Mandatory AES Final Rule Still Delayed, AES Compliance Review Program for 2007, Etc.
According to sources at the Census Bureau's Foreign Trade Division, the final rule on the mandatory filing of export information in the Automated Export System (AES) is still delayed.
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(In April 2006, the Census Bureau stated that the publication date for the final rule on the full mandatory filing of export information in AES is unclear due to concerns 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. See ITT's Online Archives or 06/02/06 news, 06060220 for BP summary.)
Census is continuing its discussions with DHS and CBP regarding their concerns. Sources state that it is not known when the final rule will be issued or when implementation will begin. In the meantime, Census is looking to target the largest paper filers to try to convince them to voluntarily use AES.
New Initiative for 2007 - AES Compliance Review Program
According to sources, Census will begin a new initiative in 2007, the AES Compliance Review Program. The program will involve visits to both compliant and noncompliant companies.
Companies will be given 1-2 months notice of their selection for this program prior to Census' visit. Census states that it wants to see the practices of compliant companies in order to assist those who need help with compliance. After the visit, noncompliant companies would be given a 90-120 day window to improve compliance. If compliance is not improved, the company would be referred to CBP, the Bureau of Industry and Security (BIS), or the State Department, depending on the violation.
Sources explain that during the review, if it sees there are BIS licensing issues, it will refer the company to BIS. All other compliance issues, with the exception of those related to the International Traffic in Arms Regulations (ITAR), will be referred to CBP. Any ITAR issues will be referred to the State Department. Sources note that these referrals will not be automatic; it will evaluate the issues at that time and make a decision on what additional action should be taken.
(Note that Census previously stated that these compliance reviews would be for educational purposes only. See ITT's Online Archives or 11/30/06 news, 06113020 for BP summary of the program.)
Census, CBP Discuss Need for an ACE Electronic Export Manifest
Sources also stated that CBP and Census have discussed the need for an Automated Commercial Environment (ACE) electronic export manifest. This export manifest is targeted to be deployed in ACE in approximately 2011.