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

Episode: NCBFAA Counsel Update: What Trade Professionals Must Prepare for in 2026(Final Episode in the NCBFAA 4-Part Special Series) Guest Host & Moderator: Laurie ArnoldSecretary, 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: December 17, 2026 Length: ~50 min. Presented by: Global Training Center 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 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. Key Takeaways Enforcement is increasing across CBP, BIS, FMC, and PGAs Legislative and regulatory volatility is the new normal NCBFAA advocacy plays a criti