New Lacey Act FAQ on "Importer of Record" and CHB Responsibility for Paper Declarations
The Animal and Plant Health Inspection Service has added a new question and answer to its Lacey Act Amendment frequently asked questions (FAQs) document on the responsibilities of Importers of Record and Customs brokers for paper Lacey Act declarations (Plant and Plant Product Declaration Form, PPQ Form 505).
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Importer of Record is Responsible for Paper Lacey Declaration
The FAQ states that the Importer of Record is responsible for completing the Lacey declaration form, signing it, and submitting it to APHIS.
Broker Can Sign if Has Power of Attorney
A Customs broker can sign the paper declaration form only if the broker has Power of Attorney for the Importer of Record, the FAQ states.
FAQ Says Signing Broker Has Legal Responsibility for Accuracy
This signing broker then takes on the legal responsibility for the accuracy of the information, according to the FAQ. Sources at APHIS explained that the broker would not have sole legal responsibility, but would have some liability as they filled out the PPQ 505, which is a federal government form.
APHIS sources also noted that one of the purposes of the new FAQ is to inform importers that having a Customs broker sign the paper declaration does not absolve them of responsibility for the accuracy of the information presented. Sources add that any Department of Justice investigation would look up and down the supply chain for culpability.
(The new FAQ, appearing under the section "Filing a Declaration," reads as follows:
"9. Who is responsible for signing the paper Declaration form?
The Importer of Record is responsible for completing the declaration form, signing it, and submitting it to APHIS. A Customs Broker can sign the Declaration form only if they have Power of Attorney for the Importer of Record; however, in doing so they take upon themselves the legal responsibility for the accuracy of the information."
Note that the "filing a declaration" document still has an April 2010 date. Also note that the "complete list of questions and answers" is not updated yet.)
(See ITT's Online Archives or 08/13/10 news, 10081319, for BP summary of COAC discussion on Lacey Act declaration and definitions. See ITT's Online Archives or 08/03/10 news, 10080329, for BP summary on the new saveable Lacey Act declaration form.)