On September 2, 2026, U.S. Customs and Border Protection (CBP) published a notice seeking comments by December 1, 2026, on its implementation of several provisions of Executive Order 14411 (“EO 14411”), which mandates the collection of foreign export documentation, the expansion of the requirements for the Customs Trade Partnership Against Terrorism (CTPAT) program, and the integration of technology into supply chain tracing. President Donald Trump signed this EO on June 3, 2026, to enhance customs enforcement (see SmarTrade update of June 22, 2026). The notice follows EO 14411’s mandate for CBP to “take steps” to implement several of the order’s provisions, including those on foreign exporter documentation, within 90 days.
CBP noted that EO 14411 creates requirements for the “submission of foreign export documentation.” It is considering “whether foreign export documentation may be helpful to CBP in verifying and reconciling entry and entry summary information, and in detecting discrepancies that could indicate violations of U.S. customs and trade laws, such as dual-invoicing.” CBP has asked for the “full breadth” of export documentation, including “when and how it should be required for submission.”
CBP has also said that foreign export documentation may include an export declaration made by the foreign exporter to the foreign customs authority, commercial invoices showing the transaction value declared, packing lists, certificates of origin, export licenses or permits and transport documents.
Specific questions for comment include whether CBP should require the importer of record (IOR) to submit the documentation; how the IOR can ensure that the foreign export documentation provided to CBP is the exact documentation submitted to the foreign customs administration and has not been modified; and the current lead time required for IORs to obtain foreign export documentation from their foreign suppliers.
The questions cover what procedures should look like, how to interpret conceptual discrepancies between the nature of pricing relayed to a foreign authority versus CBP, and whether there should be different requirements for CTPAT-validated importers. They address national security implications and whether to designate certain imports as high risk.
CBP is interested in proposals to redefine or replace the manufacturer identification code, as the code provides limited identifying information and doesn’t always identify the actual party of interest to CBP.
The agency also seeks comments on the Global Business Identifiers voluntary test and whether the test should be modified, including how it’s used in business operations, the challenges in maintaining an identifier and if the identifier would enhance the integration of technical solutions for supply chain traceability. CBP is seeking to expand CTPAT program requirements and benefits. CTPAT is a voluntary program designed to build cooperative relationships between government and business to strengthen and improve the security of the international supply chain. CBP is interested in supply chain tracing technologies that CTPAT partners can use to “demonstrate their integrity” of supply chains.