how to vet a customs "power of attorney" from a china company

by Anya Funk II 8 min read

Here are some ways the broker can validate a Power of Attorney:

  • To the greatest extent possible, have POA’s completed in person so the grantor’s unexpired government issued photo identification (driver’s license, passport, etc.) can be reviewed.
  • Check applicable web sites to verify the POA grantor’s business and registration with the State authority.
  • If the principal uses a trade or fictitious name in doing business, confirm that the name appears on the POA.

Full Answer

What is a customs power of attorney for import from China?

Sourcing » Import From China » Customs Power of Attorney A customs broker needs a customs power of attorney when running a customs business or doing transactions with other customs business activities when importing from China. They need it for determining the relevant shipping documentation.

How to verify the customs power of attorney form?

The chief executive officer can verify the power attorney document by searching for the Registering Authority. This sector is known for checking or verifying the POA documents for customs brokers in its partnership with other customs businesses. Thus, before running a customs business, the holder should verify the customs power of attorney form.

What is a shipping POA or a customs power of attorney?

In a nutshell, a shipping poa or a customs power of attorney is required by the freight forwarder to run an affiliate customs business on someone’s behalf. This document ensures the reliability of international transactions in a customs business or corporation.

Do I need power of attorney for a customs broker?

Power of Attorney is required any time an importer works with a customs broker to clear goods, whether the importer is a resident or non-resident, an individual, or business. There is no situation where you can legally work with a customs broker for importing in the United States without giving them Power of Attorney.

What is a POA in international shipping?

A power of attorney (POA) is a legal document used in shipping to grant a customs broker the authority to process Customs clearance on your behalf. A signed POA is necessary in order to clear your goods through US Customs.

What is POA for custom?

A power of attorney is a legal instrument authorizing an entity or person to act as the attorney or agent of the grantor. Tahoco Logistics, Inc. requires all its clients to provide a valid power of attorney in order that we may transact U.S. Customs Business as required by law or regulation on our client's behalf.

Who is responsible for customs paperwork?

Customs Brokers are licensed by U.S. Customs and Border Protection (CBP) to conduct CBP business on behalf of importers. They take the burden of filling out paperwork and obtaining a CBP bond off of the importer's hands.

What documents are required for US customs clearance?

There are four documents you need to clear imports into the United States.COMMERCIAL INVOICE. Country of Origin should be included on every commercial invoice. ... PACKING LIST. The packing list is provided by the freight forwarder or shipper. ... BILL OF LADING (BOL) ... ARRIVAL NOTICE.

What is FedEx power of attorney?

A power of attorney (PoA) is written authorization to represent or act on another's behalf in business, private affairs or other legal matters. In terms of clearance for import and export, a signed PoA enables FedEx to act on behalf of our customers when filing customs declarations and all related actions.

What is export POA?

POA:Power Of Attorney, an authorization granted by consignee or importer to its customs broker for the processing of customs clearance on its behalf.

How long does China customs clearance take?

When selected for customs inspection, the result will be either the shipment is returned to the shipper or the personal goods must be abandoned. The return process takes around one month. Partially abandoned shipments require a Customs officers' approval, which will take one week.

How long does customs hold packages from China?

Rules of thumbs for lead times (in regular conditions) are 1-2 weeks for regular post, 3 days for air express freight, 8-10 days for air freight, and 30-40 days for ocean freight.

How much does a customs broker charge?

US Customs collects this fee on most shipments that enter the country. It's calculated at 0.3464% of the entered value (the cost of the merchandise, as entered on the commercial invoice you provide to your customs broker), with a minimum of $27.23 and a maximum of $528.33.

What are the three 3 main documents required for import customs clearance?

• Customs for the clearance of imports consists of:Import Declaration.Bill of Lading (B/L) or Air Waybill.Invoice.Packing List.Import License (if applicable)Certificates of Origin (if applicable)Other relevant documents such as catalogue, product ingredients, etc.

How many days does customs clearance take?

The overall average time POST CUSTOMS, which is the cargo movement process at the port terminal is 4 days, 16 hours and 39 minutes.

What is the procedure of customs clearance?

The importer of the goods should file a bill of entry (customs copy) electronically for the clearance of the goods, before or on arrival of the goods. In the bill of entry, the duty and taxes to be paid is assessed by the importer himself and this is called self- assessment.

What do you mean by POA?

power of attorneyWhat is a power of attorney (POA)? A power of attorney is a legal document that allows someone else to act on your behalf. Powers of attorney can be helpful to older people and others who want to choose a trusted person to act when they cannot.

What is the long form of of POA?

Power of AttorneyFull Form of POA stands for Power of Attorney. It is a document that authorizes the holder to represent or act on behalf of POA provider in affairs related to business, private, or other legal matters. The person granting the right or authorizing to represent on his behalf is the grantor or principal to the POA.

What is power of attorney documentation for UPS?

"POWER OF ATTORNEY DOCUMENTATION IS MISSING AND IS REQUIRED FOR CLEARANCE. WE'RE WORKING TO OBTAIN THIS INFORMATION." This basically means the receiver of the package must authorize UPS on their behalf to manage that package through customs. Usually UPS will contact the receiver directly to resolve this issue.

What ISF means?

