Mandatory AES Filing for All Exports that Require SED Information Not Expected to be Implemented Until Early Spring 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 Now Expected to be Published in September 2004
Census sources state that a proposed rule on mandatory AES filing for all exports that require SED information has been drafted and is currently circulating among other interested federal government agencies. As a result, Census sources now state that they expect to publish their proposed rule in September 2004 (rather than in June 2004 as they had previously expected). Census sources also state that the proposed rule is expected to have a 60-day comment period.
Census Expects to Implement Mandatory AES in Early Spring 2005
According to Census, after comments on the proposed rule have been reviewed, a final rule on mandatory AES filing for all exports that require SED information will be published in the Federal Register. 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., possibly as early as March 2005).
CBP's 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.
Although AES Commodity Redesign was implemented on June 7, 2004, Census does not expect its mandatory AES filing regulations to go into effect until early spring 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 06/08/04 news, 04060805, for BP summary on the implementation of AES Commodity Redesign on June 7, 2004.
See ITT's Online Archives or 03/29/04 news, 04032910, for most recent BP summary on the implementation of mandatory AES.
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.)