New Customs Broker Power Of Attorney Requirement Starts February 17

Feb. 15, 2021
By: Chaney A. Finn

The revised regulations at 19 C.F.R. Part 111 require, among other things, that powers of attorney (“POAs”) for Customs brokers be “directly” executed with the importer of record (“IOR”) or drawback claimant.
Now U.S. Customs and Border Protection (“CBP”) issued a CSMS message advising that brokers have until February 17, 2023 to re-execute any powers of attorney they had previously executed with freight forwarders or other third parties to act as brokers for IORs. The new requirement specifies that the IOR must execute and sign the POA by directly communicating with the broker instead of completing it through a third party or agent on their behalf. The message notes however, that the IOR may have a third party or agent assist in executing the POA. The new requirement took effect December 19th, with a 60-day grace period to February 17th. Other provisions in Part 111 on relationships with unlicensed parties also remain unchanged. Communications must be between the IOR and broker, however the freight forwarder may be copied in the communications. If you have any questions regarding Power of Attorney or any other trade related questions, do not hesitate to contact an attorney at Barnes, Richardson & Colburn, LLP.