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(e) Two or more corporations as sureties on the same obligation.-- Two or more corporations may be accepted as sureties on any obligation the amount of which does not exceed the limitations of their aggregate qualifying power as fixed and determined by the Secretary of the Treasury. The amount for which each corporation may act as surety in all cases must be within the limitation prescribed by the Secretary, unless such excess is protected as prescribed in section 223.11 of the Bureau of Accounts Regulations (31 CFR 223.11). Each corporation shall limit its liability to a definite specified amount, in terms, upon the face of the bond by attaching the following:
KNOW ALL MEN BY THESE PRESENTS:
as principal, and
a corporation existing under the laws of the State of a corporation existing under the laws of the State of as sureties, are held and firmly bound unto the United States of America, in the sum of thousand dollars ($ ), jointly and severally with each surety as hereinafter specified, and the said jointly and severally with said principal in the sum of thousand dollars ($_ ) of said penal sum and no more; and the said. jointly and severally with said principal in the sum of thousand dollars ($_ __) of said penal sum and no more; for the payment of which respective sums we bind ourselves, our heirs, executors, and administrators, successors and assigns, in the manner and in the respective sums hereinbefore set forth, firmly by these presents. The obligors herein expressly agree that for the purpose of allowing a joint action against any or all of them, and for that purpose only, this bond shall be treated as the joint and several as well as the several obligation of each of the obligors. in the year one thousand nine hundred and
Sealed with our seals, and dated this
(f) Power of attorney for the agent or attorney of the surety.--Corporations may execute powers of attorney to act in their behalf in the following manner: (1) Execution and contents.-- The corporate surety power of attorney shall be executed on Customs Form 5297, and shall contain the following information: (i) Corporate surety name and number,
(ii) Name and address of agent or attorney, and his social security
(iii) Districts in which the agent or attorney is authorized to act,
(iv) Date of the power of attorney.
(v) Seal of the corporate surety, and
(vi) Attestation of any two principal officers.
(2) Extent of authorization. -- Authorization must be by Customs districts and may not be limited to a single port. A separate Customs Form 5297 shall be submitted for each district, except when the authorization for the agent or attorney to act is for all districts. If the power of attorney covers all districts, the word "All" shall be entered in the appropriate space on the power of attorney.
(3) Filing.--Corporate surety powers of attorney executed on Customs Form 5297 shall be filed in duplicate (original and copy) at any Customs port of entry. The separate powers of attorney providing authority for an agent or attorney in any number of districts may be filed at one time at the same port. The original of the power of attorney shall be sent by the port to the Customs Data Center. The Customs Data Center shall periodically issue computer printouts reflecting all corporate powers of attorney, which shall be sent to all applicable ports of entry. The copy of the power of attorney shall be retained at the port where the power was filed for use in connection with bonds executed at the port for the surety company by the person covered by the power of attorney, until the first computer printout reflecting the power of attorney has been received.
(4) Use at port where power not filed before receipt of computer printout.--If the grantee desires to use his power of attorney at a port covered by the power, but other than the one where his power was filed, before the first computer printout reflecting this power of attorney is received, he shall file Customs Form 5297 in triplicate (original and two copies), rather than duplicate.
The second copy shall be validated by Customs and returned to the grantee. The grantee, at the time of filing a bond at a port other than the port where the power of attorney was filed, shall exhibit this validated copy of the power of attorney as proof of his grant of authority. The validity of this copy of the power shall expire when the first computer printout reflecting this power of attorney is received.
(5) Term and revocation.-- Corporate surety powers of attorney shall continue in force and effect until revoked. Any surety desiring that a designated agent or attorney be divested of his power of attorney must execute a revocation on Customs Form 5297.
(6) Change on the power of attorney.-- No change, including a change due to typographical error, or change of address, shall be made on the Customs
Form 5297 after it has been approved by Customs. To correct the power of attorney two separate Customs Forms 5297 shall be submitted, one revoking the previous power of attorney, and one containing a new grant of authority.
113.38 Delinquent sureties.
(a) Acceptance as surety when in default as principal on another Customs bond.-- No person shall be accepted as surety on any Customs bond while he is in default as principal on any other Customs bond.
