Powers of Attorney Issued to Customs Brokers
The new regulation states that a customs broker must execute a POA directly with an importer of record or drawback claimant (client) and not through a freight forwarder or other third party to transact customs business on behalf of the client. Reference 19 CFR 111.36(c)(3) of the Customs Broker Modernization Regulations
“The term ‘directly’ means the client must execute and sign the POA in direct communication with the broker and cannot have an agent or third-party sign or negotiate the POA in their stead. However, the client may have an agent, or third-party assist in executing the POA. For example, the client may have an agent provide translation services, provide counsel in reviewing the terms of a POA, or provide courier services to relay a written POA,” CBP said in a Feb. 13 CSMS.
For additional guidance on the customs broker POA requirement, review CBP’s Customs Broker Modernization Regulations FAQs. For more information on the regulations, visit CBP’s Customs Broker Modernization Regulations dedicated webpage. The Office of Trade’s Broker Management Branch will continue to engage with the public and the trade community to maintain transparency during the implementation of the new regulations. Read the full text of the Modernization of the Customs Broker Regulations Final Rule and the Elimination of Customs Broker District Permit Fee Final Rule.
CBP said questions regarding this message should be sent to the agency’s Broker Management Branch, Office of Trade at email@example.com.
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