The Grantor hereby constitutes and appoints EARTH CUSTOMS INC, EARTH CARGO, INC, EARTH CONSULTING INC. (Grantee) its successors or assigns, through their officers, employees, and/or specifically authorized agents specifically authorized to act for such corporation by power of attorney, as a true and lawful agent andattorney of the Grantor named above for and in the name, place and stead of said Grantor from this day and in all U.S. Customs and Border Protection (Customs)Districts and in no other name, whether as customs broker, forwarding agent or for any other related activity, to make, (either in writing, electronically, or by other authorized means) endorse, sign, file, declare, or swear to any entry, withdrawal, declaration, certificate, bill of lading, Electronic Export Information (EEI) via Automated Export System (AES”), manifest, carnet, importer security filing or any other document required by law, regulation or commercial practice in connection with the importation, transportation, or exportation of any merchandise shipped or consigned by or to Grantor; to perform any act or condition which may be requiredby law, regulation, or commercial practice in connection with such merchandise; to receive any merchandise deliverable to Grantor;
To make endorsement on bills of lading conferring authority to transfer title; to make entry and collect drawback; and to make, sign, declare or swear to anystatement, supplemental statement, schedule, supplemental schedule, certificate of delivery, certificate of manufacture, certificate of manufacture and delivery,abstract of manufacturing records, declaration of proprietor on drawback entry, declaration of exporter on drawback entry, or any other affidavit or document which may be required by law or regulation for drawback purposes regardless of whether such sworn statement, schedule, certificate, abstract, declaration, or otheraffidavit or document is intended for filing in any Customs District;
To sign, seal and deliver for and as the act of Grantor any bond required by law or regulation in connection with entry or withdrawal of imported merchandise or merchandise exported with or without benefit of drawback, or in connection with entry, clearance, lading, unlading or navigation of any vessel or other means of conveyance owned or operated by Grantor, and any and all bonds which may be voluntarily given and accepted under applicable laws and regulations, consignee's and owner's declarations provided for in section 485, Tariff Act of 1930, as amended, or affidavits in connection with the entry of merchandise;
To sign and swear to any document and to perform any act that may be necessary or required by law or regulation in connection with the entering, clearing, lading, unlading, or operation of any vessel or other means of conveyance owned or operated by Grantor;
To issue powers of attorney on behalf of Grantor to other customs brokers or freight forwarders to transact Customs and/or freight forwarding business on behalf of Grantor; to receive, endorse and collect checks issued for customs duty refunds in Grantor's name drawn on the Treasurer of the United States; if Grantor is a nonresident of the United States, to accept service of process on behalf of Grantor solely for the purpose of compliance with Customs power of attorney regulations (i.e., Part 141, Subpart C, 19 C.F.R.).
And generally to transact Customs business at the customhouses in any district, including, pursuant to grantor’s request, making, signing, and filing of protests under section 514 of the Tariff Act of 1930, in which Grantor is or may be concerned or interested and which may properly be transacted or performed by an agent and attorney, giving to said agent and attorney full power and authority to do anything whatever requisite and necessary to be done in the premises as fully as Grantor could do if present and acting, hereby ratifying and confirming all that the said agent and attorney shall lawfully do by virtue of these presents.
This power of attorney is to remain in full force and effect until the date revocation in writing is duly given by the Grantor and received by Grantee. If Grantor is a Partnership, said power shall in no case have any force or effect after the expiration of 2 years from the date of its execution.
This power of attorney shall be construed according to the laws of the State of California, without giving consideration to principals of conflict of law. Grantor consents to the exclusive venue and jurisdiction of the U.S. District Court and the State courts of California; agrees that any action relating to or arising from this power of attorney and/or the relationship between Grantor and Grantee that results from this power of attorney shall be brought only in said courts; consents to the exercise of in personam jurisdiction by said courts over it; and agrees that any action to enforce a judgment may be instituted in any jurisdiction.
If Grantor is a Principal Party in Interest (“PPI”) in an export transaction then the Grantor/PPI here by certifies that all statements and information contained in the documentation provided to Grantee relating to exportation are true and correct. Furthermore, Grantor/PPI understands that civil and criminal penalties may be imposed for making false or fraudulent statements or for the violation of any United States laws or regulation on exportation. If Grantor/PPI is a United States Principal Party in Interest (USPPI) (as defined in15 C.F.R. §30.1), Grantor/PPI undertakes to determine any export license requirements and to obtain, for export purposes, any export License or other official authorization. If Grantor/PPI is a Foreign Principal Party in Interest (FPPI) (as defined in 15 C.F.R. § 30.1), Grantor/PPI hereby certifies that it has not provided the USPPI, and will not provide the USPPI, a writing to assume responsibility for determining licensing requirements and/or obtaining licensing authority pursuant to 15 C.F.R. § 758.3. Grantor/PPI acknowledges that Grantee does not agree to act as the “exporter” for purposes of the U.S. Export Administration Regulations, and that in any routed export transaction for which Grantor/PPI is an FPPI, the USPPI to the transaction (or its U.S. agent) shall be responsible for determining licensing requirements and obtaining licensing authority pursuant to 15 C.F.R. § 758.3.
Grantor agrees that by executing this document, Grantor is subject to the Earth Customs, Inc. and NCBFAA terms and Conditions/US in effect on the date of service, which include limitations of liability, are available upon request and are incorporated herein by this reference as though fully set forth herein.
Grantor hereby grants Grantee authorization to share information generally considered confidential under 19 C.F.R. § 111.24 or any applicable laws, rules and regulations of countries other than the United States that govern the confidentiality of customs brokerage data, including but not limited to information concerning points of contact, addresses and telephone numbers, revenue and customs entry data, with corporations owned by or under common ownership with Grantor, with corporations owned and operated by Earth Customs, Inc., Earth Cargo, Inc., Earth Consulting, Inc. ., California, or with Grantee’s authorized service providers incidental to their provision of services.
THIS AGREEMENT MUST BE SIGNED BY A CORPORATE OFFICER, AUTHORIZED PARTNER, PROPRIETOR, OR MANAGAING MEMBER