"Mandatory AES" Notice

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Notice to U.S. Customs and Border Protection (CBP) Headquarters, Port Directors, Department of Commerce District Offices, U.S. Principal Parties in Interest, Freight Forwarders, Authorized Agents, Exporting Carriers, and All Others Concerned

The U.S. Census Bureau has issued the final rule implementing provisions in the Foreign Relations Authorization Act, Public Law 107-228.  This rule was published in the Federal Register on June 2, 2008, amending Title 15, Code of Federal Regulations, Part 30, Foreign Trade Regulations (FTR) in its entirety.  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.  We are also providing the trade an additional 90 days to implement these new requirements.  After the 90-day implementation period, which ends September 30, 2008, you must file your export information electronically through the AES or AESDirect.

Additionally, 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.  Also, all AES filers are faced with new filing deadlines by mode of transportation for reporting export information.  It is important that you understand these new requirements so that you avoid the increased penalties and seizure of your 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 120-day 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.   

The Census Bureau can assist you in understanding the new FTR and filing export information electronically through the AES.  You may call 1-800-549-0595 with any questions you may have regarding the FTR or AES.  We encourage you to attend, “The AES Compliance Seminars,” or the “AESPcLink Certification Workshops” offered in various cities in the United States.  To find out more about these seminars and workshops, visit our Web site at <www.census.gov/trade>.  Additionally, we offer AESDirect, the free Internet-based application for companies that register on-line at the following Web site <www.aesdirect.gov>.