On June 3, 2026, President Donald Trump signed an Executive Order, “Strengthening Customs Enforcement,” (Order) directing the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) to implement comprehensive reforms targeting importers of record, customs brokers, and international supply chains.

Key Provisions

Importer of Record Requirements. Within 180 days, the DHS Secretary must take steps to revise importer eligibility regulations, guidance, and policies to require importers of record (IORs) to maintain minimum tangible domestic assets, increased bond coverage, or both; provide expanded data to CBP, including ownership, beneficial ownership, business affiliations, year organized, domestic asset disclosures, and anticipated import volumes; and maintain “good standing” based on compliance history and payment of customs liabilities. IORs that lose their good standing will be prohibited from importing into the United States or otherwise conducting activities directly related to importation, including designating a customs broker to act as an IOR on their behalf.

Heightened Restrictions on Foreign IORs. The Order prohibits foreign IORs from filing informal entries and imposes additional requirements for formal entry. Foreign IORs may not rely on continuous bonds unless CBP approves an exception after determining that the revenue will be fully protected and compliance assured. Foreign IORs must also be validated in CBP’s Customs Trade Partnership Against Terrorism (CTPAT), if eligible, or use a CTPAT-validated and CTPAT-licensed customs broker.

The Order defines “U.S. IOR” narrowly. For individuals, a U.S. IOR must be a U.S. citizen or lawful permanent resident. For an entity generally, it must be organized under U.S. law, located in the United States, and have controlling beneficial ownership by a U.S. citizen or lawful permanent resident; alternatively, an entity may qualify if it owns a significant amount of U.S. real property, as determined by the DHS. The DHS is also directed to provide further guidance on what it means for an entity to be “located in the United States,” with a focus on preventing shell companies, sham transactions, and artificial structures from qualifying as U.S. IORs. At a minimum, an entity must have its principal place of business in the United States, a physical presence where significant business activity is conducted in the United States, and sufficient tangible assets located in the United States.

Disclosure and Certification. CBP will establish heightened import disclosure and certification requirements, including certification of compliance with the Countering America’s Adversaries Through Sanctions Act and 18 U.S.C. § 545, disclosure of foreign tax and global business identifiers, and detailed supply chain and production-method information. Within 90 days, the DHS must also take steps to establish a requirement mandating submission of any documentation or information that the foreign exporter is required to submit to the foreign customs administration before export to the United States.

Enforcement and Penalties. The Order directs the DHS to strengthen customs enforcement, by enforcing liquidated damages claims against bonds, restricting in-bond utilization, increasing audits, and imposing maximum penalties on customs brokers who fail to conduct due diligence, repeatedly represent noncompliant clients, or fail to cooperate in a timely manner with CBP information requests. Within 90 days, the DHS must also take steps to revise mitigation standards, including establishing a minimum penalty floor of not less than 50% of the assessed penalty (absent exceptional circumstances that materially impact national security), establishing a minimum liquidated-damages floor, and eliminating mitigation for repeat offenders.

Streamlined Seizure and Disposal. CBP is directed to expedite and enhance the seizure and disposal of non-compliant imports, including by reducing or eliminating regulatory burdens to voluntary abandonment, increasing bond requirements for high-risk shipments, authorizing third-party disposal, and utilizing authorities under 19 U.S.C. § 1612.

Transparency. The Order also directs the DHS to enhance transparency in customs enforcement, by establishing requirements for periodic review and expiration of confidentiality requests, as appropriate, and publishing annual enforcement transparency reports.

Practical Takeaways

These reforms generally will not take effect immediately. The DHS and CBP are expected to engage with affected stakeholders through the standard rulemaking process, providing importers, customs brokers, and other parties an opportunity to comment and adjust operations. However, certain aspects of the Order direct the DHS to act promptly through changes to regulations, policies, or guidance, which will require affected parties to respond now.

Importers and their counsel should evaluate corporate structures, bonding arrangements, beneficial ownership, domestic assets, and compliance history. Foreign-owned importers should assess whether they may qualify as U.S. IORs under the Order’s narrow definition or whether they may be treated as foreign IORs subject to materially higher compliance burdens.

Customs brokers should also prepare for heightened due diligence obligations and increased enforcement exposure, particularly when representing clients with prior compliance issues or insufficient transparency.

The Order further directs the DHS Secretary to submit recommendations for legislation to the President within 45 days, signaling that additional statutory changes may follow.

For more information, please review this White House fact sheet and CBP press release.

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Photo of Kristina Shcheglazova* Kristina Shcheglazova*

Kristina focuses her practice on advising clients on issues related to the importation and exportation of goods, including customs issues such as the classification of goods, country of origin, customs procedures and prior disclosures. She also assists clients with sanctions and export control…

Kristina focuses her practice on advising clients on issues related to the importation and exportation of goods, including customs issues such as the classification of goods, country of origin, customs procedures and prior disclosures. She also assists clients with sanctions and export control matters, including compliance with various sanctions and export control requirements, due diligence and sanctions screenings, and advises clients on the application of U.S. sanctions and export control licensing requirements. Her experience extends to addressing issues of forced labor in supply chains, assisting clients with government contracting matters and advising on anti-corruption policies.

*Licensed in MO only, not IL; limited to federal practice only.

Photo of David M. Schwartz David M. Schwartz

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping…

David is the leader of Thompson Hine’s International Trade practice group and a member of the firm’s International Committee. He advises clients on the risks and opportunities presented by U.S. international trade laws and regulations and international trade agreements. He focuses on antidumping (AD), countervailing duty (CVD) and safeguard litigation, international trade policy, and cross-border compliance issues affecting goods, services, technology and investments that involve transportation, customs, export controls, economic sanctions, anti-boycott and anti-bribery laws and regulations.

Photo of Samir D. Varma Samir D. Varma

Samir advises multinational corporations on export controls, economic sanctions and customs, and counsels individuals and corporations on the Foreign Corrupt Practices Act (FCPA) and other anti-corruption laws. He represents clients in enforcement actions before U.S. regulatory agencies and conducts corporate internal investigations.

Photo of Francesca M.S. Guerrero Francesca M.S. Guerrero

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some…

Francesca counsels clients on compliance with export controls, sanctions, import regulations, human rights and forced labor, and the FCPA and antibribery laws. She works closely with companies to develop tailored compliance programs that fit their specific needs, and routinely advises clients on some of their most challenging international transactions, involving dealings in high-risk jurisdictions or with high-risk counterparties. Francesca also counsels companies through all phases of internal investigations of potential trade and antibribery violations and represents companies across industries before related government agencies.

Photo of Kerem Bilge Kerem Bilge

Kerem advises U.S. and foreign clients on a broad range of international trade and customs matters. He represents clients in antidumping and countervailing duty proceedings before U.S. government agencies and courts. Kerem also assists clients with import compliance, including identifying risks and developing…

Kerem advises U.S. and foreign clients on a broad range of international trade and customs matters. He represents clients in antidumping and countervailing duty proceedings before U.S. government agencies and courts. Kerem also assists clients with import compliance, including identifying risks and developing strategies to remain compliant with U.S. Customs and Border Protection requirements.

Photo of Scott E. Diamond** Scott E. Diamond**

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor…

Scott is a senior policy advisor with more than 25 years’ experience with the legislative and regulatory processes involved in international trade policy, remedies and enforcement. This includes working with clients on matters involving export controls, economic sanctions, human rights and forced labor compliance, corporate anti-boycott and antibribery compliance, national security investigations, and foreign direct investment in the United States.

**Not licensed to practice law.