What is a customs power of attorney (CBP Form 5291)?
Updated
A customs power of attorney is a signed document that lets a customs broker or other agent transact customs business for you. CBP Form 5291 is the standard form for it, though a document with the right content can be used instead. You are still the importer, so read what you are signing.
What the rule says
Under 19 CFR 141.32, "Customs Form 5291 may be used for giving power of attorney to transact Customs business." A power of attorney that isn't on that form must be either a general power with unlimited authority, or a limited power that is explicit in its terms and executed the same way as Form 5291.
When you need one
You usually sign one when you hire a licensed customs broker to file entries for you. CBP's 5106 guidance says a broker needs a valid power of attorney from you, executed by you directly to the broker, not through a freight forwarder or other third party. If you file your own entries as the importer of record, you don't need one.
Our guide on customs brokers covers whether to hire one at all.
What a general power covers
The sample general power in the regulation has these parts:
- The principal (you), with legal name, designation (such as corporation), residence and state of business
- The agent, with name, designation and address
- A grant of "full power and authority to do and perform every lawful act and thing" the agent considers necessary for you
- A ratification of what the agent lawfully does under it
- An end date, or a statement that it stays in effect until written notice of revocation
- The date and your signature
General or limited
- General means broad authority, for as long as it lasts.
- Limited means the terms spell out what the agent may do, such as one shipment or one port.
If you ship rarely, ask for a limited power. If you ship every week, a general power may save time. The choice is yours, and the broker should explain what their form says.
Before you sign
- Check the names. The importer name and number should match what CBP has on file for you.
- Read the scope. Know whether it covers one shipment or all your business.
- Look for an end date. A power with no end stays in effect until you revoke it.
- Keep a copy.
- Know how to revoke it. Under 19 CFR 141.35, you can revoke a power of attorney at any time by written notice given to and received by CBP, at the port of entry or electronically. Tell the broker in writing too.
You stay responsible
CBP says the importer of record is ultimately responsible for the correctness of the entry documentation, even when a broker files. A power of attorney moves the paperwork, not the responsibility.
How Shield fits
A broker's fees, duties and freight all need paying on time. Shield gives wholesalers US business accounts, a business credit card and overseas payments in one place. Owners can live outside the US, with a US company.
FAQ
Do I have to use Form 5291? No. Under 19 CFR 141.32 another document can work if it meets the same requirements.
Can I give a freight forwarder power of attorney? Not for customs filings through them. CBP says a broker's power of attorney must be executed by the importer directly to the customs broker, not via a freight forwarder. If your forwarder offers customs clearance, ask which licensed broker will file, and sign the power of attorney with that broker.
Does a power of attorney expire? It depends on its terms. Under 19 CFR 141.34, a power of attorney from a partnership is limited to two years from signing. Others can run for an unlimited period until revoked.
Next step
To see how Shield helps you pay brokers, suppliers and freight, visit Shield bank accounts.