AES Newsletter Discusses Upcoming Mandatory AES Filing for All Exports that Require SED Information
Census has recently issued its July 2004 AES Newsletter which includes articles on its plans to implement mandatory filing through the Automated Export System (AES) of all exports that require Shipper's Export Declaration (SED) information.
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(Census sources have recently stated that the proposed rule is expected in September 2004, with implementation in early spring 2005.)
According to the newsletter, "highlights" of this mandatory AES filing will include:
Elimination of paper SED. The paper SED, Shipper's Export Declaration Form 7525-V, will be eliminated and AES must be used for all exports that require filing.
Elimination of DECs. The Data Entry Center (DEC) program will cease to exist. Current DEC filers must obtain Power of Attorney or written authorization from U.S. Principal Parties in Interest (USPPIs) and become Forwarding Agents.
New AES Option 4 applications will be accepted. Option 4 will accept new applications. According to Census, USPPIs already approved will not need to reapply.
(Census suspended its acceptance of letters of intent (LOI) for the AES Post-Departure Filing Program (Option 4) as of August 15, 2003, pending issuance of mandatory AES regulations. See ITT's Online Archives or 08/26/03 news, 03082610, for BP summary.)
New filing time frames will apply. The following new filing time frames will apply:
| Mode | Filing Time Frame |
|---|---|
| Vessel | 24 hours prior to departure from U.S. port where cargo is laden |
| Air & Courier | 2 hours prior to departure from U.S. |
| Rail | 2 hours prior to arrival at the border |
| Truck | 1 hour prior to crossing the border |
(See ITT's Online Archives or 12/16/03 news, 03121610, for BP summary of CBP final rule on the advance electronic presentation of cargo information, which established the time frames listed above.)
Name of AES exemption statement will change. The current AES exemption statement will be called the "Proof of Filing Citation."
ITN will be mandatory. The Internal Transaction Number (ITN) will be mandatory as part of the AES Proof of Filing Citation on bill of ladings, air waybills, or other loading documents.
New Proof of Filing Citation will be present for shipments moving under downtime. A new Proof of Filing Citation for shipments moving under downtime will be present. The external transaction number (XTN) can no longer be used except during downtime.
Penalties will increase. Penalties will increase from $100/day to $1000/day with a maximum of $10,000 per violation. Penalties can be civil or criminal and can carry up to five years in jail. Penalties can be assessed against USPPIs, forwarders/agents and/or carriers.
(See ITT's Online Archives or 10/04/02 news, 02100410, for previous BP summary on the higher penalties for export filing noncompliance and unlawful export information activities established by Public Law (P.L.) 107-228.)
(See ITT's Online Archives or 07/30/04 news, 04073010, for recent BP update on Census' plans for its regulations on mandatory AES filing.)
July 2004 AES Newsletter (Volume 1, Issue 19) available at
http://www.census.gov/foreign-trade/aes/aesnewsletter072004.pdf.