US Mandates Automated Export Filing

The US Census Bureau has issued its final rule implementing provisions requiring mandatory filing of export information through the Automated Export System (AES). It is a joint venture between CBP, the Foreign Trade Division of the Bureau of the Census (Commerce), the Bureau of Industry and Security (Commerce), the Directorate of Defense Trade Controls (State), other Federal agencies, and the export trade community.

Becoming effective on July 2, 2008, the Census Bureau now requires mandatory filing of export information through the Automated Export System (AES) or through the AESDirect for all shipments where a Shipper's Export Declaration (SED) is required.

The Census Bureau is providing an additional 90 days to implement these new requirements. After the 90-day implementation period, which ends September 30, 2008, exporters must file export information electronically through the AES or AESDirect.

Additionally, these new regulations have tougher penalty provisions that affect everyone in the export process, says the Census Bureau. Penalties may be imposed per violation of the Foreign Trade Regulations (FTR) from $1,100 to $10,000 both civil and criminal, for the delayed filing, failure to file, false filing of export information, and/or using the AES to further any illegal activity. Also, all AES filers are faced with new filing deadlines by mode of transportation for reporting export information.

The Census Bureau has instructed filers of export information to make every effort to submit these data via the AES or AESDirect to eliminate the use of paper SEDs immediately. During the 120-day implementation phase, the Census Bureau will use “informed compliance” to reach out to filers identified as being in violation of the FTR. Anyone submitting paper after September 30, 2008 will be in violation of the FTR and subject to penalties.

The Census Bureau can assist with information on the new FTR and filing export information electronically through the AES. Exporters may call 1-800-549-0595 with questions. AES Compliance Seminars, and AESPcLink Certification Workshops will be offered in various cities in the United States. To find out more about these seminars and workshops, visit the Census Bureau Web site at www.census.gov/trade.

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