tag:blogger.com,1999:blog-12154253.post481894601845469748..comments2024-03-20T00:33:13.961-05:00Comments on Customs Law: Friday Q&ALarryhttp://www.blogger.com/profile/13659537105506728479noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-12154253.post-22152312940913833772006-09-27T07:32:00.000-05:002006-09-27T07:32:00.000-05:00That's nice to know. I too agree with your "off t...That's nice to know. I too agree with your "off the cuff" sentiments. However I've been told by another broker to the contrary. Though their rationality for thier opinion is not based on law but on their interpretation of the regs.<br /><br />BTW, I have a habit of reading CIT & CAFC cases (thank you Internet) from the web (a great source of legal info) and just finish reading the Brother appeal. I see that your firm handled this. To be honest, I was perplexed to see the CAFC ruled in that fashion and thought that CIT did rule correctly. But after reading the opinion, I see the CAFC's reasoning and makes perfect sense. Touche to your law firm!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-12154253.post-34356483366265564432006-09-26T11:38:00.000-05:002006-09-26T11:38:00.000-05:00Funny you should ask. I got almost exactly the sa...Funny you should ask. I got almost exactly the same hypothetical question from a broker at the presentation.<br /><br />This is my off the cuff non-advice on which you should not rely.<br /><br />As a licensed CHB, you have a duty to maintain the confidential nature of your client's information. This is stated in the Regulations at sec 111.24. The records must only be disclosed to the client, the surety, and Regulatory Audit. Under sec. 111.27, broker records are subject to audit.<br /><br />That said, <b>I am not aware of</b> (there are intentional waffle words there), any affirmative obligation on a broker to disclose violations by the importer. That would mean you don't have a duty to disclose a violation by your employer or client to CBP.<br /><br />If anyone knows of a case or other source that is to the contrary, I'd like to know about it.Larryhttps://www.blogger.com/profile/13659537105506728479noreply@blogger.comtag:blogger.com,1999:blog-12154253.post-8796732636101261962006-09-25T18:32:00.000-05:002006-09-25T18:32:00.000-05:00consistent w/this theme of priveledge, what if I a...consistent w/this theme of priveledge, what if I as a CHB and employee of the company, find out about the error. Also let's say that inhouse counsel gave me the directions to conduct the audit but counsel also gave me written instructions not to disclose, do I as a CHB still have a duty to disclose to CBP? <br /><br />My concern here is that CBP may come after me as a CHB. Am I protected? If not, what can I do?<br /><br />Disclosure: this is a fictitous scenario and only for arguendo...Anonymousnoreply@blogger.com