Effective December 19, 2022 and pursuant to the revised 19 C.F.R. part 111.36(c)(3), Customs brokers must execute a power of attorney (POA) directly with the importer of record, and not an unlicensed third-party such as a freight forwarder, etc., in order to transact Customs business on behalf of the client. The term “directly” means the IOR or drawback claimant must execute and sign the POA by directly communicating with the broker and cannot have an agent or third-party sign or negotiate the POA on their behalf. However, the IOR or drawback claimant may have an agent or third-party assist in executing the POA, for example, by; providing translation services; providing counsel in reviewing the terms of a POA; or, providing courier services to relay a written POA.
For POAs executed prior to the effective date, CBP has stated it would permit brokers to comply with this requirement by February 17, 2023.
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