CBP Notice on Brokers Validating Powers of Attorney for National Security Purposes, Etc
U.S. Customs and Border Protection (CBP) has issued an ABI administrative message regarding ways that brokers can validate powers of attorney (POA).
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CBP states that because the POA can authorize the movement of conveyances and merchandise into the U.S., it is critical that it be examined carefully. By ensuring that each POA is valid, the broker joins CBP on the national security frontlines in verifying the data used to screen what enters the U.S.
In addition to security, the broker's own professional business interests and continuing obligation to demonstrate "reasonable care" require verification of the POA grantor's identity and legal authority (position in a company or partnership) to enter into a POA.
Some Ways that Brokers Can Validate POAs
According to CBP, the following are some of the ways that a broker can validate a POA:
To the greatest extent possible, have POAs completed in person so the grantor's personal identification (driver's license, passport, etc.) can be reviewed.
Check applicable Web sites to verify the POA grantor's business and registration with state authorities.
If the principal uses a trade or fictitious name in doing business, confirm that the name appears on the POA.
Verify that the importer's name, importer number and employer identification number (also known as the federal tax identification number) on the POA match what is in the Automated Commercial System (ACS).
Check whether the POA grantor is named as a sanctioned or restricted person or entity by the U.S. government. (See the "List to Check" at http://www.bis.doc.gov/complianceandenforcement/index.htm.)
CBP contact - Broker Management Branch (202) 344-2580
CBP Adm: 05-0441 (dated 04/20/05) available by emailing a request to documents@brokerpower.com