----------------------------------------------------------------------
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
----------------------------------------------------------------------