Wednesday, January 1, 2014

US Customs and Border Protection Provides Guidelines for After-Lease Service

Through use of the Freedom of Information Act (FOIA), PACE has obtained documents produced by the US Customs and Border Protection (CBP) Office of Field Operations providing guidance related to after-lease service agreements. This guidance is one of the "deliverables" promised under the Beyond the Border Agreement.

A CBP Memorandum dated February 22, 2013, instructs CBP Field Operations Directors that policies regarding admission to provide after-sales service also extend to admission to provide after-lease service. 

The Memorandum directs that applicants “seeking admission into the U.S. to provide services to commercial or industrial equipment, machinery or computer software, that has been leased from an enterprise located outside the United States, should be processed under 8 CFR 214.2(b) as B-1 visitors for temporary business.” Such applicants “should be able to establish the terms of the lease agreement between a foreign entity and a U.S. based entity, including that the lease calls for service during the period of the lease.”

A copy of the Memorandum and other information relevant to the FOIA is available here.

Individuals applying for admission in order to provide after-lease service are held to the same general criteria as all B-1 visitors, including employment status with a foreign entity; a foreign residence they do not intend to abandon; their principal place of business and place of remuneration in a foreign country; their visit for business is temporary in nature; and an understanding that the nature of the business does not include ordinary labor for hire. A detailed article about B-1 visitors is available here.