The term “Informed Compliance” was formally introduced in the United States with the enactment of the Customs Modernization and Informed Compliance Act (the Mod Act) in 1993. The concept evolved from what had been a somewhat strained and often adversarial relationship between Customs and the trade community.
Under the concept of Informed Compliance, trade compliance is considered a shared responsibility between Customs and the trade community. It requires Customs to clearly and effectively communicate its requirements to the trade and, in return, the business community is obligated to conduct its regulated activities in accordance with U.S. laws and regulations. Under the Mod Act, importers are required to exercise “reasonable care” in carrying out their legal responsibilities and ensuring entries are correct and proper duties are paid.