Final Rule on Full Mandatory Filing of Export Information in AES Still Delayed
The Bureau of Census' (Census') April 2006 AES Newsletter contains an article that states that the publication date for the final rule on the full mandatory filing of export information in the Automated Export System (AES) is unclear due to two comments raised by the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) related to (1) grandfathering in currently approved U.S. Principal Parties in Interest (USPPIs) under the Postdeparture Program (previously referred to as AES Option 4) and (2) sharing of confidential export information from AES with foreign governments.
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(See ITT's Online Archives or 04/27/06 and 04/03/06 news, 06042799 1 and 06040399 1 for most recent BP summaries on postponement of, and Census/DHS disagreements over, this mandatory AES final rule.)
(Census had previously expected to publish this final rule during the first quarter of 2006. See ITT's Online Archives or 12/20/05 news, 05122020, for BP summary.)
Publication timeframe for Census' mandatory AES final rule still unclear. U.S. government source have recently confirmed that the publication date of Census' mandatory AES final rule is still not known.
Census revises its plans for final rule's effective/implementation dates. Census states that once its final rule is released for publication, the effective date of the mandatory AES final rule will be 30 days after publication in the Federal Register. Census states that the trade will be required to implement the changes 90 days after the effective date (i.e., 120 days after the publication date).
Census sources note that this is a change from its previous statements that the implementation date for its final rule would be 90 days after the publication date.
Census' highlights of mandatory AES. Census' April 2006 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).
Postdeparture Program applications will be accepted via the Internet on the effective date of the final rule. Only USPPIs may apply and already approved USPPIs must meet the new Postdeparture filing requirements.
The current AES Exemption Statement will be called "Proof of Filing Citation."
AES filers will be required to cite the Internal Transaction Number (ITN) as the AES Proof of Filing Citation on bills of lading, air waybills, commercial invoices or other loading documents.
Penalties will increase from $100/day to $1,100/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.
Filing timeframes, in compliance with the Trade Act of 2002, will be as follows:
- Vessel - 24 hours prior to loading cargo on the vessel at the U.S. port where the cargo is laden
- Air and courier - no later than 2 hours prior to the scheduled departure time of the aircraft
- Rail - no later than 2 hours prior to the time the train arrives at the U.S. border to go foreign
- Truck - no later than one hour prior to the arrival of the truck at the U.S. border to go foreign
- Mail/Other - no later than two hours prior to exportation
Census' April 2006 AES Newsletter available at http://www.census.gov/foreign-trade/aes/aesnewsletter042006.pdf.