Question: Hello Members, question on power of attorney/Designation as export forwarding agent. there is a clause of the POA that states”******* d/b/a ************** Terms and Conditions of Service governing all transactions between the parties; and waives the confidentiality requirements of Sections 111.24 of the Customs Regulations and the requirements in Section 111.36 of the Customs […]
Question: We are a customs brokerage company (A) and are going to acquire another brokerage company (B). B will begin to file using company A’s filer code, software, become employees of, etc. We have a “blanket” POA, B to A, but how much times does A have to secure new POA’s from company B’s importers? […]
Question: Dear All, With close to 100% of all POAs issued to brokers being rec’d. via E-mail, are any brokers still printing out a hard copy for their record retention? I know the requirement states to maintain in the method that you rec’d. It just always seemed a good practice, and easy enough, to print […]
Question: I know a new POA is not required if the company officer changes, but what about if the company moves to a new address, is a new POA required? We know a 5106 updated will be necessary to update the address with CBP. Answer 1: I don’t think by law it is required but […]
Question: When granting a power of attorney to a customs broker, where do you insert your company’s dba, or fictitious name? In the same blank as the grantor’s name? Or in the “Doing business as” field? As most POA forms read, which is correct: KNOW ALL MEN BY THESE PRESENTS: That, ABC Company, dba XYZ […]
Question: Questions for brokers, have you ever has CBP request an original power of attorney with a wet signature? Answer 1: Yes. The requirement is that the broker produce an ‘original POA’ upon request of CBP. This is best practice. Answer 2: A broker may satisfy the requirements of 19 CFR 141.46 by retaining “faxed” […]
Are there are any issues regarding the exchange of Customs Business advice in the absence of a POA? ============================================================= Answers: Read this federal register notice: https://www.federalregister.gov/documents/2003/08/11/03-20327/performance-of-customs-business-by-parent-and-subsidiary-corporations ============================================================== This is a great question! I noticed that you used the words “Customs Business advice.” So, I assume that you are or will be advising a client (or […]
QUESTION: Despite having a valid POA from my company (a corporation) with the usual “valid until revoked” language, a customs broker has just told me that Customs POAs go inactive if there aren’t 2 transactions in 12 months. They said it was a “Customs rule” but it feels more like an internal rule at the […]
QUESTION: We have a consultant classifying our parts and some machines / equipment as well. Until recently, we have never signed a POA for it to do the classifications. In the last month or so, the consultant has asked if we would sign one. Well, it looks like a regular customs broker POA (with language […]
QUESTION: We are establishing two Maquiladora in Mexico now we need a Mexican customs broker and we are planning to issue a POA or POA’s. We will have two Mexican different entities producing different materials we also have a shelter company assisting the implementation of the two maquilador. The question here is who suppose to […]
QUESTION: We ship many transactions to Mexico that are “Routed Transactions”. Our products do not require a license for export. Most products are EAR99 or 2B999. We have much trouble trying to obtain a copy of the power of attorney between our client and their freight forwarder, as delineated in the Export Regulations for “Routed […]
QUESTION: Taking into account 19 CFR §141.34 Duration of Power of Attorney Powers of attorney issued by a partnership shall be limited to a period not to exceed 2 years from the date of execution. All other powers of attorney may be granted for an unlimited period. This discussion pertains to “non-expiring” POAs that are […]
