NCBFAA Counsel Update: What Trade Professionals Must Prepare for in 2026

Laurie Arnold

Nicole Bivens-Collinson — Legislative Advisor, NCBFAA

Cindy Thomas — Counsel, Partner Government Agencies

Ashley Craig — Transportation Counsel

Lenny Feldman — Customs & Trade Counsel

December 17, 2026

~50 min.

Global Training Center

This episode concludes Simply Trade’s four-part special collaboration with the National Customs Brokers & Forwarders Association of America (NCBFAA), with NCBFAA hosting its own in-depth legal roundtable focused on what trade professionals must prepare for in 2026.

Moderated by Laurie Arnold, Secretary of NCBFAA, this candid discussion brings together the association’s legal counsel to unpack legislative priorities, regulatory uncertainty, enforcement trends, and agency staffing challenges impacting customs brokers, freight forwarders, and the broader trade community.

From tariff volatility and BIS rulemaking to FMC enforcement, PGA staffing shortages, and heightened CBP scrutiny, this final episode provides practical guidance and forward-looking insight for navigating an increasingly complex compliance environment.

Nicole Bivens-Collinson highlights legislative activity to monitor closely, including:

Potential restrictions on non-resident importers acting as importers of record

The proposed ADAPT Act, designed to curb last-minute tariff changes by requiring advance notice and implementation timelines

NCBFAA continues advocating for policy that is predictable, transparent, and operationally realistic for the trade community.

Cindy Thomas explains how Partner Government Agencies are experiencing:

Accelerated retirements and buyouts

Loss of institutional knowledge

Inconsistent enforcement and communication

Despite these challenges, agencies increasingly rely on NCBFAA to help communicate policy changes clearly and consistently to the trade community.

Ashley Craig discusses the Bureau of Industry and Security (BIS) 50% rule, currently suspended for one year:

The rule is expected to return in some form

Congressional intervention remains possible

Due diligence expectations on intermediaries continue to grow

The panel stresses that this pause should be used to prepare — not delay.

Ashley also outlines increasing enforcement activity by the Federal Maritime Commission (FMC), including:

Heightened scrutiny of tariffs and service contracts

Significant recent penalties

Ongoing regulatory uncertainty driven by staffing changes

Transportation compliance remains a key risk area heading into 2026.

Lenny Feldman provides insight into:

Aggressive CBP enforcement tied to tariff programs

Significant increases in duty collections through entry summary reviews

Elevated penalty exposure without mitigation strategies

He emphasizes proactive compliance, internal reviews, and preparation before CBP initiates enforcement actions.

Panelists recommend:

Ensuring importers maintain active ACE Portal access

Monitoring liquidation timelines and protest deadlines

Reviewing valuation, classification, and origin methodologies

Updating broker terms & conditions and powers of attorney

Conducting internal compliance reviews proactively

Preparation is no longer optional — it is essential.

Enforcement is increasing across CBP, BIS, FMC, and PGAs

Legislative and regulatory volatility is the new normal

NCBFAA advocacy plays a critical role in shaping workable policy

Brokers and forwarders are more essential than ever as compliance partners

Proactive strategy consistently outperforms reactive defense

National Customs Brokers & Forwarders Association of America (NCBFAA)

U.S. Customs and Border Protection (CBP)

Bureau of Industry and Security (BIS)

Federal Maritime Commission (FMC)

Animal and Plant Health Inspection Service (APHIS)

Consumer Product Safety Commission (CPSC)

ACE Portal (Automated Commercial Environment)

Section 232, 301, and 201 Tariffs

BIS 50% Rule

BIS Affiliate Rule

ADAPT Act (Proposed)

Ocean Shipping Reform Act of 2022

Guest Host & Moderator:

Panelists:

Nicole Bivens-Collinson — Legislative Advisor, NCBFAA

Cindy Thomas — Counsel, Partner Government Agencies

Ashley Craig — Transportation Counsel

Lenny Feldman — Customs & Trade Counsel

Presented by:

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