Import Power of Attorney Instructions

Please read carefully and use the following import Power of Attorney instructions to complete the Power of Attorney (POA) form:

Type or print the full legal name of the individual, partnership, corporation (as it appears on corporate records), sole proprietorship, or limited liability company.
Type or print the full trade name or alias of the individual, partnership, corporation (as it appears on corporate records), sole proprietorship, or limited liability company.
Type or print the complete address at which you conduct business, including city and state.
1. Individuals and Sole Proprietorships: Enter the legal residence of the person named in (3) above.
2. Corporations and Partnerships: Enter the primary or corporate business address.
Type or print the importer entity type: (a) Individual, (b) Corporation, (c) Sole Proprietorship, (d) Partnership, (e) Limited Liability Partnership, or (f) Limited Liability Company.
Type or print the state, incorporation, or registration (company/partnership).
Type or print your IRS #. (EIN – Employer ID # or SSN – Social Security # as applicable). If importing under a Customs-assigned ID number, that number must appear on the POA.
Type or print the name of the grantor as it appears on page (1), line (1).
Type or print the name of the person duly authorized to execute the POA
1. Corporation: The corporate officer empowered to grant POA on behalf of the corporation. If other than a corporate officer, a Delegation of Authority must accompany the POA (19 CFR 141.37).
2. Partnership: Any partner authorized to execute the POA. POAs for partnerships and limited partnerships or LLPs must be accompanied by a copy of the partnership agreement [19 CFR 141.39(a)(2)].
3. Limited Liability Company: If a designated member, managing member, or a designated person, a Delegation of Authority must accompany the POA.
4. Individual or Sole Proprietorship: The person named in (3) above.
Sign the POA: Signature must belong to the individual in number 10 above.
Enter the signatory’s title.
Enter the signing date in the following format: Month/Day/Year. Note: This date is a confirmation of the effective date.

Acceptable POA Signatories:

Owner

President

Vice President/Assistant Vice President

Treasurer/ Assistant Treasurer

Corporate Secretary/ Assistant

General Counsel/Assistant General Counsel

CEO

COO

CFO

CIO

Chairman of the Board

If an LLC = Member

If an LLP, LP, or Partnership = Partner

If DOD (Army, Marines, Navy, Etc.) = Commissioned Officer (See Above)

Director, General Manager, and Controller are not acceptable, but are common mistakes.

Customs Power of Attorney

Step 1 of 5

Know All Ye By These Presents:

Full Legal Name

Tax Return Name

Trade Name (if any)

Having A Principal Place Of Business Or Residing At

Address Line 1

City

State

Zip Code

Doing Business As A/An

Under The Laws Of The State Of

Having An EIN, TIN, SSN, or Importer No.

Phone

its/their officers, employees, and/or specifically authorized agents, to act for and on its behalf as a true and lawful agent and attorney of the grantor for and in the name, place and stead of said grantor, from this date, in the United States (the territory") either in writing, electronically, or by other authorized means, to:

Make, endorse, sign, declare, or swear to any customs entry, withdrawal, declaration, certificate, bill of lading, carnet or any other documents or filings required by law or regulation in connection with the importation, exportation, transportation, of any merchandise in or through the customs territory, shipped or consigned by or to said grantor;

Perform any act or condition which may be required by law or regulation in connection with such merchandise deliverable to said grantor; to receive any merchandise;

Make endorsements on bills of lading conferring authority to transfer title; make entry or collect drawback; and to make, sign, declare, or swear to any statement or certificate required by law or regulation for drawback purposes, regardless of whether such document is intended for filing with Customs;

Sign, seal, and deliver for and as the act of said grantor any bond required by law or regulation in connection with the entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with the entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by said grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee's and owner's declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits or statements in connection with the entry of merchandise;

Sign and swear to any document and to perform any act that may be necessary or required by law or regulation in connection with the entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by said grantor;

Authorize Customs Brokers duly licensed within the territory to act as grantor's agent; to receive invoices and entry(ies) from the same; If engaged on behalf of, but not directly by grantor, authorizes the release of entry and entry related confidential documents to the engaging agent. Authorize release of confidential documents and information to other persons providing services to Grantor as such may appear to be necessary. Waive Broker direct transmission of brokerage charge statements, invoices and entries; To receive endorse and collect checks issued for Customs duty refunds in grantor's name drawn on the Treasurer of the United States;

If the grantor is a nonresident of the United States, to accept service of process on behalf of the grantor;

And generally to transact Customs business, including filing of claims or protests under section 514 of the Tariff Act of 1930, or pursuant to other laws of the territories, in which said grantor is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney;

Giving to said agent and attorney full power and authority to do anything whatever requisite and necessary to be done in the premises as fully as said grantor could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents;

Verify information provided in this power through and with agencies and resources public, private, and governmental, in order to comply with Customs, Census, IRS and other government rules relating to trade transactions and to determine 1099 applicability;

