March 20, 2026 | Customs Bonds
Proposed U.S. Senate Bill Could Impact Importers, Customs Brokers, and Surety Bonds
A new bill introduced in the U.S. Senate could bring meaningful changes to how importers of record operate and how customs bonds are issued and managed.
Senator Bill Cassidy recently introduced legislation intended to strengthen protections against fraudulent trade practices and the misuse of importer-of-record structures. The bill is designed to provide U.S. Customs and Border Protection (CBP) with additional tools to address concerns around non-resident importers and shell companies that may evade duties or compliance obligations.
Key Provisions in the Proposed Legislation
While the bill is still early in the legislative process, several provisions could affect companies involved in international trade, including importers, customs brokers, and surety bond providers.
Among the proposals currently under consideration:
- Changes to Non-Resident Importer Eligibility
The bill would restrict the use of non-resident importer structures to companies from Canada, Australia, and certain countries approved by the U.S. Trade Representative and CBP. It does allow for a U.S. subsidiary of a foreign entity to act as importer of record.
- Additional Requirements for U.S. Importers
Importers may face new requirements related to banking relationships, physical address verification, and residency conditions intended to ensure legitimate business operations.
- Increase to the Minimum Continuous Customs Bond
The legislation proposes raising the minimum continuous customs bond from its current level to $100,000, with implementation phased in over time:
-
- New bonds: effective 60 days after enactment
- Existing bonds deemed insufficient: effective 60 days after enactment
- Existing bonds: must comply within 360 days
- Express Consignment Entry Restrictions
The bill may also limit situations where a customs broker can act as the importer of record for express consignment shipments, potentially affecting business models that clear large volumes of entries under a single bond.
Industry Perspective
The International Trade Surety Association (ITSA) acknowledged the growing concern around fraudulent use of importer-of-record structures and expressed support for legislative efforts that help protect U.S. revenue and enforce trade laws.
What Happens Next?
It is important to note that many bills introduced in Congress never become law.
However, with recent policy attention on trade enforcement and de minimis reforms, trade-related legislation may receive increased scrutiny this year.
Roanoke is closely monitoring developments and will continue to keep clients and partners informed as the legislative process unfolds.
For companies involved in importing, customs brokerage, or customs bonds, it is always valuable to stay ahead of potential regulatory changes that could affect compliance requirements or operational structures.
If you have questions about how potential changes could affect your customs bonds or trade compliance programs, the Roanoke team is here to help.
Solutions That Go the Distance™
