- To : Automated Broker Interface
Subject: BROKER APPLICANTS
TO : ALL ABI BROKERS.
FROM : THOMAS EDE
SUBJECT : BROKER APPLICANTS
DATE : 09/07/93
3230121
AUGUST 19, 1993
CATEGORY: BRO BRO-1-CO:TO:E:C
TO : ALL REGIONAL DIRECTORS (COMMERCIAL OPERATIONS),
DISTRICT DIRECTORS, AND AREA DIRECTORS
FROM : DIRECTOR, OFFICE OF TRADE OPERATIONS
SUBJECT: CUSTOMS POLICY ON PAST DRUG USE BY PROSPECTIVE BROKERS
PASS TO: BROKERS
BACKGROUND
THE RECENT CUSTOMS POLICY ON DRUG USE BY BROKER APPLICANTS
HAS BEEN BASED ON PAST COMMISSIONER WILLIAM VON RAAB'S "ZERO
TOLERANCE" MEMORANDUM OF APRIL 11, 1988, WHEREIN VIRTUALLY
ANY INDICATION OF DRUG USE SINCE SEPTEMBER 1986 WAS GROUNDS
FOR DENIAL OF THE LICENSE.
COMMISSIONER WEISE HAS MODIFIED THIS POLICY. THE NEW
CUSTOMS POLICY IS TO DECIDE LICENSE ISSUANCE WHERE PAST DRUG
USE IS A FACTOR ON A CASE-BY-CASE BASIS. WHILE EVIDENCE OF
THE PREVIOUS ILLEGAL USE OF DRUGS WILL STILL BE A
SIGNIFICANT NEGATIVE FACTOR, IT WILL BE CONSIDERED IN THE
CONTEXT OF THE APPLICANT'S TOTAL RECORD INCLUDING, BUT NOT
LIMITED TO, CHARACTER REFERENCES AND THE RECOMMENDATION OF
THE DISTRICT DIRECTOR.
ACTION
INFORM THE LOCAL TRADE COMMUNITY THAT WE WILL RECONSIDER THE
LICENSE APPLICATIONS OF ANY APPLICANTS WHO HAVE BEEN DENIED
LICENSES SOLELY ON THE BASIS OF A RECORD OF THE ILLEGAL USE
OF DRUGS SINCE SEPTEMBER 1986. ANY REAPPLICATIONS SHOULD BE
IN LETTER FORMAT, AND MUST CONTAIN THE FOLLOWING:
(1) THE DATE AND LOCATION OF THE ORIGINAL APPLICATION.
(2) THE DATE OF THE CUSTOMS DENIAL OF THE LICENSE.
(3) THE STATUS OF ANY APPEAL OR COURT ACTION.
(4) THE DATE AND A BRIEF DESCRIPTION OF THE DRUG RELATED
INCIDENT WHICH YOU BELIEVE WAS THE BASIS OF YOUR DENIAL.
(5) ANY FACTORS FROM YOUR PERSONAL AND PROFESSIONAL LIFE
WHICH MAY SERVE TO MITIGATE THE SERIOUSNESS OF THE
INCIDENT IN (4) ABOVE.
PHILIP METZGER