Details of Census' Proposed Rule to Implement Mandatory AES Filing for All Exports that Require SED Information (Part VII)
The U.S. Census Bureau (Census) has issued a proposed rule to amend the Foreign Trade Statistics Regulations (FTSR, 15 CFR Part 30)1 in order to require mandatory filing of export information through the Automated Export System (AES) or AESDirect for all shipments where a Shipper's Export Declaration (SED) is currently required, etc.
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(AES is the electronic method for filing the paper SED information directly with U.S. Customs and Border Protection (CBP) and Census. AESDirect is the Census' free Internet-based system for filing SED information with AES.)
This is Part VII of a multi-part series of summaries and focuses on Census' proposed regulations in 15 CFR 30.7 through 30.10, the remaining sections in Subpart A (General Requirements). See future issues of ITT for additional parts.
Annotating Commercial Loading Documents With Proof of Filing Citations, Etc.
Census' proposed regulations at 15 CFR 30.7 would provide instructions for annotating the bill of lading, air waybill, and other commercial loading documents with the proper proof of filing citations, approved postdeparture filing citations, downtime filing citations, and exemption legends. These proposed instructions are divided as follows:
USML items. Proposed 15 CFR 307(a) states that items identifiedon the U.S. Munitions List (USML) would have to meet the predeparture reporting requirements identified in the International Traffic in Arms Regulations (ITAR) for the State Department requirements concerning AES proof of filing citations, and time and place of filing; and
Non-USML shipments. For shipments other than USML, the U.S. Principal Party in Interest (USPPI) or the authorized agent is responsible for annotating the proper proof of filing citation or exemption legend on the first page of the bill of lading, air waybill or other commercial loading document. Census notes that the USPPI or the authorized agent must provide the proof of filing citation or exemption legend to the exporting carrier. (See 15 CFR 30.7(b) for further details of these proposed requirements, including postdeparture filings, exports of rough diamonds, and AES downtime filing citation.)
Proposed Conditions Governing Time & Place for Presenting Filing Citations, Etc.
Proposed 15 CFR 30.8 sets forth conditions that would govern the time and place to present proof of filing citations, postdeparture filing citations, AES downtime filing citation, and/or exemption legends. This proposed section explains that the USPPI or authorized agent is required to deliver the citations and/or exemption legends that would be required in 15 CFR 30.4(a) for EEI transmitted predeparture.
Proposed 15 CFR 30.8(a) through (c) cover postal exports, pipeline exports, and exports by other methods of transportation, respectively.
Proposed Guidelines on Transmitting & Correcting AES Information
In proposed 15 CFR 30.9 Census sets forth guidelines on transmitting and correcting AES information. Proposed 15 CFR 30.9(a) states that the USPPI or authorized filing agent is responsible for electronically transmitting accurate export information as known at the time of filing in AES and transmitting any changes to that information as soon as they are known.
Proposed 15 CFR 30.9(b) offers guidance for USPPIs and authorized agents on responding to error messages received from AES. See 15 CFR 30.9 for further proposed instructions on transmitting and correcting AES information, including possible penalties for failure to do so.
CBP, Census, BIS, and ICE Could Require Production of Certain Documents
Proposed 15 CFR 30.10 describes the authority that would be given to certain government agencies to require production of documents and also provides proposed guidelines for retaining EEI.
For purposes of verifying the completeness and accuracy of the information reported as required under proposed 15 CFR 30.6, and for other purposes under proposed 15 CFR Part 30, all parties to the export transaction would be required to retain documents or records pertaining to the shipment for five years from the date of export, although the State Department or other regulatory agencies may have recordkeeping requirements for exports that exceed this proposed retention period.
Census further explains that CBP, Census, Bureau of Industry and Security (BIS), Immigration and Customs Enforcement (ICE), and other participating agencies could require that EEI and certain other documents and information bearing upon a particular exportation be produced at any time within that 5 year period. See proposed 15 CFR 30.10(a) for potential formats in which EEI could be retained.
Proposed 15 CFR 30.10(b) provides guidance on retaining EEI for AES filers, as well as for filers using AESDirect and/or AESPcLink.
(See ITT's Online Archives or 10/29/03 news, 03102910, for BP summary of Census' advance notice of proposed rulemaking on these issues. See ITT's Online Archives or 02/18/05, 02/24/05, 03/02/05, 03/03/05, 03/04/05, and 03/09/05, 05021810, 05022430, 05030215, 05030325, 05030415, and 05030915, for BP summaries of Parts I-VI of BP's series of summaries on the proposed rule.)
- written comments due by 04/18/05
Census contact - C. Harvey Monk, Jr. (301) 763-2255
Census proposed rule (FR Pub 02/17/05, D/N 031009254-4355-02) available at
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-2926.pdf