Question: Regarding signatures on a corporate power of attorney for Customs brokers – 19 CFR Sec. 165.3 states that “[a] corporate power of attorney … must be signed by a duly authorized officer or employee of the corporation.” We construe this to mean someone within the corporation with actual legal authorization to bind the company, […]
Question: We are a broker and have a new importer. The address on their signed POA (old corp address, but address of their lab) does not match the address on the bond query (new corp address). We have told them that it must match so either the address on the POA needs to be corrected, […]
Question: Question: Is a Customs power of attorney required for an informal entry and a type 86 entry? I think that it is based on the fact that we are conducting Customs business on behalf of an importer, but just wanted to check with the membership. Answer 1: Yes since you “are conducting ‘Customs business […]
Question: One of our clients wants to send their previous Customs broker a letter advising them of the revocation of the POA initially sent to the Customs broker. They have asked us for an example or template of a letter. In researching the CFR Customs Regulations, 141.35 Revocation of power of attorney it only states […]
Question: We have a lot of shipments, US to Canada. We are engaging with a new Canadian customs broker, and they are telling us that an e-signature is not accepted by CBSA, is that correct? I know an e-signature is accepted in the US on powers of attorney. Answer 1: That is correct! As per […]
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 […]
