CSMS 55089076·Operational·December 19, 2022·View on csms.cbp.gov ↗

REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to

Plain-English explanation

CSMS 55089076 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin (operational), published on December 19, 2022. It carries the official CBP guidance brokers and importers must follow for the topic — "REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to". CSMS messages are the operational layer between Commerce determinations and at-the-border collections: when Commerce publishes a new rate, scope ruling, or instruction, CBP turns it into a CSMS that ACE/ACS systems and brokers act on.

Message body

Full text as published by U.S. Customs and Border Protection

CSMS # 55089076 - REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to 12/19/2022 to be Satisfied by 2/17/2023 U.S. Customs and Border Protection sent this bulletin at 02/13/2023 05:19 PM EST Cargo Systems Messaging Service CSMS # 55089076 - REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to 12/19/2022 to be Satisfied by 2/17/2023 The deadline for a broker with a power of attorney (POA) executed prior to December 19, 2022 to satisfy the POA requirement under 19 CFR 111.36(c)(3) of the customs broker regulations is Friday, February 17, 2023. The new regulation states that a broker must execute a POA directly with an importer of record or drawback claimant (client) and not through a freight forwarder or other third party to transact customs business on behalf of the client. The term “directly” means the client must execute and sign the POA in direct communication with the broker and cannot have an agent or third party sign or negotiate the POA in their stead. However, the client may have an agent, or third party assist in executing the POA. For example, the client may have an agent provide translation services, provide counsel in reviewing the terms of a POA, or provide courier services to relay a written POA. All broker POAs executed on or after December 19, 2022 must be executed pursuant to the requirements in 19 CFR 111.36(c)(3) established by the Modernization of the Customs Broker Regulations Final Rule ( 87 FR 63267 ). For additional guidance on the broker POA requirement please review CBP’s Customs Broker Frequently Asked Questions . For more information on the regulations, visit CBP’s Customs Broker Modernization Regulations dedicated webpage . The Office of Trade’s Broker Management Branch will continue to engage with the public and the trade community to maintain transparency during the implementation of the new regulations. Read the full text of the Modernization of the Customs Broker Regulations Final Rule and the Elimination of Customs Broker District Permit Fee Final Rule . Questions regarding this message should be sent to: Broker Management Branch, Office of Trade at brokermanagement@cbp.dhs.gov Update your subscriptions, modify your password or e-mail address, or stop subscriptions at any time on your Subscriber Preferences Page . You will need to use your e-mail address to log in. If you have questions or problems with the subscription service, please contact subscriberhelp.govdelivery.com . This service is provided to you at no charge by U.S. Customs and Border Protection . Privacy Policy | GovDelivery is providing this information on behalf of U.S. Department of Homeland Security, and may not use the information for any other purposes. Powered by Privacy Policy | Cookie Statement | Help

Frequently asked questions

What is CSMS 55089076?

CSMS 55089076 is a U.S. Customs and Border Protection (CBP) Cargo Systems Messaging Service bulletin titled "REMINDER: Requirement for Powers of Attorney (POAs) Executed Prior to". CSMS bulletins are the operational instructions CBP issues to brokers, importers, and ACE filers covering rate changes, system updates, scope guidance, and other day-to-day customs-operations changes.

When was CSMS 55089076 published?

CBP published CSMS 55089076 on December 19, 2022. The bulletin's instructions are typically operative as of the publication date unless the body specifies a different effective date.

Is the CBP CSMS the legally binding instruction?

Yes — for at-the-border filing and entry collection. CSMS messages translate Commerce's Federal Register determinations into operational CBP instructions that ACE/ACS systems and brokers execute. The Federal Register notice is the underlying legal authority; the CSMS is the operational implementation. Both should be read together when reconciling a rate or scope change.

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