Episode:
NCBFAA Counsel Update: What Trade Professionals Must Prepare for in 2026
(Final Episode in the NCBFAA 4-Part Special Series) Guest Host & Moderator:
Secretary, National Customs Brokers & Forwarders Association of America (NCBFAA)
Panelists:
Nicole Bivens-Collinson — Legislative Advisor, NCBFAA
Cindy Thomas — Counsel, Partner Government Agencies
Ashley Craig — Transportation Counsel
Lenny Feldman — Customs & Trade Counsel
Published:
Length:
Presented by:
Episode Summary
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.
Key Learnings & Themes
1. Legislative Outlook for 2026
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.
2. PGA Engagement Amid Staffing Losses
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.
3. BIS 50% Rule: Paused, Not Eliminated
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.
4. FMC Enforcement & Transportation Risk
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.
5. Tariffs, CBP Enforcement & Revenue Collection
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.
6. Practical Steps Trade Professionals Must Take Now
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.
Key Takeaways
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
Resources Mentioned
Organizations & Agencies
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)
Trade & Compliance Topics
ACE Portal (Automated Commercial Environment)
Section 232, 301, and 201 Tariffs
Ocean Shipping Reform Act of 2022
Credits
Laurie Arnold — Secretary, NCBFAA
Nicole Bivens-Collinson — Legislative Advisor, NCBFAA
Cindy Thomas — Counsel, Partner Government Agencies
Ashley Craig — Transportation Counsel
Lenny Feldman — Customs & Trade Counsel
Global Training Center
Global Training Center on LinkedIn
Subscribe & Follow Simply Trade