border entity of the US, it takes a comprehensive approach to border management and control.
In short, the agency deals with customs, immigration, trade, agricultural protection and border security, including counterterrorism.
Role of CBP in US Trade & Customs
The CBP facilitates lawful trade by ensuring a detailed inspection of the cargo entering the US and collecting import duties wherever applicable. For this purpose, the CBP officers are placed at 328 ports of entry across the country.
The CBP officers who work in a fast-paced environment are assigned various duties, some of which are listed below:-
To stringently enforce customs, immigration, and agricultural laws and regulations at the different US ports of entry.
To prevent the illegal trafficking of humans, narcotics, contrabands, banned substances, etc. into the US.
To inspect goods, carry out intelligence analysis, examinations, and key law enforcement activities such as apprehension, detention, and arrests related to the arrival and departure of people, conveyances, and merchandise at the ports of entry.
To conduct all the duties assigned to protect the US homeland, enforce federal laws, and assist legitimate trade and travel in a smooth, efficient manner.
To develop, plan, and participate in strategic operations to prevent illegal activities.
To communicate with carriers, other agencies, and foreign entities to acquire information and provide regulation on admissibility/compliance.
To detect and prevent terrorists and weapons from entering the US.
Role of CBP in Imports & Exports
The role of CBP is to ensure the smooth flow of imported cargo through all the points of entry.The CBP is also responsible for enforcing trade and customs laws designed to protect the interests of US consumers and businesses.
It is also entrusted with the task of collecting customs revenue and enforcing import security laws. These laws are aimed at preventing the entry of weapons of mass destruction, illegal drugs, and other contrabands into the US.
The CBP has a critical role to play and a complex mission to fulfill in this regard.
CBP Enforcement Powers/ Regulations
The CBP was established as an arm of the Department of Homeland Security (DHS) and combined agents from the US Customs Service, the former Immigration and Naturalization Service, and agricultural inspectors. Today, the CBP is the largest law enforcement agency within the DHS.
The CBP agents can exercise their granted authorities as mentioned under the federal statutes and regulations. Some of these authorities are listed below.
1. Authority to search
When it comes to the authority to search, the CBP officers have the power to search at the ports of entry and between the ports of entry.
- At ports of entry
The CBP agents don’t need to obtain a warrant or provide any reason to randomly search people and the personal effects such as computers or other devices in their possession when they arrive at the US ports of entry.
- Between ports of entry
The CBP agents are permitted to search non-citizens on any vehicle or conveyance located within a reasonable distance from the country’s external borders. Under the federal regulations, ‘reasonable distance’ refers to within 100 air miles from any external boundary of the US.
The agents are also allowed to pull over cars and question occupants about their citizenship or immigration status if they have reasonable suspicion that the occupants are engaging in unlawful activity.
The officers can also search for non-citizens on private lands within 25 miles of the border but cannot search dwellings. For this, the officers must obtain a judicially issued search warrant or possess the consent of the occupants.
- Authority to interrogate
The CBP agents may interrogate a foreigner or a person who is believed to be a foreigner about their rights to be in the US or remain in the country. The officers cannot threaten any person while questioning a non-citizen about his/her right to be or remain in the US. The agents also cannot deny them their legal rights.
3. Authority to arrest
The power to arrest is divided into the following two parts.
- Immigration offenses
The CBP agents are allowed to arrest any non-citizen who they believe is entering or attempting to enter the US in violation of the stated laws on the subject. They can arrest any non-citizen without a warrant when they have the reasons to believe that the person in violation of the law is likely to escape before a warrant can be issued.
- Non-immigration offenses
The CBP agents can arrest any person for committing an offense in the presence of an officer, or for any felony, and has reasonable grounds to believe that the person has committed such an offense. The officer/agent must have to right to deal with immigration and should possess a strong case that the accused will escape before an arrest warrant is obtained and produced.
CBP Responsibilities
As stated earlier, the CBP is responsible for processing all goods, vehicles, and people entering and exiting the US. The officers are entrusted with the task of intercepting narcotics and other contrabands, improperly classified goods, unlicensed technology and materials, weapons, ammunition, fugitives, undocumented immigrants, and unreported currency.
Although they have officers present at all of America’s 329 international ports of entry, the CBP’s drug interdiction activity includes staffing 35 permanent and 140 strategic checkpoints across the country. These checkpoints involve the use of experienced and qualified agents, the latest technologies, canine teams, and shipper-CBP partnerships to detect threats and to apprehend them. They also manage border areas that are potential entry points for the smuggling of drugs and people into the US.
Since its creation, the CBP has also been in charge of border regulatory functions such as passport control and agricultural inspections to provide comprehensive and seamless border control services. This division of responsibilities is aimed at simplifying border security operations and is termed- ‘One face at the border.’
The CBP is the first line of defense against the illegal entry of narcotics and dangerous drugs from foreign sources.
CBP ACE Portal
Automated Commercial Environment (ACE) is a system used by the CBP to facilitate legitimate trade and also enhance border security. ACE has been designed to improve the process of collection, sharing, and processing of the information submitted to the CBP and the other government agencies.
ACE also acts as a centralized access window for the trade community to connect with the CBP and other Partner Government Agencies, called the ACE Secure Data Portal. It is a convenient single window concept that can eliminate redundancy, and reduce the usage of paper. This portal can also reduce operational costs, and ensure faster, and more efficient processing of imports and exports.
There are many benefits offered by the CBP-ACE portal. The electronic manifest allows the authorities to identify any element of risk associated with an incoming cargo. The portal also helps simplify the entry procedures of imports by streamlining the submission of data and providing enhanced security, safety, and compliance by ensuring faster and hassle-free processing. The benefits extend to post-release processes too as filers are allowed to submit reconciliation, drawback, liquidation, and other post summary corrections.
The ACE Secure Data Portal is a web-based entry point for ACE aimed at providing a centralized online access point to connect every player involved in the import process, be it CBP, trade representatives, or government agencies.
CBP Headquarters
CBP, regarded as the country's primary border control organization has its headquarters in Washington, D.C.
The address is as mentioned below:-
1300 Pennsylvania Ave. NW. Washington, D.C. 20229
Those residing in the US can contact the CBP INFO Center on 1 (877) CBP-5511 between 8:30 a.m. and 5:00 p.m. eastern time, from Monday to Friday. Whereas, those outside the can call +1 (202) 325-8000.
In case someone has a query on the Freedom of Information Act and is unable to find answers on the website, can call the CBP on (202)-325-0150.
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