Mandatory AES Filing for All Exports that Require SED Information Expected to be Implemented in Winter 2005/2006
The Bureau of Census' (Census') July 2005 AES Newsletter, contains an article that highlights the upcoming mandatory filing of export information through the Automated Export System (AES) or AESDirect for all shipments where a Shipper's Export Declaration (SED) is currently required, etc.
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Mandatory AES Final Rule Not Expected to be Published until Fall 2005
According to Census' newsletter, plans are being developed for the publication of the final rule on mandatory AES filing for all exports that require SED information in the Fall of 2005.
(On February 27, 2005, Census published a proposed rule to amend its regulations in order to implement full mandatory AES filing.)
Census Expects to Implement Mandatory AES in Winter 2005/2006
According to Census' newsletter and Census sources, Census' final rule on mandatory AES will have an effective date of 90 days after its publication in the Federal Register (i.e., winter 2005/2005 (possibly January 2006)).
(Census had previously stated that it expected to implement mandatory AES in either fall 2005 or late fall 2005. See ITT's Online Archives or 05/25/05 and 10/14/04 news, 05052520 and 04101415, for previous BP summaries.)
Census' newsletter provides highlights of mandatory AES which include (partial list):
The paper Shipper's Export Declaration (SED) Form 7525-V, will be eliminated and AES must be used for all exports that require filing. The new name will be Electronic Export Information (EEI).
New filing time frames:
| Vessel | - 24 hours prior to departure from U.S. port where cargo is laden |
| Air and Courier | - 2 hours prior to departure from U.S. |
| Rail | - 2 hours prior to arrival at the border |
| Truck | - 1 hour prior to arrival at the border |
New Option 4 (postdeparture filing) applications will be accepted. U.S. Principal Parties in Interest (USPPIs) already approved will not need to reapply.
The Internal Transaction Number (ITN) will be mandatory as part of the AES Proof of Filing Citation on bills of lading, air waybills, or other loading documents.
Penalties will increase from $100/day to $1,000/day with a maximum of $10,000 per violation. Penalties can be civil or criminal and can carry up to 5 years in jail. Penalties can be assessed against USPPIs, Forwarder/Agents and/or Carriers.
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 and, more recently, CBP sources, 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, are expected to 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 winter 2005/2006.
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 05/25/05 news, 05052520, for most recent BP summary on the implementation of mandatory AES.
(See ITT's Online Archives or 03/28/05 news, 05032820, for Part XII, the final part of BP's multi-part series of summaries on Census' proposed rule, with links to other parts of the series of summaries.)
Census' AES Newsletter (dated July 2005) available at http://www.census.gov/foreign-trade/aes/aesnewsletter072005.pdf.