Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Automated Export System Becomes Mandatory For Exports

On May 30, 2008, the Census Bureau issued a reminder to the trade that all export data must now be reported through the Automated Export System (AES). The final rule implementing mandatory AES filing was published in the Federal Register on June 2, 2008. There is a 120 day phase in period during which Census will operate relying on informed compliance, meaning it will work with the trade. After that period expires, we can expect penalties to be assessed and perhaps shipments to get held.

The new regulations can be found at: edocket.access.gpo.gov/2008/pdf/E8-12133.pdf. Census is also providing telephonic assistance at 800-549-0595. Census is also conducting public meetings and training. A schedule of these events can be found at: www.census.gov/foreign-trade/aes/meetingsandpresentations/index.html, To further assist the exporting community, Census has also identified AES best practices which can be found at: www.census.gov/foreign-trade/aes/documentlibrary/bp/aes_bestpractices.html.

In that same vein of doing things correctly, BIS has published guidance to the freight forwarding community about its responsibilities when it comes to the export of sensitive goods. Those details can be found at: www.bis.doc.gov/complianceandenforcement/ 

 

freightforwarderguidance.htm and www.bis.doc.gov/enforcement/ freightforwarderguidance.htm, as well as "Know Your Customer Guidance" at https://www.bis.doc.gov/complianceandenforcement/

 

knowyourcustomerguidance.htm

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