POAs to be Executed Directly with Importers and Brokers as of December 19, 2022

The U.S. Customs and Border Protection (CBP) Modernization of the Customs Broker Regulations Final Rule (87 FR 63267) will become effective on December 19, 2022.

As part of this Final Rule, a broker must execute a power of attorney (POA) directly with an importer of record (IOR) or drawback claimant (client), not through a freight forwarder or other third party in order to transact customs business on behalf of the client. The term “directly” means the IOR or 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 in their stead.

The CBP has noted as part of this Final Rule, for brokers with POAs executed prior to December 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.

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