Trade-law enforcement failure isn't partisan—it's systemic. As frontline industry operators, we've used the tools, engaged the agencies, and invested tens of millions over several administrations. Our collective experience makes clear what isn't working—and what must come next.

Transparency drives accountability. Accountability drives urgency. Put agency scorecards on the clock. Then act: stand up a real trade-crime unit (PAIL), add speed and deterrence with a private right of action (Fighting the Trade Cheats), open all border data (Manifest Modernization), and require importers to have accountable representatives on U.S. soil—end non-resident importing.

1. Assessing America's Trade Enforcement System

Public Transparency

We propose establishing a White House–led Working Group on Trade Law Enforcement to confront chronic under-enforcement across the Federal trade-enforcement system, a problem rooted in fragmented authorities, the absence of outcome-based performance metrics, and other systemic gaps identified by oversight bodies and industry alike. This Working Group—bringing together OMB, DOJ, DHS (CBP and HSI), Treasury, Commerce, USTR, NEC, and the Federal Maritime Commission—would examine how enforcement functions today, map processes and authorities, develop shared cross-agency enforcement metrics, recommend clear governance and accountability structures, and propose the process, regulatory, and statutory reforms needed to support them.

Within 90, 180, and 270 days, the Working Group would deliver sequenced recommendations to the President, culminating in a unified, transparent framework for measuring investigations, collections, deterrence, and overall enforcement performance. The proposal is designed to initiate a meaningful course correction in U.S. trade-law enforcement—addressing long-standing structural weaknesses, establishing real accountability, and putting Federal enforcement on a path of continuous improvement that protects lawful U.S. industry and Federal revenue while ensuring that trade laws are enforced in a consistent, timely, and genuinely consequential manner.

Download Full Metrics Guide (PDF)

Suggested Metrics:

DOJ Criminal Division (Trade Fraud Task Force)

Periodic Reporting

DOJ Civil Division (False Claims Act)

Periodic Reporting

CBP/DOJ Civil (19 U.S.C. §1592)

Administrative Penalties

CBP EAPA (Enforce and Protect Act)

Anti-Evasion

2. Pass the Protecting American Industry and Labor Act in 2025

Legislation - Empower DOJ

The PAIL Act establishes a Trade Crime Unit, centers criminal cases—backed by civil actions—gives one office the power to coordinate across agencies, and holds enforcement to measurable results.

The PAIL Act passed the House in the 118th (Dec. 2024), stalled in the Senate’s hotline process (2 votes blocked it), and was reintroduced in the 119th as H.R. 1869 (41 cosponsors)

Key Provisions:

Assigns $20M to staff and build an authorized Trade Crime Unit inside the Criminal Division of the DOJ.
Charges the new Unit with interagency coordinating responsibility and training
Requires yearly reporting on effectiveness to Congress through the Attorney General

View Full Legislation Text

3. Pass the Fighting the Trade Cheats Act in 2026

Legislation - Empower Industry

This bill modernizes Anti Dumping/ Countervailing Duty (AD/CVD) trade-fraud enforcement—closing loopholes exploited by evolving evasion schemes and empowering industry with private right of action that would be conducive to faster, harder-hitting remedies that deter, disrupt, and punish.

Key Provisions:

Creates a private right of action for customs fraud, but only for industries that already have Anti-Dumping or Countervailing Duty (AD/CVD) orders in place, with treble damages and injunctive relief
Raises penalties and authorizes import bans (five years for fraud; two years for gross negligence)
Disqualifies repeat violators and affiliates from Importer-of-Record status to stop shell-company hopping

View Full Legislation Text

4. Pass the Manifest Modernization Act of 2025 in 2025

Legislation - Transparency

Close a decades-old loophole and brings much-needed transparency to half of U.S. imports that currently escape scrutiny by government agencies and watchdogs.

Amendment #3850, a proposed inclusion in the NDAA, is a commonsense fix to a drafting error that has left half our imports in the dark for nearly 30 years.

Key Provisions:

Proposes to amend the Tariff Act of 1930
Makes air, truck, and rail import manifests public (like ocean manifests already are)

View Full Legislation Text

5. End the Non-Resident Importer Regulatory Authorization

Enforcement Reform

The NRI provision lets “ghost importers” bring goods into the U.S. while keeping real accountability offshore. Under today’s rules, a foreign company can act as the importer of record simply by naming a U.S. agent for service of process and posting a bond. That makes it far harder to investigate fraud, collect penalties, or bring criminal cases when things go wrong.

Only Canada, South Africa, and Japan (via ACP) maintain a similar regulatory authorization. All other jurisdictions either require a locally established importer or force non-residents to use an indirect representative who becomes the liable party—so there’s no true NRI shield.In stark contrast, China doesn’t have an NRI regime. To import commercially, the “importer/consignee” has to be a China-registered enterprise that’s recorded with China Customs (GACC).

Why These Five First

Strategic Implementation

These five work together: transparency drives urgency (#1), institutional capacity enables prosecution (#2), private enforcement adds speed and deterrence (#3), data visibility supports investigation (#4), and onshore accountability ensures consequences stick (#5).

Broader reforms are essential, but these steps can be implemented in short order—steps we can take now to start breaking the culture of impunityNOW.

Ready to Take Action?

Join American businesses standing up against trade crime and demanding enforcement that protects American workers and businesses.

Sign the Living Petition