----------------------------------------------------------------------
FTSR Letter No. 175
To: U.S. Customs Service Headquarters, Directors of Field Operations,
Port Directors, Foreign Trade Zone Operators, Department of
Commerce District Offices, U.S. Principal Parties in Interest,
Freight Forwarders, Exporting Carriers, Consolidators, U.S.
Customs Brokers, and All Others Concerned
From: U.S. Census Bureau (Census Bureau)
Subject: Requirements for U.S. Principal Party In Interest (USPPI) or
Foreign Principal Party (FPPI) in Interest for Authorizing a
Forwarding or Other Agent
----------------------------------------------------------------------
This is to emphasize requirements contained in the Foreign Trade Statistics
Regulations (FTSR), Title 15, Code of Federal Regulation (CFR), Part 30
concerning the responsibilities of the USPPI or FPPI to issue a power
of attorney (POA) or other written authorization to a designated forwarding
or other agent. There is concern among the Census Bureau and U.S. Customs
Service (Customs) officials that agents filing export information on the
Shipper's Export Declaration (SED) or Automated Export System (AES) on
behalf of a principal party is doing so without the proper POA or written
authorization. In accordance with Section 30.4 of the FTSR, the U.S. forwarding
or other agent must obtain a written authorization or POA when filing
export information for a U.S. or foreign principal party. The written
authorization or POA is the authority of the principals to confer upon
an agent to perform certain specified acts for export control and Customs
purposes and to sign any SED or transmit such information via AES, which
may be required by law or regulation with regards to the exportation or
transportation of any merchandise. The authorization may be in the format
of a formal POA or it may be an informal written authorization that simply
states the functions to be performed by the party receiving the authorization.
When the USPPI authorizes the U.S. agent to facilitate the export of
items from the United States, the written authorization or POA must be
signed by the USPPI. The USPPI is certifying that the necessary and proper
documentation to accurately complete the SED or transmit the information
via AES is and will be provided to the designated agent. When the FPPI
authorizes the U.S. agent to facilitate export of items from the United
States, the written authorization or POA must be signed by the FPPI and
this is referred to as a routed export transaction. The FPPI is certifying
that the necessary and proper documentation to accurately complete the
SED or transmit the information via AES is and will be provided to the
designated agent. Sample formats of a POA or written authorization in
English and Spanish may be obtained on the Foreign Trade Division's Web
site at <http://www.census.gov/foreign-trade/www>.
Every effort should be made by the USPPIs, FPPIs, and forwarding or other
agents to comply with these requirements. If you have questions concerning
these requirements, please contact the Regulations, Outreach, and Education
Branch, Foreign Trade Division, on (301) 457-2238.
____________________________
C. HARVEY MONK, JR.
Chief, Foreign Trade Division
----------------------------------------------------------------------
Dated: 21 May 2001
Source: Regulations, Outreach, and Education Branch,
Foreign Trade Division,
U.S. Census Bureau
Phone: 301-457-2238
----------------------------------------------------------------------
|