On March 14, 2013, the U.S. Bureau of Census (Census) published new export reporting requirements in the Federal Register. The new requirements were to be implemented on January 8, 2014, but were delayed until April 5, 2014 because programming changes to the Automated Export System (AES) were not completed.
Highlights of changes
Census posted the following highlights of the export reporting changes.
Post-departure filing
Post-departure filing timeframe has changed from 10 calendar days to 5 calendar days.
A moratorium on accepting new applications for post-departure filing is still in place.
Household Goods
Change in Definition-Usual and reasonable kinds and quantities of personal property necessary and appropriate for use by the USPPI in the USPPI’s dwelling in a foreign country that are shipped under a bill of lading or an air waybill and are not intended for sale.
The household goods export code can only be used for shipments where the USPPI is the ultimate consignee.
Used Self-Propelled Vehicles
Must be filed in the AES regardless of value or country of destination.
Must be filed 72 hours prior to export.
Port of export
Specifies that the port of export for shipments by overland transportation is where the goods cross the U.S. border into Canada or Mexico, including transshipments through Canada or Mexico to other countries.
Split Shipments
Applies to all modes of transportation, not just air.
Change in definition – a shipment booked for export that is divided by the carrier into more than one conveyance and sent on two or more conveyances of the same carrier from the same port within 24 hours.
Exclusions
AES filing is not required for licensed goods where the country of ultimate destination is the United States or for goods destined to international waters where the person(s) or entity assuming control of the item(s) is a U.S. citizen or permanent resident alien of the United States.
The Exclusion legend is required to be reported on the bill of lading, air waybill, export shipping instructions, or other commercial loading documents.
Exemptions
The following exemptions were added:
Exports of technical data and defense service exemptions as defined in 22 CFR 123.22 (b)(3)(iii) are exempt from the Electronic Export Information (EEI) filing requirements (§30.37(u)).
Reporting vessels, aircraft, cargo vans, and other carriers and containers when shipping as tools of international trade (§30.37(v)).
Shipments to Army Post Office, Diplomatic Post Office, Fleet Post Office (§30.37(w)).
Shipments exported under License Exception BAG (§30.37(x)).
Specific types of shipments destined for a country listed in Country Group E:1 (§30.37(y)). Country Group E:1 are Cuba, Iran, North Korea, Sudan, and Syria. These countries support acts of international terrorism.
The following exemptions were removed:
Temporary shipments: temporary shipments of goods valued over $2,500 per Schedule B or that fall under 30.2(a)(1)(iv) must be filed in the AES. When reporting temporary exports report the appropriate export information code for temporary goods, such as “TE” export intended for return and “TP” domestic merchandise (§30.37(q) and I).
In-bond (in-transit) shipments (§30.37I). This is covered under the current exclusion (30.2(d)(1)).
International waters
Change in definition- waters located outside the U.S. territorial sea, which extends 12 nautical miles measured from the baselines of the United States, and outside the territory of any foreign country, including the territorial water thereof. Note that vessels, platforms, buoys, undersea systems, and other similar structures that are located in international waters, but are attached permanently or temporarily to a country’s continental shelf, are considered to be within the territory of that country.
For licensed shipments to international waters, it will be required that the person designated on the export license must be reported as the ultimate consignee.
For Bureau of Industry and Security license exceptions and non-licensed shipments to international waters the filer will be required to report the nationality of the person(s) or entity assuming control of the item(s) subject to the EAR.
Data elements
Two data elements were added:
License value – Report the value indicated on the license.
Ultimate consignee –There are four types:
Direct Consumer—a non-government institution, enterprise, or company that will consume or use the exported good as a consumable, for its own internal processes, as an input to the production of another good or as machinery or equipment that is part of a manufacturing process or a provision of services and will not resell or distribute the good.
Government Entity—a government-owned or government-controlled agency, institution, enterprise, or company.
Reseller—a non-government reseller, retailer, wholesaler, distributor, distribution center or trading company.
Other/Unknown—an entity that is not a Direct Consumer, Government Entity or Reseller, as defined above, or whose ultimate consignee type is not known at the time of export.
Census states it will continue its outreach and education efforts through the AES Compliance Seminars and Workshops throughout the United States, as well as Webinars and other presentations.
For further information on Census outreach and education efforts or for assistance with filing EEI, contact the Census Regulations staff at 1-800-549-0595, option 3 or via email at ftdregs@census.gov.
Questions concerning this Regulatory update may be directed to usregaffairs@livingston.com.
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