Lobbying As a Function of Your

Business

Some Things Never Change

“If the present Congress errs in too much talking, how can it be otherwise in a body to which the people send one hundred and fifty lawyers, whose trade it is to question everything, yield nothing, and talk by the hour?” Thomas Jefferson

WHY?

• Being Engaged Keeps You Ahead of Emerging Ideas and Keeps You Looking at the Future.

• Comic Relief or a Deadly Serious Process?• You are the Expert – Your Knowledge and Ideas

can shape legislation.• Yours is a highly–legislated, high-regulated

industry. You are at their mercy.• Yours is a highly-competitive industry. Can you

afford not to be “in the know?”

Example #1: 10+2

• A security filing involves data that brokers, forwarders and OTIs maintain.

• Who will file? The broker? The American forwarder or NVO? The Overseas entity?

• What are you doing to position your company? To compete for new business? To keep your clients reliant on your expertise?

What NCBFAA Has Done

• Negotiated with CBP before the legislation was passed, to protect the industry.

• Hosted multiple sessions, including at the annual meeting, via Webinar, and soon at the GAC

• Submitted comments on “customs business” and met repeatedly with CBP.

• Communicated--We are in constant contact with CBP as they issue the NPRM and implement the concept.

Legislation

The Good,

The Bad, and

The Sublime

Good

• What constitutes “good”? Who decides?

• Good is harder to pass than bad is to defeat.

• Sizing up the bill:– Who’s for it? Who’s against it?– What are the equities?– How much visibility must it get?

Example # 2: CAFTA

• President & Republicans versus Democrats

• Labor versus apparel & retail industries• Protectionists versus free traders• Trading options in the Caribbean and

Economic Stability in the Region• Expanded trade for the Gulf Region and

strong Business Interest for Brokers • High visibility leads to strong debate

Bad

• Again, how do we determine what’s bad?• What’s the level of danger? Is passage of

legislation possible? Imminent?• At whom is the rifle pointed? The broker?

The importer? A subset by region or market?

• So, who bears the burden of defeating it? Are they competent and likely to succeed?

Example # 3: Scanning

• Example: 100% scanning• Cost is borne by the importer, but is the

broker/forwarder a potential casualty?• Are requirements realistic and, if not, who is

accountable?• Homeland security as a trump card• Port and air security as a political point while

substance retreats to the rear• The tactics of both sides

The Sublime

• Finding an issue unique to our industry and finding universal support.

• Keeping visibility low, “flying below the radar.”

• Getting someone interested enough to be your champion.

• Looking for a vehicle.

Example #4: Bankruptcy

• Example: Bankruptcy reform• Local organizations make the case• Getting support and explaining why

brokers/sureties trump other creditors• Being patient and letting time pass

Lobbying Process

• Monitoring• Establishing priorities – getting feedback• Knowing when to strike• Mobilizing the membership tailored to the

situation• Finding allies and identifying enemies• Framing the issue• Strategizing - the right strategy is critical

Everyone’s Role

• Lobbyist/Association – QB & FO

• Individual companies Know what your interested in Devote time to follow issues Work within your association on committees, at meetings,

locally……… Respond when you’re asked, but ask why Present--Be articulate, concise, public-interested, vocal Seek ways to develop your channels of communications Evaluate results in terms of your own company’s future

Stay Tuned-Stay Engaged

• GAC—Lobby and Learn

• Quarterly Advocacy Webinars