(b) Acceptance as surety when in default as surety on another Customs bond.-- A surety on a Customs bond which is in default may be accepted as surety on other Customs bonds only to the extent that his assets are unencumbered by such default.
113.39 Acceptance of cash deposits or obligations of the United States in lieu of sureties on bonds.
(a) General provision.-- In lieu of sureties on any bond required or authorized by any law, regulation, or instruction which the Secretary of the Treasury or the Commissioner of Customs is authorized to enforce, the district director is authorized to accept United States money, United States bonds (except for savings bonds), United States certificates of indebtedness, Treasury notes, or Treasury bills in an amount equal to the amount of the bond.
(b) Authority to sell United States obligations on default.--At the time of deposit of any obligation of the United States, other than United States money, with the district director, the obligor shall deliver a duly executed power of attorney and agreement in a form similar to that prescribed in Treasury Department Circular 154, dated October 31, 1969, as amended, authorizing the district director, in case of any default in the performance of any of the conditions or stipulations of the bond, to sell such obligation so deposited and to apply the proceeds of such sale, in whole or in part, to the satisfaction of any damages, demands, or deficiency arising by reason of such default. The format of the power of attorney and agreement, when the obligor is a corporation, is set forth below, and shall be modified as appropriate when the obligor is either an individual or a partnership:
POWER OF ATTORNEY AND AGREEMENT
Know all men by these presents, that
a corporation duly incorporated under the laws of the State and having its principal office in the city of in pursuance of a resolution of the board of directors of said corporation, passed on the 19, a duly certified copy of which resolution is hereto attached, does hereby constitute and appoint (Name and official title of bond-approving officer), and his successors in office, as attorney for said corporation, for and in the name of said corporation to collect or to sell, assign, and transfer certain securities described as follows:
such securities having been deposited by it, pursuant to authority conferred by 6 U.S.C. 15, and subject to the provisions thereof and of Treasury Circular No. 154, dated October 31, 1969, as amended, as security for the faithful performance of any and all of the conditions or stipulations of a certain obligation entered into by it with the United States, under date of, which is hereby made a part hereof, and the undersigned agrees that, in case of any default in the performance of any of the conditions and stipulations of such undertaking, its said attorney shall have full power to collect said securities or any part thereof, or to sell, assign, and transfer said securities or any part thereof without notice, at public or private sale, free from any equity of redemption and without appraisement or valuation, notice and right to redeem being waived, and to apply the proceeds of such sale or collection in whole or in part, to the satisfaction of any damages, demands, or deficiency arising by reason of such default, as its said attorney may deem best; and the undersigned further agrees that the authority herein granted is irrevocable.
In witness whereof,
And said corporation hereby for itself, its successors and assigns, ratifies and confirms whatever its said attorney shall do by virtue of these presents. the corporation here inabove named, by (Name and title of officer), duly authorized to act in the premises, has executed this instrument and caused the seal of the corporation to be hereto affixed this day of 19-. •
Before me, the undersigned, a notary public within and for the county of
in the State of
the District of Columbia), personally appeared (Name and title of officer) and for and in behalf of said corporation, acknowledged the execution of the foregoing power of attorney.
[Notarial seal.] Notary Public NOTE.--Securities must be described by title, date of maturity, rate of interest, denomination, serial number, and whether coupon or registered, Failure to give complete description will warrant rejection of this power of attorney.
(c) Application of United States money on default.--If cash is deposited in lieu of sureties on the bond, the district director is authorized to apply such cash, in whole or in part, to the satisfaction of any damages, demands, or deficiency arising by reason of a default under the bond.
Subpart E-- PRODUCTION OF DOCUMENTS
113.41 Entry made prior to production of documents.
When entry is made prior to the production of a required document, a card memorandum on Customs Form 5101 shall be prepared by the importer and presented with the entry, whether the importer gives bond on Customs Form 7551 or 7553, or other appropriate form, or stipulates to produce such document. 113.42 Time period for production of documents.
