Suggested Importer Security Filing Power of Attorney Adjustment

12/17/2009 

With the Importer Security Filing coming towards the importing community in just over a month, new questions have arisen.  One concerns the responsibility of "ISF Importer," specifically relating to the liability a customs broker may shoulder when acting as an agent for the Importer of Record.  In cases where the information provided to CBP within the ISF is incorrect, inaccuracies will be blamed on the filer, not the Importer of Record. 

As a result, the below statement is a suggested adjustment to Customs Brokers' Powers of Attorney which specifically addresses scenarios where the information provided to the ISF filer is incorrect, and the filer was not aware of the mistake until after the filing occurred.

 "The Importer Security Filing (ISF) must be submitted by the "ISF importer" no later than 24 hours prior to the cargo's loading aboard the vessel at the foreign port.  For purposes of the ISF, Customs defines the "importer" as the imported goods' owner, purchaser, consignee, or agent (including a licensed customs broker).  In cases where the "ISF importer" is the licensed customs broker, [NAME OF BROKER] will be responsible for the timely forwarding of the ISF data elements to Customs, based solely upon the information provided by the broker's client.  [BROKER] shall rely on the accuracy of such information as is submitted by [NAME OF CLIENT].  If such information is later found to be inaccurate by [CLIENT], the latter shall be solely responsible for notifying [BROKER] of such inaccuracies so that [BROKER] may subsequently amend the initial ISF filing."

If you have any questions regarding this language, please feel free to contact us.  If you need assistance in putting together an ISF program, or other import related program, you may contact us at info@ctsiadvisors.com.