CustomsBrokerLicenseExam

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October 2024, question 10

Broker Compliance · Broker licensing and duties

The grantor of a customs power of attorney (POA) to a licensed customs brokerage business is a limited partnership and imports textile goods. The grantor also has a POA with a freight forwarder with a special grant allowing the freight forwarder to appoint subagents, including customs brokers. Which of the following statements is legally FALSE?

  1. The names of all general partners and limited partners in the limited partnership must be listed on the POA agreement between the customs broker and the limited partnership.
  2. The POA between the limited partnership and the customs broker must have attached the partnership agreement for the limited partnership.
  3. If the POA between the limited partneship and the customs broker was executed on March 1, 2024, a new power of attorney must be executed on or before March 1, 2026.
  4. Even though the grantor gave the power to the freight forwarder to appoint a subagent, the grantor is still required to have a POA with the customs broker directly.
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CBP's answer: A. A: The names of all general partners and limited partners in the limited partnership must be listed on the POA agreement between the customs broker and the limited partnership.

CBP keyed A as the false statement. A power of attorney from a limited partnership need only name the general partners with authority to bind the firm (unless the partnership agreement says otherwise), so it does not have to list the limited partners. The other statements are true: the agreement must accompany the power, a partnership power is capped at 2 years, and the broker must sign a power directly with the importer of record, not through a forwarder.

A power of attorney granted by a limited partnership need only state the names of the general partners who have authority to bind the firm unless the partnership agreement provides otherwise. 19 CFR 141.39(a)(2)
The broker must execute a customs power of attorney directly with the importer of record or drawback claimant, and not via a freight forwarder or other third party 19 CFR 111.36(c)(3)

Search for: power of attorney limited partnership general partners

CBP's key cites: 19 CFR 141.39(a)(2); 19 CFR 111.36(c)(3); 19 CFR 131.34

Question and key from CBP's October 2024 exam and answer key. The walk-through is ours; quotes are from the pinned editions in the reference viewer (HTSUS 2026 Basic, 19 CFR 2025 edition).