Except when another period is fixed by law or regulations, any document for the production of which a bond or stipulation is given shall be delivered to the district director within 6 months from the date of the transaction in connection with which the bond or stipulation was given, or within any extension of such time which may be granted pursuant to section 113.43(a). If the period ends on a Saturday, Sunday, or holiday, delivery on the next business day shall be accepted as timely.
113.43 Extension of time period.
(a) Application received within time period.--If a document (other than an invoice or document which must be produced within 2 months, as provided in section 141.61(e) of this chapter) referred to in section 113.42 is not produced within 6 months from the date of the transaction in connection with which the bond or stipulation was given, the district director, in his discretion, upon written application of the importer, may extend the period for one further period of 2 months.
(b) Late application.-- No application for the extension of the period of any bond or stipulation given to assure the production of a missing document shall be allowed by the district director if such application is received later than 2 months after the expiration of the period of the bond or stipulation, and any such extension shall not be allowed by the district director for a period of more than 2 months from the date of expiration of the period.
(c) Acceptance of a free-entry or reduced-duty document prior to liquidation.--When a bond or stipulation is given for the production of any free-entry or reduced-duty document and a satisfactory document is produced prior to liquidation of the entry or within the period during which a valid reliquidation may be completed, provided the failure to file was not due to willful negligence or fraudulent intent, it shall be accepted as satisfying the requirement that it be filed in connection with the entry, and the bond charge for its production shall be cancelled.
113.44 Assent of sureties to an extension of a bond,
(a) Extension prescribed by law or regulations.-- The assent of the sureties to any extension of the period prescribed in a bond is not necessary when the extension is authorized by law or regulations.
(b) Other extension.-- The assent of the sureties shall be obtained before any extension of the period prescribed in a bond, other than an extension authorized by law or regulation, is allowed.
113.45 Charge for production of a missing document made against a term bond.
When a charge for the production of a missing document is made against a term bond, the charge shall be in the amount of the single entry bond that would have been taken had the transaction been covered by a single entry bond.
113.46 Cancellation of bond charges resulting from failure to produce
Section 172.22 of this chapter sets forth provisions relating to the cancellation of bond charges resulting from failure to produce documents.
Subpart F-- ASSESSMENT OF DAMAGES AND CANCELLATION OR
TERMINATION OF BOND
Cancellation of bond or charge against the bond.
The Commissioner of Customs may authorize the cancellation of any bond provided for in this part or any charge that may have been made against such bond, in the event of a breach of any condition of the bond, upon payment of such lesser amount or penalty or upon such other terms and conditions as he may deem sufficient.
If any Customs bond, except one given only for the production of free-entry or reduced-duty documents (see section 113.43(c) and 172.22(c) of this chapter), is unsatisfied upon the expiration of 90 days after liability has accrued thereunder, the matter shall be reported to the United States attorney for prosecution unless measures have been taken to file an application for relief in accordance with the provisions of Part 172 of this chapter or to effect a satisfactory settlement. 113.53 Waiver of Customs requirement supported by a bond.
(a) Waiver by the Commissioner of Customs.-- When a Customs requirement supported by a bond is waived by the Commissioner of Customs, the waiver may be:
(1) Unconditional, in which case the importer is relieved from the payment of liquidated damages; (2) Conditioned upon prior settlement of the bond obligation by payment of liquidated damages; or
(3) Conditioned upon such other terms and conditions as the Commissioner may deem sufficient.
(b) Waiver by the district director.-- When a Customs requirement supported by a bond is waived by the district director pursuant to the authority conferred upon him in these regulations, the waiver shall be unconditional.
(a) Bonds.--Section 172.31 of this chapter sets forth the cancellation of erroneous charges against the bond when it is determined that liquidated damages assessed or paid under a bond did not in fact accrue.
(b) Carnets. --Section 114.34 of this chapter sets forth the cancellation of erroneous charges involving carnets.
113.55 Cancellation of export bonds.
(a) Definition of exportation.-- An exportation is a severance of goods from the mass of things belonging to this country with the intention of uniting them to the mass of things belonging to some foreign country. The shipment of merchandise abroad with the intention of returning it to the United States with a design to circumvent provisions of restriction or limitation in the tariff laws or to secure a benefit accruing to imported merchandise is not an exportation. Merchandise of foreign origin returned from abroad under these circumstances is dutiable according to its nature, weight, and value at the time of its original arrival in this country.