Appointment as Forwarding Agent: Grantor authorizes the above Grantee as its Forwarding Agent to act within the territory as lawful agent and sign or endorse export documents including but not limited to (i.e., commercial invoices, bill of lading, insurance certificates, drafts as well as and any other document) necessary for the completion of an export on grantor's behalf as may be required under law and regulation in the territory and to appoint forwarding agent's on grantor's behalf;

This power of attorney to remain full force and effect until revocation in writing is duly given to and received by grantee. If the donor of this power of attorney is a partnership, this power shall in no case have any force or effect in the United States after the expiration 2 years from the dates of its execution. If this is a replacement power of attorney it is deemed effective retroactively to the date of the first transaction requiring a power of attorney and all prior acts are ratified; Grantor acknowledges receipt of Grantee’s Terms and Conditions of Service of governing all transactions between the Parties as well as transactions with any company related to any of the foregoing.

NOTE: If you are the importer of record, payment to the broker will not relieve you of liability for U.S. Customs charges (duties, taxes or other debts owed Customs) in the event the charges are not paid by the broker. You may pay duties directly to Customs through the Automated Clearing House (ACH) or if you pay by check, Customs Charges may be paid with a separate check payable to the “U.S. Customs & Border Protection” which shall be delivered to Customs by the broker. Importers who wish to pay their Customs Charges by check must contact Grantee's office, in advance, to ensure timely receipt of duty checks.

NOTE: Freight Forwarders are not permitted to markup Entry Fees or Customs Duties. Unless you have waived direct billing, you must be provided with a true copy of the Customs Entry and our invoice. If you need a copy, please contact us.

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IN FURTHERANCE THEREOF I/WE HAVE SET OUR HAND

Full Name of Grantor

Printed Name of Signer

Title or Capacity

Signature

Clear Signature

Date

At Name Place

Witness Required of All US and Foreign-Based Businesses and Individuals

Type or print the city where the verification of the signature and identification occurred.
Type or print the state where the verification of the signature and identification occurred.
Type or print the county where the verification of the signature and identification occurred.
Type or print the calendar date of witness signing.
Type or print the calendar month of witness signing.
Type or print the calendar year of witness signing.
Type or print the name of the authorized signatory who executed the POA Page 3 (9).
Type or print the residence address of the signatory identified on the POA Page 3 (9) as it appears on the government ID.
Type or print the witness’s full legal name.
Witness signature.
Type or print the witness’s legal residence address.
Type or print the ID number listed on the government document ID of the POA signatory (Page 3 (9)) provided to the witness.
Type or print the authorization date as it appears on the listed government ID (L),
Signatory of the POA Page 3 (9) must initial the applicable letter of statement that applies.

For Foreign Corporations Only

The “In addition, WHERE WE ARE A NON-RESIDENT CORPORATION, I further certify that:” section must be signed and dated by the same signatory of the POA as appears on Page 3 (9).

Authorized Signature List for Power of Attorneys

Business Entity

List the Following on the First Line of the POA, As Well As in the WITNESS WHEREOF Line near the Bottom of the Form

Who May Sign the POA and the Acceptable Titles to List on the Capacity Line (Last Line on the Form)

Additional Forms Required

CORPORATION
POA is valid until revoked.

The legal corporation name and DBA name, if the corporation is doing business as (DBA) another company name.

Subsidiary:
Defined – A wholly owned subsidiary corporation is considered a stand-alone legal entity. As such, a corporate officer of the subsidiary company must sign the POA.
Example – ABC Inc. is a wholly owned subsidiary of Whole Foods Inc. A corporate officer of ABC Inc. must sign the POA. The POA is only binding for ABC Inc., not Whole Foods Inc.

Division:
Defined – A division of a corporation is not a stand-alone legal entity; it is considered part of the larger corporation. As such, a corporate officer of the parent corporation must sign the POA.
Example – ABC Inc. is an unincorporated division of Whole Foods Inc. A corporate officer of Whole Foods Inc. must sign the POA. The POA is legally binding for all of Whole Foods Inc. However, operationally, Whole Foods may want to restrict clearance to a portion of the business. In these instances, the POA should only be set in Editrade for the IRS number/business as authorized operationally by Whole Foods.

President
Vice President – Authorized to Bind the Company
IE – VP of Finance, VP of Customs, VP of Logistics
Treasurer, Secretary – Secretary Treasurer – Assistant Secretary
Treasurer
Chief Executive Officer (CEO)
Chief Operating Officer (COO)
Chief Financial Officer (CFO)
Chief Administrative Officer (CAO)
Chairman (Person) or Chairman (Person) of the Board
General Counsel

All other titles should be elevated to the POA Team for review.

