May 2024 — Question 4
Which statement accurately reflects the duration limitations for powers of attorney?
- APowers of attorney issued by a partnership can be granted for an unlimited period and all other powers of attorney are limited to a period not to exceed two (2) years from the date signed.
- BPowers of attorney issued by a partnership and all other powers of attorney have the same duration limitation of two (2) years from the date signed.
- CPowers of attorney issued by a partnership shall be limited to a period not to exceed two (2) years from the date of execution, while all other powers of attorney may be granted for an unlimited period.✓ CBP's answer
- DPowers of attorney issued by a partnership are valid for five (5) years from the date of execution, while all other powers of attorney may be granted for an unlimited period.
Why this answer
The cited regulation fixes the duration rules for customs powers of attorney: one issued by a partnership is limited to a period not to exceed two years from the date of execution, while powers of attorney issued by others, including individuals, corporations, and associations, may be granted for an unlimited period and remain in force until revoked. Option C states both halves correctly. The distractors invert the rule, apply the two-year cap to everyone, or invent a five-year partnership term. The inversion in option A is the classic error: candidates remember that a two-year limit exists somewhere in the regulation but attach it to the wrong class of grantor. Watch for: Remembering the two-year cap but attaching it to the wrong class of grantor.
Original CBLE Simulator explanation — the question and key above are CBP's; this analysis is ours. Verify against the current edition before relying on it in practice.
CBP's cited authority
Answer and citations as published in CBP's official answer key for the May 2024 examination.
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