CBP Reminds Brokers to Execute Existing POAs Directly by Feb. 17

CBP reminded customs brokers that their powers of attorney must be updated by Feb. 17 to comply with the agency’s Part 111 customs broker modernization final rule, in a CSMS message Feb. 13. Under the final rule, “a 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,” CBP said.

“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,” CBP said in the CSMS message. “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 had given brokers with POAs executed prior to the final rule’s Dec. 19 effective date a 60-day grace period until Feb. 17 to comply with the new requirements. The agency has said brokers should directly contact their clients by that date to request a confirmation from the importer that the terms of their POA remain acceptable (see 2212010056).