CSMS Message: 05-000441

TO : ALL ABI FILERS

FROM : OFFICE OF FIELD OPERATIONS, BROKER COMPLIANCE

SUBJECT : VAILDATING THE POWER OF ATTORNEY

THE PURPOSE OF THIS ADMINISTRATIVE MESSAGE IS TO SUGGEST WAYS BROKERS
CAN VALIDATE POWERS OF ATTORNEY (POA).

BECAUSE THE POA CAN AUTHORIZE THE MOVEMENT OF CONVEYANCES AND
MERCHANDISE INTO THE UNITED STATES, IT IS CRITICAL THAT IT BE EXAMINED
CAREFULLY. BY ENSURING THAT EACH POA IS VALID, THE BROKER JOINS CUSTOMS
AND BORDER PROTECTION ON THE NATIONAL SECURITY FRONTLINES IN VERIFYING
THE DATA USED TO SCREEN WHAT ENTERS THIS COUNTRY.

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.

HERE ARE SOME WAYS THE BROKER CAN VALIDATE A POWER OF ATTORNEY

- TO THE GREATEST EXTENT POSSIBLE, HAVE POAS COMPLETED IN PERSON
SO THE GRANTOR'S PERSONAL IDENTIFICATION (DRIVERS LICENSE,
PASSPORT, ETC.) CAN BE REVIEWED.

- CHECK APPLICABLE WEB SUTES 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 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 WWW.BIS.DOC.GOV/COMPLIANCEANDENFORCEMENT/INDEX.HTM.)

IF YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT POA REQUIREMENTS AND
VALIDATION PROCEDURES, PLEASE CONTACT A MEMBER OF THE BROKER MANAGEMENT
BRANCH, TRADE COMPLIANCE AND FACILITATION, OFFICE OF FIELD OPERATIONS,
AT (202) 344-2580.