As of December 19, 2022, in order to transact customs business on behalf of a client, a broker must execute a power of attorney (POA) directly with an importer of record (IOR) or drawback claimant (client), rather than through a freight forwarder or other third party. If the POAs executed prior to 12/19/2022, CBP will permit the requirement identified in the Modernization of the Customs Broker Regulations Final Rule (87 FR 63267) under 19 CFR 111.36(c)(3) to be satisfied by February 17, 2023. To ensure that a POA has been directly executed with an importer or drawback claimant by this date, brokers should take steps to affirm the POA via direct communication with the IOR or client.
In order to be in compliance with U.S. Customs and Border Protection (CBP) regulations, brokers must execute power of attorney directly with importers of record or drawback claimants, and not through a freight forwarder or other unlicensed third party. The term “directly” means that the importer of record or claimant must execute and sign the power of attorney by directly communicating with the broker, and cannot have an agent or third party sign or negotiate the agreement on their behalf. However, the importer of record or claimant may have an agent or third party assist in executing the power of attorney agreement, for example, by providing translation services; providing counsel in reviewing the terms of the agreement; or by providing courier services to relay a written copy of the agreement.
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