U.S. Customs and Border Protection and customs sureties have both reported a significant increase in identity theft and fraudulent importing activity. In response, CBP has begun placing greater emphasis on verifying an importer’s right to make entry (RTME) before cargo is released. President Trump’s June 3, 2026, executive order, “Strengthening Customs Enforcement,” mandates importers of record to maintain “good standing,” which means evaluating the importer’s and its affiliates’ history of compliance with U.S. customs and trade laws, payment of customs duties and other liabilities, and other relevant compliance factors.
CBP will introduce expanded and ongoing vetting procedures for parties involved in the importation process. These reviews are expected to apply to importers of record (IORs), foreign IORs, affiliated companies, customs brokers, bonded warehouse operators and custodians, freight forwarders and other entities participating in the importation of goods.
As part of these reviews, shipments may be held at the port of entry while CBP confirms that the designated IOR has the legal authority and financial interest necessary to make entry. Customs brokers may be asked to provide copies of the customs power of attorney used to file the entry, along with commercial documents demonstrating the importer’s ownership or financial interest in the merchandise. CBP has also requested documentation supporting the authenticity of the power of attorney, including government-issued photo identification for the individual who executed the authorization. This includes an unexpired government-issued photo ID, such as a driver’s license or passport, for each individual authorized to sign the power of attorney on behalf of the company.
CBP considers the right to make entry a condition of release, meaning cargo may not be released until the review is complete. These examinations can result in unexpected delays, as well as additional storage, demurrage and other supply chain costs.
Importers should ensure their corporate records, transactional documentation and customs power of attorney are current and readily available. Maintaining complete and accurate records and working proactively with customs brokers can help minimize delays and facilitate a timely response if a shipment is selected for a right-to-make-entry review.
Understanding the Right To Make Entry Ahead of the ‘Strengthening Customs Enforcement’ Executive Order
When goods are imported into the United States, not just anyone can serve as the importer of record (IOR). CBP’s “right to make entry” directive establishes who is legally permitted to make entry and assume responsibility for complying with U.S. customs laws.
Who Has the Right To Make Entry?
Generally, the right to make entry belongs to:
- The owner or purchaser of the merchandise
- A licensed customs broker designated by the owner, purchaser or consignee through a valid customs power of attorney
CBP broadly interprets “owner or purchaser” to include any party with a financial interest in the imported merchandise, including:
- The actual owner or buyer
- Buying or selling agents
- Consignment importers
- Importers under lease or loan arrangements
- Companies importing products for repair, alteration, testing or further manufacturing
- Companies importing goods for exhibitions or trade shows
Who Does Not Have the Right?
A nominal consignee, someone whose only connection to the shipment is appearing on a bill of lading or other shipping document, generally cannot act as the importer of record unless a licensed customs broker files the entry on its behalf.
Why It Matters
The importer of record is legally responsible for:
- The accuracy of the customs entry
- Classification, valuation and country-of-origin declarations
- Payment of duties, taxes and fees
- Maintaining required records
- Compliance with all applicable partner government agency requirements
Selecting the proper importer of record is critical, as the IOR bears primary responsibility for customs compliance and any resulting penalties or enforcement actions.
