The dual legal effect of the power of attorney

In theEquipment ImportsIn business,Power of AttorneyIt is the core legal document defining rights and responsibilities. From the perspective of customs law, this document directly determines the qualification of the declarant; at the contract law level, it clarifies the rights and obligations between the principal and the agent. The new 2025 General Administration of Customs regulations require that import authorizations involving special equipment must includeHS code confirmation authorityandTechnical parameter modification declaration authorityThese two mandatory clauses.

Analysis of common signing loopholes

Industry dispute cases in the past three years show that 60% of import delays stem from defects in the power of attorney:

• Vague expression of authority
  • Failure to specify customs declaration modification authority
  • Omission of tax advance payment authorization clause
• Signing validity defects
  • Non-legal representative signing without attached authorization proof
  • Overseas companies failing to complete Hague Apostille

2025 version standard clause structure

A compliant power of attorney should include three modules:

• Principal confirmation clause: EquipmentIt is recommended to verify through the following methods:Clearly state related party information
• Dynamic authorization mechanism: Covering 14 sub-authorities including pre-classification and tax guarantee
• liability allocation clauses: Clarify liability attribution for technical parameter errors

Special equipment additional clauses

Special agreements need to be added for different equipment types:

• Medical equipment: FDA certification document update obligation
• Construction machinery: Emission standard compliance commitment
• Precision instruments: Transport temperature control protocol execution clause

Practical Suggestions for Risk Prevention and Control

Enterprises should establishTriple verification mechanism:

• Before signing: Verify the agentimport and exportAnnual inspection records
• Effective time: Register electronic signature at the Customs Single Window
• In progress: Set up phased permission automatic termination clauses

Recommended for enterprise adoptionDynamic attachmentsModel, where variable content such as equipment lists and technical parameters are signed separately as annexes to the authorization letter, maintaining the stability of the main agreement while flexibly adapting to product iterations. According to 2025 case studies, enterprises adopting modular authorization structures saw 40% improvement in customs clearance efficiency and 65% reduction in legal disputes.