The Unsigned Power of Attorney
A new client, Corvus Logistics, emails you scanned entry documents and asks you to transmit them to the port authority today. The customs power of attorney (POA) form is included but is signed only by a mid-level operations coordinator, not by an officer with authority to bind the company. The coordinator writes, "Our CEO is traveling; just use this, we do it all the time." The shipment is a container of industrial fasteners with an estimated duty of $38,000, and the port's cutoff is in six hours. You have never worked with Corvus before and cannot verify the coordinator's authority from public records. Your firm's compliance manual requires a valid POA before transmittal.
1. Analyze whether you may transmit using the coordinator's signature and what the POA actually authorizes.
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A POA must be executed by someone with legal authority to bind the importer. A mid-level coordinator may lack that authority, and "we do it all the time" is not verification. Transmitting without a valid POA exposes the client and you to liability and may invalidate the agency relationship. The POA also defines scope: which entries, what acts (signing, filing, paying), and duration. You should not assume broad authority. The correct course is to obtain a properly executed POA from an authorized officer, or a written delegation confirming the coordinator's authority, before transmitting.
2. The client is pressing hard because of the six-hour cutoff. What options preserve the filing while managing the compliance risk?
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Options: (1) ask the coordinator to obtain a written delegation or confirmation from an officer by email or phone, documented; (2) request an expedited signature from the CEO via e-signature; (3) if the port permits, file under a temporary/limited authorization with the client's written acknowledgment; (4) if none is possible, decline to transmit and explain the risk, offering to prepare everything for immediate filing once authority is confirmed. Do not simply proceed on an unverified signature. Document the client's instructions and your advice.
3. Draft the key points you would put in a written message to the client explaining your position.
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Key points: (1) We cannot transmit until a valid POA from an authorized officer is received; (2) explain why-legal authority and protection for the client; (3) list acceptable alternatives (officer signature, written delegation, e-signature); (4) note the cutoff and what we will do to meet it once authority is confirmed; (5) confirm we are preparing the entry so no time is lost; (6) ask for a response by a specific time. Keep the tone helpful, not accusatory, and retain the message.