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Division
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Investment and Export
PO Box 7970
Madison, WI 53707-7970
USA
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Vol.
7 #6, July 2008
Mandatory Electronic Filing Now in Effect
As part of new Foreign Trade Regulations (FTR), effective
July 2, 2008, the Census Bureau is requiring mandatory filing of export
information through the Automated Export System (AES) or through the
AESDirect for all shipments where a Shipper’s Export Declaration
(SED) is required. After a 90-day implementation period, which
ends September 30, 2008, exporters must file their export information
electronically through the AES or AESDirect.
These new regulations have tougher penalty provisions that affect
everyone in the export process. Penalties may be imposed per
violation of the FTR from $1,100 to $10,000 both civil and criminal,
for the delayed filing, failure to file, false filing of export
information, and/or using the AES to further any illegal
activity.
The U.S. Department of Homeland Security’s U.S. Customs and
Border Protection (CBP) timed the implementation of its new regulations
pertaining to pre-departure electronic filing of export cargo
information to coincide with the new Census Bureau rules. The new
timeframe for providing the filing information to exporting carriers or
pipeline operators will be:
- Vessel Cargo = 24 hours prior to loading
- Air Cargo = 2 Hours Prior to Scheduled Departure
- Truck Cargo = 1 Hour Prior to Arrival at U.S. Border
- Rail Cargo = 2 Hours Prior to Arrival at U.S. Border
- Pipeline Exports = Within 4 Days of End of Month
- Mail and Other = 2 Hours Prior to Exportation
- Post-Departure = No later than 10 Days from Export
It is important that exporters understand these new requirements so
that they avoid the increased penalties and seizure of
commodities. The Census Bureau has instructed filers of export
information to make every effort to submit these data via the AES or
AESDirect to eliminate the use of paper SEDs immediately. During
the implementation phase, the Census Bureau will use “informed
compliance” to outreach to filers identified in violation of the
FTR. Anyone submitting paper after September 30, 2008 will be in
violation of the FTR and subject to penalties.
Information on AES Compliance Seminars and AESPcLink Certification Workshops is available on-line at http://www.census.gov/trade. AESDirect is a free Internet-based application for companies that register on-line at http://www.aesdirect.gov.
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