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Mandatory AES Filing for All Exports that Require SED Information Expected to be Implemented in January 2005

As required by the Foreign Relations Authorization Act, Fiscal Year 2003 (P.L. 107-228), the Census Bureau has been developing regulations to mandate filing through the Automated Export System (AES) of all exports that require Shipper's Export Declaration (SED) information.

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Mandatory AES Proposed Rule Expected to be Published in June 2004

Census sources state that they expect to publish in the Federal Register in June 2004 a proposed rule on mandatory AES filing for all exports that require SED information. Census sources also state that this proposed rule is expected to have a 60-day comment period.

Mandatory AES Expected to be Implemented in January 2005

According to Census, after comments have been reviewed, a final rule on mandatory AES filing for all exports that require SED information is expected to be published in the Federal Register in October 2004. Census sources state they expect that this final rule will have an effective date of 90 days after its publication in the Federal Register (i.e., in January 2005).

Advance Cargo Information Requirements for Outbound Not Expected to be Implemented Until Mandatory AES is in Effect

According to CBP's December 5, 2003 final rule, CBP's advance electronic information presentation requirements for outbound shipments in all modes of transportation, including the pre-departure time frames for reporting export cargo information for required shipments, and the requirement of the ITN, will be implemented concurrent with the completion of the AES Commodity Redesign and the effective date of Census' mandatory AES filing regulations.

Census and CBP sources have confirmed that the AES Commodity Redesign will be implemented in June 2004. (See ITT's Online Archives or 03/26/04 news, 04032615, for recent BP summary on AES Commodity Redesign.) However, as discussed above, Census does not expect its mandatory AES filing regulations to go into effect until January 2005.

CBP has previously stated that the effective date of the advance cargo information requirements for outbound shipments will be announced in the Federal Register.

(See ITT's Online Archives or 05/01/03 news, 03050115, for previous BP summary on Census' implementation of mandatory AES, which provides additional details on the requirements of P.L. 107-228.)