On March 11, the Securing Accountability in Foreign Entries (SAFE) Act was introduced as a bicameral effort led by Senator Bill Cassidy, with a companion bill in the House by Representative Jodey Arrington, aimed at significantly tightening the rules governing non-resident importers. The legislation is intended to improve accountability in the U.S. customs system by restricting who may act as an importer of record (IOR), while preserving established practices for trusted trading partners such as Canada. Under the bill, IOR eligibility would be limited to U.S.-located firms with at least one full-time U.S. citizen or green-card holding employee; foreign affiliates of U.S. companies with a minimum three-year operating history, at least 1,500 employees, and at least $1 million in annual revenue if designated jointly liable for duties; or qualifying Canadian or Australian companies, with a pathway for other countries to qualify under strict reciprocity standards approved by USTR and CBP.
The bill also directs CBP to promulgate regulations within 360 days on how it will verify that IORs meet the requirements. CBP must independently verify IOR eligibility, explicitly prohibiting reliance on assurances from customs brokers or sureties, with the new requirements taking effect one year after enactment. These measures are designed to address ongoing enforcement challenges, particularly where foreign-based importers engage in fraudulent practices such as misclassification or undervaluation of goods and subsequently evade penalties by operating outside U.S. jurisdiction, leaving CBP to recover only against the import bond. To strengthen financial accountability, the legislation would increase the minimum continuous import bond to $100,000, effective within 60 days for new IORs and upon renewal for existing bonds within 360 days, which stakeholders indicate could significantly reduce bond insufficiency issues and associated administrative burden.
Additional provisions would require importers to establish a U.S. bank account verified under anti-money laundering and customer identification program requirements prior to their first entry, a measure intended to curb the use of shell companies and improve traceability of bad actors. The bill also includes restrictions on individuals serving as IOR for multiple entities, with limited exceptions for certain express carriers, and clarifies limitations on the use of customs broker bonds unless the broker is acting as the IOR. While some ambiguity remains regarding the application of these provisions to individual brokers, the legislation overall represents a substantial shift away from the longstanding practice that allowed foreign companies without a U.S. presence to act as IORs through a bond and a U.S. agent.
If enacted, the SAFE Act would introduce a significantly stronger shift in U.S. import policy, reshape compliance obligations, and have implications for foreign sellers, marketplaces, logistics providers, and other stakeholders that rely on NRI structures.
For the full text of the bill, please refer to: Text - H.R.7812 - 119th Congress (2025-2026): Securing Accountability in Foreign Entries Act | Congress.gov | Library of Congress