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Census Proposes New AES Data Element for Certain USML Exports

The Census Bureau this week proposed that exporters submit a new data element in the Automated Export System when shipping items classified under U.S. Munitions List Category XXI. Census said the proposed change, previewed by an agency official last month (see 2304260047), could help the Commerce Department “collect additional data” on Category XXI exports, which includes articles, technical data and defense services “not otherwise enumerated” under other USML categories.

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The agency is seeking comments on the proposal by July 3, including feedback on the “potential value” of a new “21” data element in AES’ USML Category Code field. Census also is looking for information on how long companies that use proprietary software would need to make “programming changes” to add the new “Category XXI Determination Number field” to the AES interface, and whether there are any “business practices that a company would need to implement in order to” comply with the proposed reporting requirement.

The proposed rule would also make several other changes, including revisions to the Foreign Trade Regulations (FTR) to update International Traffic in Arms Regulations references in two existing data elements: the Directorate of Defense Trade Controls Significant Military Equipment Indicator and DDTC Eligible Party Certification Indicator.

The rule also would make “remedial changes” to the FTR that were proposed in a 2021 notice because “comments to these changes were favorable.” Those changes are intended to “improve clarity and to correct errors,” Census said in the 2021 notice.