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New Pilot Program to Test Potential Replacement of AES Post-Departure Filing

Friday, January 31, 2014
Sandler, Travis & Rosenberg Trade Report

The Census Bureau announced this week its intention to conduct a test that, if successful, is expected to lead to the discontinuation of the Automated Export System post-departure filing option. The Advance Export Information pilot is a voluntary program in which selected exporters agree to submit a limited set of electronic export information in accordance with existing filing deadlines, followed by the full set of data elements submitted within five calendar days of the date of export. Applications to participate in this pilot are being accepted through April 1, and notifications of acceptance will provide the date that the test environment will be available.

Census notes that currently there are two AES filing options. In AES pre-departure filing, all commodity information is filed electronically prior to departure. Post-departure filing allows approved U.S. principal parties in interest to electronically file the required data elements for eligible shipments no later than five calendar days from the date of exportation. Census has maintained a moratorium on accepting new applications for post-departure filing since August 2003 but has now worked with U.S. Customs and Border Protection to develop the AEI pilot, which is intended to replace post-departure filing and is open to all exporters.

Under the AEI pilot, mandatory data elements will include the USPPI and USPPI identification, ultimate consignee, commodity classification number, commodity description, port and date of export, carrier identification, conveyance name/carrier name, license code/license exemption code, and shipment reference number. Conditional AEI data elements are the authorized agent's identification number (if an authorized agent is used to prepare and file the EEI) and the export control classification number. Census states that these data elements were chosen because they were identified by members of the export trade community as being commonly available prior to export.

Prospective AEI pilot participants must qualify as a USPPI, have 12 months of export reporting history, report a minimum of ten shipments per month (although seasonal exporters will be considered on a case-by-case basis), show an acceptable level of compliance for export reporting for the latest 12-month period, and be compliant with all other federal regulations related to trade import and export transactions.

The following are ineligible for AEI pilot reporting: commodities controlled under Bureau of Industry and Security ECCNs (except those BIS specifically permits to be filed post-departure), any commodity under a general or specific license issued by any U.S. government agency, and all shipments required to be transmitted pre-departure pursuant to 15 CFR 30.4(a).

Census notes that the AEI data will also be used by CBP to target export shipments and enhance border security while minimizing disruption to U.S. commerce.

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