Power of Attorney for Cargo Receipt and Customs Operations: How to Execute It Properly

Power of Attorney for Cargo Receipt and Customs Operations: How to Execute It Properly

A power of attorney for cargo receipt is a written authorization that allows a third party (representative) to collect goods at a warehouse, transport company, customs post, or perform other actions on behalf of the consignee. Such a power of attorney is frequently required for import and export operations when the cargo owner cannot be physically present during processing.

In my practice, I often see situations where entrepreneurs and companies face refusal to release cargo due to improperly drafted powers of attorney. Proper execution saves time, money, and stress.

Key Points

• Mandatory notarization — most customs authorities and major logistics companies require a notarized power of attorney for customs operations and import cargo receipt
• Specific powers — the power of attorney must clearly list exactly what actions the representative may perform (cargo receipt, document signing, customs declaration, duty payment)
• Cargo identification — it's advisable to specify cargo characteristics (waybill number, bill of lading, container number, invoice) to eliminate ambiguity
• Validity period — the power of attorney may be issued for a specific term or until completion of a defined action; I recommend specifying a reasonable term with margin for possible delays

When a Cargo Power of Attorney Is Required

A customs power of attorney and power of attorney for goods receipt are required in the following cases:

• Import cargo receipt at a customs post or temporary storage warehouse (bonded warehouse)
• Customs clearance — declaration submission, representing interests during inspection, obtaining permits
• Cargo receipt from transport companies, courier services, railway stations, or ports
• Export operations — goods shipment, export clearance through customs
• Document receipt — CMR consignment notes, bills of lading, certificates of origin

Important to understand: if cargo is under customs control or involves foreign currency operations, a simple handwritten power of attorney will not suffice — notarized form is required.

Mandatory Requirements for Power of Attorney

The power of attorney is signed by the principal (company director) and notarized. The company seal is affixed before notarization.

What Documents to Bring for Execution

For legal entities:

• Certificate of state registration (or extract from the Unified State Register)
• Charter or articles of association
• Order appointing the director (if confirmation of authority is required)
• Company TIN (tax identification number)
• Director's passport (the person signing the power of attorney)
• Representative's passport data and personal ID number
• Cargo documents: invoice, packing list, supply contract, transport documents (if available)

For individual entrepreneurs and individuals:

• Principal's passport
• Individual entrepreneur certificate (if executed by IE)
• Representative's passport data
• Cargo documents

Verify current notarization fees with the notary on the day of application, as rates are periodically revised in accordance with legislation.

Notarized Form: When Mandatory

In my experience, notarized power of attorney is mandatory in the following cases:

• Customs operations (declaration, goods release, duty payment)
• Cargo receipt in customs control zone or bonded warehouse
• Representing interests before government authorities (customs, certification, veterinary/phytosanitary control)
• Receipt of high-value goods from logistics operators
• Signing acceptance certificates on behalf of a legal entity

A simple written power of attorney (without notary) is permitted only for low-value courier shipments and domestic transport where the counterparty doesn't require notarized form. However, I recommend verifying requirements with the carrier or customs broker in advance to avoid refusal.

Common Mistakes in Execution

• General power formulations — the phrase "to perform all necessary actions" may be rejected by customs. List specific actions.
• Absence of authority to pay duties and fees — if the representative must pay customs charges on behalf of the principal, this must be explicitly stated.
• Outdated passport data — if the representative's passport was replaced after drafting the power of attorney, the document becomes invalid.
• No cargo description — when receiving a specific shipment, specify at least the invoice or container number.
• Expired term — verify the issue date and validity period before traveling to the warehouse or customs.

Validity Period and Revocation of Power of Attorney

A power of attorney for cargo receipt is typically issued for a term from 1 month to 1 year, depending on the nature of operations. You can specify a concrete end date or the condition "until completion of assignment" (receipt of a specific shipment).

Power of attorney ceases to be valid:

• Upon expiration of the specified term
• After completion of the assignment (if this was the condition)
• Upon revocation by the principal
• Upon the representative's refusal of powers
• Upon liquidation of the legal entity or death of the individual (principal or representative)

If early revocation is needed, the principal approaches the same notary (or any other) with an application for revocation. The notary makes an entry in the register, and the power of attorney loses force. I also recommend written notification to the representative and organizations where the power of attorney may have been presented.

Frequently Asked Questions

Can a power of attorney for cargo receipt be executed in simple written form?

For customs operations and import cargo receipt — no, notarized form is required. For receiving parcels from courier services domestically, a simple written power of attorney is sometimes sufficient, but it's better to verify requirements with the specific carrier.

Is a company seal required on the power of attorney?

If the organization uses a seal in its activities (specified in the charter), the seal is mandatory. The seal is affixed before notarization. Since 2024, use of seals is not mandatory for all legal entities in Uzbekistan, but customs authorities and logistics companies often expect its presence to confirm authenticity.

Can one representative act under multiple powers of attorney from different companies?

Yes, one individual may be a representative of several organizations simultaneously if a separate power of attorney is executed for each company.

What if cargo arrives before the power of attorney is executed?

Contact a notary as soon as possible. The power of attorney takes effect from the moment of execution (unless otherwise specified), and the representative will be able to collect cargo immediately after notarization. The main thing is not to exceed the free storage period at the warehouse.

Can one power of attorney specify multiple representatives?

Yes, you can list several representatives with an indication of whether they act jointly or each separately. This is convenient if any of several company employees may collect the cargo.

Conclusion

A power of attorney for cargo receipt and customs operations is an essential tool for businesses working with imports, exports, and logistics. Proper execution of a notarized power of attorney with clear specification of powers, representative's data, and cargo characteristics helps avoid delays, downtime, and additional costs.

Please note: this article is of a general informational nature and does not replace individual notarial consultation. Each situation is unique, and specific requirements may depend on the type of cargo, country of origin, customs regime, and carrier policy.

If you need to execute a power of attorney for cargo receipt or customs representation, I invite you to my notary office in the Yunusabad district of Tashkent. We will help prepare the document taking into account all legislative requirements and customs authority practices, and advise on document composition and timelines. You can schedule an appointment through the form on the website or by phone.