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CBP compliance focus, requesting
verification of POA
International trade regulations are being enforced as U.S. Customs and Border Protection (CBP) implements procedures to secure the nation’s borders. As a result, customs brokers and importers must comply with multiple requests and requirements.
Avalon recently obtained a letter sent from CBP directly to importers in the New York/New Jersey area, highlighting the agency’s verification of customs brokers authorized to transact business as attorney-in-fact.
The letter requested a copy of each power-of-attorney granted to customs brokers during the past two years, stating, “If your company does not have copies of any power of attorney that was granted to an authorized broker, please so indicate; however, we request that you do not obtain copies from the broker,” in accordance with regulation 19 CFR 141.46.
Per this regulation, a fine of $1,000 will be imposed on customs brokers for each power-of-attorney not on file. The fine may be mitigated to $250 to $500 for a first-time offense.
The letter included an attached form for the importers to list the company’s authorized customs broker(s) and whether
power-of-attorney was granted. Importers were then instructed to return the form to CBP’s Office of Regulatory Audit. To view the letter in full, please
click here.
According to the CBP Web site, the agency considers Regulatory Audits “A risk-based approach to assess import compliance with trade laws and regulations. The audit reviews provide a systematic approach to data collection and an analysis of data to determine the likelihood of non-compliance, which includes assessing risks by reviewing corporate controls over trade compliance.”
Customs brokers must keep up with the additional burden of adjusting to CBP’s procedures. Avalon Risk Management, Inc. understands the problems encountered and provides comprehensive programs to support compliance.
Expanded Regulatory Defense provides defense costs for fines and penalties assessed against your company by various government agencies including CBP, such as the $1,000 penalty per 19 CFR 141.46, which can be assessed for each violation. While the policy does not pay the actual fine itself, Expanded Regulatory Defense appoints a legal expert to assist in mitigating or extinguishing the penalty and pays all legal fees in full.
To find out more, please view our
Combined Transit Liability (CTL) Brochure or
Application.
For further information, contact Andriana Davis, Product Manager at Avalon’s corporate headquarters. Andriana Davis can be reached at (847) 700-8087 or at
adavis@avalonrisk.com. Please do not hesitate to contact one of our nine regional offices throughout the United States.
To view a directory of Avalon’s office locations, please
visit our Web site at
www.avalonrisk.com.
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