(b) Manner of cancellation.-- A bond to assure the exportation of merchandise may be cancelled:
(1) Upon exportation.-- Upon the specification of such merchandise on the outward manifest or outward bill of lading, the inspector's certificate of lading, the record of clearance of the vessel or of the departure of the vehicle, and the production of a foreign landing certificate if such certificate is required by the district director.
(2) Upon payment of liquidated damages. -- Upon the payment of liquidated damages in accordance with the provisions of section 10.39 of this chapter, if exportation or destruction is not timely in the case of articles entered under schedule 8, part 5C, Tariff Schedules of the United States (19 U.S.C. 1202).
(c) Cancellation of vessel, vehicle, or aircraft bond.-- The requirement of the vessel, vehicle, or aircraft bond, Customs Form 7567 or 7569, may be considered as having been complied with upon the production of the applicable documents mentioned in paragraph (b)(1) of this section.
(d) Foreign landing certificate.-- A foreign landing certificate, when required, shall be produced within six months from the date of exportation and shall be signed by a revenue officer of the foreign country to which the merchandise is exported, unless it is shown that the country has no Customs administration, in which case the certificate may be signed by the consignee or by the vessel's agent at the place of lading. Landing certificates are required in the following
(1) Mandatory. --A landing certificate shall be required in every case to establish the exportation of narcotic drugs or any equipment, stores (except such articles as are placed on board vessels or aircraft under the provisions of section 309 or 317, Tariff Act of 1930, as amended (19 U.S.C. 1309 and 1317)), or machinery for vessels.
(2) Optional with the district director.--A landing certificate may be required by the district director for merchandise exported from the United States, or residue cargo, when he deems such a certificate necessary for the protection of the revenue.
(3) Waiver.-- Except as provided for in section 4.88 of this chapter, in cases where landing certificates are required and they cannot be produced, an application for waiver thereof may be made to the Commissioner of Customs through the district director, accompanied by such proofs of exportation and landing abroad as may be available.
(e) Articles less than $10.--In the case of articles for which the ordinary Customs duty estimated at the time of entry did not exceed $10 and which are exported within the period of the bond (including any lawful extension) but without Customs supervision, the bond may be cancelled upon production of evidence of a bona fide exportation satisfactory to the district director.
113.56 Termination of Bond of Customs Cartman or Lighterman.
(a) Termination by cartman or lighterman. A customhouse cartman or TD 76-324. lighterman may terminate the Bond of Customs Cartman or Lighterman, Customs Form 3855, by filing with the district director by whose office the bond was approved a request for termination. The termination shall take effect on the date requested if the date is subsequent to the date of receipt of the request. If no termination date is requested or the termination date requested is prior to the date of receipt of the request, the termination shall take effect on the date of receipt of the request by the district director. If a new bond with good and sufficient sureties is not furnished by the cartman or lighterman prior to the effective date of the termination of the previous bond, the customhouse cartman's or lighterman's license will terminate concurrently with the bond.
(b) Termination by surety. A surety may, with or without the consent of the principal, terminate the Bond of Customs Cartman or Lighterman, Customs Form 3855, on which it is obligated. The surety shall provide reasonable notice to both the district director by whose office the bond was approved and the principal of his intent to terminate. Such notice shall contain the date on which termination shall be effective and shall be sent by certified mail, with a return receipt requested. If a new bond with good and sufficient sureties is not furnished by the cartman or lighterman prior to the effective date of the termination of the previous bond, the customhouse cartman's or lighterman's license will terminate concurrently with the bond.
Subpart G--SPECIAL PROVISIONS CONCERNING CONSOLIDATED AIRCRAFT BONDS AND GENERAL TERM BONDS FOR THE ENTRY OF MERCHANDISE 113.61
Consolidated Aircraft Bond.
(a) Bond not authorization for carriage of bonded merchandise.--Approval of a Consolidated Aircraft Bond, Customs Form 7605, will not authorize an airline