5106 – Additions or updates may be required and should not be performed until:

An initial importer bond query is generated to review the importer data on file in ACE.
Letter of authorization from the client to update their importer record with Customs.
EIN/IRS Numbers – Obtain acceptable proof from the importer to validate their EIN/IRS number.
This includes only direct communication from the US Internal Revenue Service (IRS) on IRS letterhead or an official IRS form showing the company name and the EIN/IRS number. Documentation from the IRS cannot be more than one (1) year old.
Note: W-9s, state documents, and any documentation submitted to the IRS are not sufficient to substantiate an EIN/IRS.

Link to Customs website for importer record 5106 validations and FAQs: http://www.cbp.gov/.

LIMITED LIABILITY COMPANY (LLC)
POA is valid until revoked.

[LLCs are considered associations and are subject to the retention rules pertaining to POAs issued by persons other than partnerships]

The legal name of the LLC as registered with the state, and the DBA name, if the LLC is doing business as (DBA) another company name.

Manager
Director
President
Officer
Member
Managing Member

All other titles should be elevated to the POA Team for review.

Member list of those members who are authorized to execute the POA on behalf of the LLC.

Corporate Certification – Corporate Certification is required if the signing party is not on the list of members. Refer to Corporation.

5106 – Refer to Corporation.

Reference to Page 19 of the 2009 POA Handbook regarding the member list requirement.

PARTNERSHIP
POA is valid for two (2) years from the date of execution.

Name of the Partnership – All the names of the partners in the partnership (if all names do not fit on the POA itself, please fill out an attachment form listing all partners)

Partner
All other titles should be elevated to the POA Team for review.

An attachment form listing all the partners, if there is not enough room to list on the POA itself.

5106 – Refer to Corporation.

Authorized Signature List for Power of Attorneys

Business Entity

List the Following on the First Line of the POA, As Well As in the WITNESS WHEREOF Line near the Bottom of the Form

Who May Sign the POA and the Acceptable Titles to List on the Capacity Line
(Last Line on the Form)

Additional Forms Required

CORPORATION
POA is valid until revoked.

The legal corporation name and DBA name, if the corporation is doing business as (DBA) another company name.

All other titles should be elevated to the POA Team for review.

Corporate Certification – Should someone other than a corporate officer signs the POA, a corporate officer must sign the Corporate Certification to give said power to the person signing the POA.

5106 – Additions or updates may be required and should not be performed until:

An initial importer bond query is generated to review the importer data on file in ACE.
Letter of authorization from the client to update their importer record with Customs.
EIN/IRS Numbers – Obtain acceptable proof from the importer to validate their EIN/IRS number.
This includes only direct communication from the US Internal Revenue Service (IRS) on IRS letterhead or an official IRS form showing the company name and the EIN/IRS number. Documentation from the IRS cannot be more than one (1) year old.
Note: W-9s, state documents, and any documentation submitted to the IRS are not sufficient to substantiate an EIN/IRS.

Link to Customs website for importer record 5106 validations and FAQs: http://www.cbp.gov/.

LIMITED LIABILITY COMPANY (LLC)
POA is valid until revoked.

[LLCs are considered associations and are subject to the retention rules pertaining to POAs issued by persons other than partnerships]

The legal name of the LLC as registered with the state, and the DBA name, if the LLC is doing business as (DBA) another company name.

Manager
Director
President
Officer
Member
Managing Member

All other titles should be elevated to the POA Team for review.

Member list of those members who are authorized to execute the POA on behalf of the LLC.

Corporate Certification – Corporate Certification is required if the signing party is not on the list of members. Refer to Corporation.

5106 – Refer to Corporation.

Reference to Page 19 of the 2009 POA Handbook regarding the member list requirement.

PARTNERSHIP
POA is valid for two (2) years from the date of execution.

Partner
All other titles should be elevated to the POA Team for review.

An attachment form listing all the partners, if there is not enough room to list on the POA itself.

5106 – Refer to Corporation.

IRS/EIN/Tax ID Proof of Importer Numbers

Acceptable IRS Proof

Form 147C
Form 1040
Form 2363
Form 941/941-V
Form SS-4
- Must be a copy of the actual letters received from the IRS in lieu of filing the SS-4 application.
- oNOT the application sent to the IRS.
Automatic Online Confirmation Page
Form 1065
Form 8109/8109-C
Form 7004
Form 355-ES
Form 1096
Form 1120 / 1120-S
Form 8879
W-2

Acceptable Forms for SS # Proof

Legible Copy of the Front and Back of the Social Security Card
Top Portion of the Front Page of Form 1040
- oFinancial information is NOT needed.

The Following Documents Are Not Acceptable

No ADP Filing Statements
No State Forms
No W-9, W-3, Etc… Forms
No SS-4 Application (The Copy You Send to the IRS)

If you do not have any of the above documents, please ask the IRS to search for your EIN/IRS by calling the Business and Specialty Tax line at (800) 829-4933.

Reach Out to Us for More Information

If you have any questions about our import POA instructions or our accepted IRS/EIN/tax ID proof of importer numbers, feel free to contact us today. We will gladly answer any questions you may have.

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