CSMS # 55089076 - REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to 12/19/2022 to be Satisfied by 2/17/2023

U.S. Customs and Border Protection sent this bulletin at 02/13/2023 05:19 PM EST

Cargo Systems Messaging Service

CSMS # 55089076 - REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to 12/19/2022 to be Satisfied by 2/17/2023

The deadline for a broker with a power of attorney (POA) executed prior to December 19, 2022 to satisfy the POA requirement under 19 CFR 111.36(c)(3) of the customs broker regulations is Friday, February 17, 2023.

The new regulation states that 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.

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.

All broker POAs executed on or after December 19, 2022 must be executed pursuant to the requirements in 19 CFR 111.36(c)(3) established by the Modernization of the Customs Broker Regulations Final Rule (87 FR 63267).

For additional guidance on the broker POA requirement please review CBP’s Customs Broker Frequently Asked Questions. 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.

Questions regarding this message should be sent to: Broker Management Branch, Office of Trade at brokermanagement@cbp.dhs.gov

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