Foreign Importer of Record Requirements: What Foreign Companies Should Know

Can a foreign company be the U.S. importer of record? Under current law, yes — here's what you need today (resident agent, importer number, bond, POA, reasonable care), then a clear four-layer breakdown of what EO 14411 changes.

The most common question we get from overseas companies is simple: can we be the importer of record into the United States? Under current law, the answer is yes. This article gives you the practical answer first — what a foreign IOR actually needs today — and then, in a clearly separated section, explains how Executive Order 14411 and CBP's August 2026 CTPAT Alert would change the picture once CBP implements them.

AP Customs is not currently CTPAT validated. CBP's announced foreign-IOR requirements are still being implemented, and no compliance dates have been set. We are monitoring CBP's implementation and can help businesses understand current customs requirements and prepare for the announced changes.

Today, a foreign company can be the U.S. importer of record: designate a resident agent for service of process, get an importer number, post a bond, sign a power of attorney for a licensed customs broker, and meet the reasonable-care duty on classification, valuation, and origin. EO 14411 would change these rules — but nothing has taken effect yet.

Can a Foreign Company Be the Importer of Record Today?

Yes. CBP's regulations address this directly. Under 19 CFR § 141.18, a nonresident corporation may enter merchandise for consumption if it designates a resident agent in the state where the port of entry sits, authorized to accept service of process against the corporation, and files a bond on CBP Form 301 with a resident corporate surety. That agent, plus the bond, gives CBP the legal reach and financial guarantee it requires.

Importer Number and Registration

A foreign IOR needs an importer number on file with CBP. A company without a U.S. tax ID typically obtains a CBP-assigned importer number by filing CBP Form 5106. This is the record CBP ties every entry back to, so getting the entity details, ownership, and address right at setup matters.

Bonds Today: Continuous vs. Single-Entry

A customs bond is required for formal entries under 19 CFR Part 113, and formal entry is generally required above the informal-entry limit — informal entry is limited to shipments of $2,500 or less (19 CFR § 143.21). A foreign IOR chooses between a continuous bond, which covers all entries at any U.S. port for 12 months, and a single-entry bond, which covers one shipment. For regular volume, a continuous bond is almost always more efficient. Our guide on choosing between them walks through the tradeoffs — and note the EO would change the bonding rules for foreign IORs, covered below.

Power of Attorney and the Customs Broker

To have a licensed customs broker file entries on your behalf, you sign a power of attorney (POA). Under 19 CFR Part 111, the broker exercises responsible supervision and control over the customs business it conducts for you. A foreign IOR can grant a POA today — the broker files, but the importer of record remains the legally responsible party.

Documentation, Classification, Valuation, and Origin

The importer of record — foreign or domestic — carries the reasonable-care duty under 19 U.S.C. § 1484. That means you are responsible for declaring the correct HTS classification, the correct customs value, and the correct country of origin, and for keeping records that support each. A broker helps, but the legal responsibility stays with the IOR. Clean, defensible files are the foundation of every point that follows.

Setting up as a foreign importer of record?

What EO 14411 Changes — Four Layers to Keep Separate

Everything below is forward-looking. Executive Order 14411 was signed June 3, 2026 (Federal Register 91 FR 35125). CBP's CTPAT Alert was published August 12, 2026. The EO directs CBP to revise regulations; the Alert describes what CBP anticipates. No implementing rules or compliance dates have been issued. To avoid confusion, this section keeps four layers strictly apart.

Layer 1 — What a foreign IOR can and must do TODAY

• Act as importer of record through a resident agent for service of process (19 CFR § 141.18).
• Hold an importer number (CBP Form 5106) and post a bond — continuous or single-entry — under 19 CFR Part 113.
• Authorize a licensed customs broker by power of attorney to file entries (19 CFR Part 111).
• Meet the reasonable-care duty for classification, valuation, and origin (19 U.S.C. § 1484). No CTPAT validation is required.

Layer 2 — What EO 14411 DIRECTS CBP to change

• Prohibit foreign IORs from informal entry (§2(b)(i)).
• For formal entries, generally bar a foreign IOR from relying on a continuous bond — unless CBP permits it after the importer shows revenue is fully protected and compliance assured — and require the foreign IOR to be CTPAT-validated (if eligible) or file through a CTPAT-validated licensed customs broker, a CVCB (§2(c)(i)).
• Require added data and disclosures — anticipated volumes, year organized, ownership and beneficial ownership, affiliations, domestic assets (§2(a)).
• Require all IORs to maintain "good standing," defined by compliance and payment history (§2(d)); revise mitigation to set a minimum penalty floor of at least 50% and no mitigation for repeat offenders (§4(c)).

Layer 3 — What CBP SAYS IT FORESEES (the Alert)

• CVCBs will need to perform comprehensive vetting of foreign clients before conducting customs business.
• CBP foresees that vetting covering legal identity, ownership structure, business affiliations, U.S. assets, compliance and import history, ability to pay duties, and supply-chain, classification, valuation, and origin detail.
• CVCBs will be expected to retain vetting records, POAs, and communications to demonstrate due diligence.
• Brokers who fail due diligence or represent non-compliant clients could face penalties, more frequent audits, and potential suspension or removal from CTPAT.

Layer 4 — What REMAINS UNKNOWN pending implementation

• Any effective or compliance date — none has been announced.
• How CBP will determine foreign-IOR CTPAT eligibility and run the validation process.
• The precise "good standing" definition and its appeal or restoration process.
• The continuous-bond exception standard — what "revenue fully protected" and "compliance assured" require — and the minimum asset and bond amounts.
• Which entries or modes the informal-entry prohibition will cover, and how it interacts with de minimis.

Treat the "180 days" in the EO as CBP's own deadline to propose changes — not a countdown importers must beat. Until CBP issues rules with effective dates, the Layer 1 requirements are the ones you actually operate under.

What to Do While CBP Develops the Rules

• Confirm your resident-agent designation and importer number are current and accurate.
• Review your bond type and amount against your volume and duty exposure now.
• Assemble clear ownership and beneficial-ownership records — the EO contemplates disclosing them.
• Keep defensible classification, valuation, and country-of-origin files under reasonable care.

This article is general information for importers, NVOCCs, and freight forwarders and is not legal advice. Current-law statements describe general practice; specific setups should be confirmed with counsel and a licensed customs broker. Executive Order 14411 and CBP's August 2026 CTPAT Alert are forward-looking, and CBP has not issued implementing rules or compliance dates. Confirm current requirements against CBP guidance.