Importer Security FilingUnder the new rule, before merchandise arriving by vessel can be imported into the United States, the “Importer Security Filing (ISF) Importer,” or their agent (e.g., licensed customs broker), must electronically submit certain advance cargo information to CBP in the form of an Importer Security Filing.

How to verify a power of attorney?

Here are some ways the broker can validate a Power of Attorney: 1 To the greatest extent possible, have POA’s completed in person so the grantor’s unexpired government issued photo identification (driver’s license, passport, etc.) can be reviewed. 2 Check applicable web sites to verify the POA grantor’s business and registration with the State authority. 3 If the principal uses a trade or fictitious name in doing business, confirm that the name appears on the POA. 4 Verify that the importer’s name, importer’s number and Employer Identification Number (also known as the Federal Tax Identification Number) on the POA match what is in ACE. 5 Verify the importer’s address is a “brick and mortar” location on a public mapping program, and not simply a “postal box” or undeveloped parcel of land. 6 Dial the provided phone landline number for authentication. 7 Cross-check the provided information through a third party entity, ie: credit report, DUN’s number, or similar business identifying entity. 8 Access the client’s website for depth of content versus only a surface containing a landing page. 9 Check whether the POA grantor is named as a sanctioned or restricted person or entity by the U.S. Government. See the Bureau of Industry and Security’s Export Enforcement ( https://www.bis.doc.gov/index.php/oee ).

What is required to enter into a POA?

In addition to security, the broker’s own professional business interest and continuing obligation to demonstrate “reason able care” require verification of the POA grantor’s identity and legal authority (position in a company or partnership) to enter into a POA .

Can a broker validate a power of attorney?

Here are some ways the broker can validate a Power of Attorney: To the greatest extent possible, have POA’s completed in person so the grantor’s unexpired government issued photo identification (driver’s license, passport, etc.) can be reviewed.

What can a customs broker do with a power of attorney?

Once Power of Attorney is established, your customs broker can generally: Endorse, sign, or declare requests for delivery, entry, or withdrawal; Process any declaration, certificate, protest, bill of lading, or affidavit; Collect drawback and duty refunds; and. Act as a grantor of any bond required for importing.

Why is Power of Attorney Essential?

Regardless of the situation, the principle is the same; legal authorization to act on your behalf, in whatever capacity you decide.

How long does a power of attorney last?

If you’re establishing Power of Attorney (PoA) as a partnership (instead of as a corporation, sole proprietor, or individual) the PoA must be limited to a maximum of two years. If the partnership members change at any time during the agreement’s term, the previously signed PoA becomes invalid and a new agreement must be obtained.

Who must be able to prove they have the authorization to do so if challenged by law?

Whoever signs the agreement must be able to prove they have the authorization to do so if challenged by law. If you want someone who isn’t legally authorized to sign the PoA agreement — a buying director, for example — they must be given Power of Attorney by the company before they can sign a PoA customs agreement.

Do customs brokers work for the government?

We’re licensed — we’ve passed all the exams — and we’re professionals, but we don’t actually work for CBP or the federal government. When you, an importer, contact a customs broker, we need to establish a legal connection so that we can work with CBP for you: Power of Attorney.

Who is authorized to sign a contract?

Whoever signs the agreement must be authorized to do so, which means anyone with the title of President, Vice-President, Secretary, or Treasurer. Equivalent titles and roles that may substitute as the authorized person include Chief Executive Officer, Chief Operating Officer, and Chief Financial Officer.

Do you need to notarize a power of attorney?

Second, your Power of Attorney document does not need to be notarized. You only need to ensure whoever signs the agreement was authorized to do so by appropriate company heads. Finally, a customs agreement for Power of Attorney only authorizes the broker to work on your behalf with regards to customs business.

Who can execute a power of attorney for the transaction of Customs business incident to the trusteeship?

A trustee may execute a power of attorney for the transaction of Customs business incident to the trusteeship.

Who will forward a copy of a power of attorney?

Upon request of a party in interest, a Center Director or port director having on file an original power of attorney document (which is not limited to transactions in a specific Customs location) will forward a certified copy of the document to another Center director or port director.

How long can a power of attorney last?

Powers of attorney issued by a partnership shall be limited to a period not to exceed 2 years from the date of execution. All other powers of attorney may be granted for an unlimited period.

Can a power of attorney be accepted by a nonresident principal?

A power of attorney executed by a nonresident principal shall not be accepted unless the agent designated thereby is a resident and is authorized to accept service of process against such nonresident.

Can a power of attorney be revoked at any time?

Any power of attorney shall be subject to revocation at any time by written notice given to and received by CBP, either at the port of entry or electronically.

Can an individual be an unpaid agent for customs?

An individual ( but not a partnership, association, or corporation) who is not a regular importer may appoint another individual as his unpaid agent for Customs purposes by executing a power of attorney applicable to a single noncommercial shipment by writing, printing, or stamping on the invoice, or on a separate paper attached thereto, the following statement:

Do customhouse brokers need a power of attorney?

Before transacting Customs business in the name of his principal, a customhouse broker is required to obtain a valid power of attorney to do so. He is not required to file the power of attorney with CBP. Customhouse brokers shall retain powers of attorney with their books and papers, and make them available to representatives of the Department of the Treasury as provided in subpart C of part 111 of this chapter.