Call it Big Changes For U.S. and Foreign Based Importers
Executive Order 14411 Interim Final Rule
Big Changes For U.S. and Foreign Based Importers
Effective January 5, 2027, U.S. Customs and Border Protection has issued an Interim
Final Rule per Executive Order 14411, Strengthening Customs Enforcement, which
affects all importers, especially foreign based importers.
All importers must review their current CBP Form 5106 that is on file with U.S. Customs
and verify/revise the information to ensure accuracy and compliance. Licensed
customs brokers can submit revisions on behalf of importers of record to U.S. Customs
electronically.
The most important change effective January 5, 2027, will involve foreign based
importers. No longer will a foreign based importer be able to import into the
United States unless the foreign importer is CTPAT certified or the foreign
importer utilizes a licensed CTPAT validated U.S. Customs broker.
Thunderbolt Global Logistics, LLC is a licensed CTPAT validated customs broker.
Thunderbolt Global Logistics, LLC must ensure all records on file with U.S. Customs are
current and updated in all aspects including importer of record clients’ CBP Forms 5106.
We will be contacting our active importer of record clients to confirm if the importers’
Power of Attorneys (POA’s) are accurate and will be requesting the importers to
complete, sign, and submit current CBP Form 5106.
The new Interim Final Rule enforces the qualifications of a U.S. based versus a foreign
based importer of record.
– A U.S. based importer of record, if importing as an individual, must be a U.S. citizen or
be a lawful permanent resident.
– A U.S. based importer or record, if importing as a business, must be organized under
U.S. law, located in the U.S. including Puerto Rico, and meet at least one of the below
criteria:
- Maintain at all times at least 51% beneficial ownership with control by U.S.
citizens of lawful permanent residents. - Maintain at all times direct ownership of a significant amount of unencumbered
real property in the U.S.
***An importer that does not meet the above mentioned criteria qualifications will
be considered a foreign importer. It will not matter if the importer of record is incorporated in the U.S.***
Some helpful links are provided below.
https://www.cbp.gov/document/guidance/foreign-importer-record-interim-final-rule-
reference-guide
https://www.federalregister.gov/documents/2026/11/06/2026-22735/heightened-
requirements-for-foreign-importers-of-record
Thunderbolt Global Logistics, LLC will continue to monitor and advise any
updates/additions/revisions, etc. concerning the new Interim Final Rule.
Best Regards,
The Compliance Department
Thunderbolt Global Logistics, LLC