19 U.S.C. § 2084 — Office of Trade

Page 470 TITLE 19—CUSTOMS DUTIES § 2083 1 See Change of Name note below. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. ESTABLISHMENT AND IMPLEMENTATION OF COST ACCOUNTING SYSTEM; REPORTS Pub. L. 107–210, div. A, title III, § 334, Aug. 6, 2002, 116 Stat. 977, required the Commissioner of Customs, not later than Sept. 30, 2003, to establish and implement a cost accounting system with specified requirements for expenses incurred in both commercial and noncommer- cial operations of the Customs Service and report to Congress on a quarterly basis between Aug. 6, 2002, and the date on which the cost accounting system was fully implemented. § 2083. Annual national trade and customs law violation estimates and enforcement strategy (a) Violation estimates Not later than 30 days before the beginning of each fiscal year after fiscal year 1991, the Com- missioner of Customs 1 shall submit to the Com- mittee on Ways and Means of the House of Rep- resentatives and the Committee on Finance of the Senate (hereafter in this section referred to as the ‘‘Committees’’) a report that contains es- timates of— (1) the number and extent of violations of the trade, customs, and illegal drug control laws listed under subsection (b) that will like- ly occur during the fiscal year; and (2) the relative incidence of the violations estimated under paragraph (1) among the var- ious ports of entry and customs regions within the customs territory. (b) Applicable statutory provisions The Commissioner of Customs,1 after con- sultation with the Committees— (1) shall, within 60 days after August 20, 1990, prepare a list of those provisions of the trade, customs, and illegal drug control laws of the United States for which the United States Customs Service has enforcement responsi- bility and to which the reports required under subsection (a) will apply; and (2) may from time-to-time amend the listing developed under paragraph (1). (c) Enforcement strategy Within 90 days after submitting a report under subsection (a) for any fiscal year, the Commis- sioner of Customs 1 shall— (1) develop a nationally uniform enforce- ment strategy for dealing during that year with the violations estimated in the report; and (2) submit to the Committees a report set- ting forth the details of the strategy. (d) Compliance program The Commissioner of Customs 1 shall— (1) devise and implement a methodology for estimating the level of compliance with the laws administered by the Customs Service; and (2) include as an additional part of the re- port required to be submitted under sub- section (a) for each of fiscal years 1994, 1995, and 1996, an evaluation of the extent to which such compliance was obtained during the 12- month period preceding the 60th day before each such fiscal year. (e) Confidentiality The contents of any report submitted to the Committees under subsection (a) or (c)(2) are confidential and disclosure of all or part of the contents is restricted to— (1) officers and employees of the United States designated by the Commissioner of Cus- toms; 1 (2) the chairman of each of the Committees; and (3) those members of each of the Committees and staff persons of each of the Committees who are authorized by the chairman thereof to have access to the contents. (Pub. L. 101–382, title I, § 123, Aug. 20, 1990, 104 Stat. 642; Pub. L. 103–182, title VI, § 691(c), Dec. 8, 1993, 107 Stat. 2224; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.) Editorial Notes AMENDMENTS 1993—Subsecs. (d), (e). Pub. L. 103–182 added subsec. (d) and redesignated former subsec. (d) as (e). Statutory Notes and Related Subsidiaries CHANGE OF NAME Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. § 2084. Office of Trade (a) In general There is established in U.S. Customs and Bor- der Protection an Office of Trade. (b) Executive Assistant Commissioner There shall be at the head of the Office of Trade an Executive Assistant Commissioner, Page 471 TITLE 19—CUSTOMS DUTIES § 2084 1 So in original. Probably should be ‘‘subsection (a).’’ who shall report to the Commissioner of U.S. Customs and Border Protection. (c) Duties The Office of Trade shall— (1) direct the development and implementa- tion, pursuant to the customs and trade laws of the United States, of policies and regula- tions administered by U.S. Customs and Bor- der Protection; (2) advise the Commissioner of U.S. Customs and Border Protection with respect to the im- pact on trade facilitation and trade enforce- ment of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection; (3) coordinate with the Executive Assistant Commissioner for the Office of Field Oper- ations with respect to the trade facilitation and trade enforcement activities of U.S. Cus- toms and Border Protection; (4) direct the development and implementa- tion of matters relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan for trade facilitation and trade enforcement required under section 4314 of this title; (5) otherwise advise the Commissioner of U.S. Customs and Border Protection with re- spect to the development and implementation of the joint strategic plan; (6) direct the trade enforcement activities of U.S. Customs and Border Protection; (7) oversee the trade modernization activi- ties of U.S. Customs and Border Protection, including the development and implementa- tion of the Automated Commercial Environ- ment computer system authorized under sec- tion 58c(f)(4) of this title and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 1411(d) of this title; (8) direct the administration of customs rev- enue functions as otherwise provided by law or delegated by the Commissioner of U.S. Cus- toms and Border Protection; and (9) prepare an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than June 1, 2016, and March 1 of each calendar year thereafter that includes— (A) a summary of the changes to customs policies and regulations adopted by U.S. Customs and Border Protection during the preceding calendar year; and (B) a description of the public vetting and interagency consultation that occurred with respect to each such change. (d) Transfer of assets, functions, personnel, or li- abilities; elimination of offices (1) Office of International Trade (A) Transfer Not later than 30 days after February 24, 2016, the Commissioner of U.S. Customs and Border Protection shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade to the Office of Trade established under subsection (b).1 (B) Elimination Not later than 30 days after February 24, 2016, the Office of International Trade shall be abolished. (C) Limitation on funds No funds appropriated to U.S. Customs and Border Protection or the Department of Homeland Security may be used to transfer the assets, functions, personnel, or liabil- ities of the Office of International Trade to an office other than the Office of Trade es- tablished under subsection (a), unless the Commissioner of U.S. Customs and Border Protection notifies the Committee on Home- land Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Com- mittee on Finance of the Senate of the spe- cific assets, functions, personnel, or liabil- ities to be transferred, and the reason for the transfer, not less than 90 days prior to the transfer of such assets, functions, personnel, or liabilities. (D) Office of International Trade defined In this paragraph, the term ‘‘Office of International Trade’’ means the Office of International Trade established by section 2072 of this title and as in effect on the day before February 24, 2016. (2) Other transfers (A) In general The Commissioner of U.S. Customs and Border Protection is authorized to transfer any other assets, functions, or personnel within U.S. Customs and Border Protection to the Office of Trade established under sub- section (a). (B) Congressional notification Not less than 90 days prior to the transfer of assets, functions, personnel, or liabilities under subparagraph (A), the Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Com- mittee on Homeland Security and Govern- mental Affairs and the Committee on Fi- nance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for such transfer. (e) Definitions In this section, the terms ‘‘customs and trade laws of the United States’’, ‘‘trade enforce- ment’’, and ‘‘trade facilitation’’ have the mean- ings given such terms in section 4301 of this title. (Mar. 3, 1927, ch. 348, § 4, as added Pub. L. 114–125, title VIII, § 802(h)(1), Feb. 24, 2016, 130 Stat. 213.) Editorial Notes PRIOR PROVISIONS A prior section 4 of act March 3, 1927, was classified to section 281c of Title 5 prior to the general revision Page 472 TITLE 19—CUSTOMS DUTIES § 2091 and enactment of Title 5, Government Organization and Employees, by Pub. L. 89–554, § 1, Sept. 6, 1966, 80 Stat. 378. Subsection (a) of section 4 was transferred to section 163 of Title 21, Food and Drugs, prior to the omission of section 163 from the Code on the authority of Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5. Statutory Notes and Related Subsidiaries CONTINUATION IN OFFICE Pub. L. 114–125, title VIII, § 802(h)(2), Feb. 24, 2016, 130 Stat. 215, provided that: ‘‘The individual serving as the Assistant Commissioner of the Office of International Trade on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Executive As- sistant Commissioner of Trade on and after such date of enactment, at the discretion of the Commissioner of U.S. Customs and Border Protection.’’ CHAPTER 11—IMPORTATION OF PRE-CO- LUMBIAN MONUMENTAL OR ARCHITEC- TURAL SCULPTURE OR MURALS Sec. 2091. List of stone carvings and wall art; promulga- tion and revision; criteria for classification. 2092. Export certification requirement. 2093. Forfeiture of unlawful imports. 2094. Rules and regulations. 2095. Definitions. § 2091. List of stone carvings and wall art; pro- mulgation and revision; criteria for classi- fication The Secretary, after consultation with the Secretary of State, by regulation shall promul- gate, and thereafter when appropriate shall re- vise, a list of stone carvings and wall art which are pre-Columbian monumental or architectural sculpture or murals within the meaning of para- graph (3) of section 2095 of this title. Such stone carvings and wall art may be listed by type or other classification deemed appropriate by the Secretary. (Pub. L. 92–587, title II, § 201, Oct. 27, 1972, 86 Stat. 1297.) § 2092. Export certification requirement (a) Issuance by country of export No pre-Columbian monumental or architec- tural sculpture or mural which is exported (whether or not such exportation is to the United States) from the country of origin after the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title may be imported into the United States unless the government of the country of origin of such sculpture or mural issues a cer- tificate, in a form acceptable to the Secretary, which certifies that such exportation was not in violation of the laws of that country. (b) Procedure when certificate lacking If the consignee of any pre-Columbian monu- mental or architectural sculpture or mural is unable to present to the customs officer con- cerned at the time of making entry of such sculpture or mural— (1) the certificate of the government of the country of origin required under subsection (a) of this section; (2) satisfactory evidence that such sculpture or mural was exported from the country of ori- gin on or before the effective date of the regu- lation listing such sculpture or mural pursu- ant to section 2091 of this title; or (3) satisfactory evidence that such sculpture or mural is not covered by the list promul- gated under section 2091 of this title; the customs officer concerned shall take the sculpture or mural into customs custody and send it to a bonded warehouse or public store to be held at the risk and expense of the consignee until such certificate or evidence is filed with such officer. If such certificate or evidence is not presented within the 90-day period after the date on which such sculpture or mural is taken into customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the importation of such sculpture or mural into the United States is in violation of this chapter. (Pub. L. 92–587, title II, § 202, Oct. 27, 1972, 86 Stat. 1297.) Editorial Notes CODIFICATION References to section 202 of Pub. L. 92–587 in the original were translated as section 2091 of this title in the classification of Pub. L. 92–587 as the probable in- tent of Congress. § 2093. Forfeiture of unlawful imports (a) Seizure Any pre-Columbian monumental or architec- tural sculpture or mural imported into the United States in violation of this chapter shall be seized and subject to forfeiture under the cus- toms laws. (b) Disposition of articles Any pre-Columbian monumental or architec- tural sculpture or mural which is forfeited to the United States shall— (1) first be offered for return to the country of origin and shall be returned if that country bears all expenses incurred incident to such return and complies with such other require- ments relating to the return as the Secretary shall prescribe; or (2) if not returned to the country of origin, be disposed of in the manner prescribed by law for articles forfeited for violation of the cus- toms laws. (Pub. L. 92–587, title II, § 203, Oct. 27, 1972, 86 Stat. 1297.) § 2094. Rules and regulations The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter. (Pub. L. 92–587, title II, § 204, Oct. 27, 1972, 86 Stat. 1297.) § 2095. Definitions For the purposes of this chapter— (1) The term ‘‘Secretary’’ means the Sec- retary of the Treasury. (2) The term ‘‘United States’’ includes the several States, the District of Columbia, and the Commonwealth of Puerto Rico.