BUREAU OF THE CENSUS: Mandatory Automated Export System (AES) Filing for all Shipments Requiring Shipper's
Export Declaration Federal Register Orders Mandatory Automated Export System Filing for all Items on the Commerce Control List and the United States Munitions List The Bureau of the Census is issuing this special program notice to announce to the export community that the Automated Export System Certification Report was submitted to Congress. The Certification Report verifies the security and successful implementation of the AES, an electronic system for filing Shipper's Export Declarations. In the future, the Census Bureau will issue proposed and final rules in the Federal Register providing additional information about the AES requirements and allowing the public to comment. In addition, this notice announces the requirement for the mandatory Automated Export System filing for all items on the Commerce Control List and the United States Munitions List, whether or not a license is required. This requirement is mandated by Public Law 106-113, Title XII, "Security Assistance," Subtitle E, "Proliferation Prevention Enhancement Act of 1999". This law will require that exporters or their agent's who are required to file SEDs, file such declarations through the AES with respect to exports of items on the CCL and the USML. Section 1252 of this law stipulates that the mandatory filing through the AES of all items on the CCL and the USML will take effect 270 days after the Secretary of Commerce, the Secretary of the Treasury, and the Director of the National Institute of Standards and Technology provide certification to the Senate Committee on Foreign Relations and the House Committee on International Relations that the U.S. Customs Service AES mainframe computer system and the U.S. Census Bureau Internet based AESDirect system are secure and functional systems capable of implementing the provisions of Pub. L. 106-113. In response to this provision, the Secretaries of Commerce and Treasury and the Director of NIST provided such certification and an AES Certification Report to the appropriate committees of Congress in June 2001 initiating the 270-day countdown. 66 FR 39006-07, July 26 2001 (Program notice) Automated Export System Mandatory Filing for Items on the Commerce Control List and the United States Munitions List That Currently Require a Shipper's Export Declaration The U.S. Census Bureau is amending the Foreign Trade Statistics Regulations to incorporate requirements for the mandatory Automated Export System (AES)/AESDirect filing for items identified on the Department of Commerce's Commerce Control List and the Department of State's United States Munitions List. The AES is the electronic method to file the Shipper's Export Declaration and the ocean manifest information directly with the U.S. Customs Service. AESDirect is the Census Bureau's free Internet-based system for filing SED information with the Customs' AES. Further references to AES covers both AES and AESDirect. You are only required to file information via AES for those items that require a SED. This rule will, among other things, provide provisions for AES mandatory filing in the FTSR. 67 FR 62911-18, October 9 2002 (Notice for proposed rulemaking and request for comments) Automated Export System Mandatory Filing for Items on the Commerce Control List and the United States Munitions List That Currently Require a Shipper's Export Declaration The U.S. Census Bureau is amending the Foreign Trade Statistics Regulations to incorporate requirements for the mandatory Automated Export System (AES)/AESDirect filing for items identified on the Department of Commerce's Commerce Control List and the Department of State's United States Munitions List. The AES is the electronic method to file the paper Shipper's Export Declaration and the ocean manifest information directly with the Bureau of Customs and Border Protection. AESDirect is the Census Bureau's free Internet-based system for filing SED information with the CBP's AES. Further references to AES covers both AES and AESDirect. You are only required to file information via AES for those CCL and USML items that require an SED. This rule will, among other things, provide provisions for AES mandatory filing in the FTSR. 68 FR 42533-43, July 17 2003 (Final Rule) Mandatory Automated Export System Filing for all Shipments Requiring Shipper's Export Declaration Information The U.S. Census Bureau is issuing this advance notice of proposed rulemaking to announce and to solicit comments on the Census Bureau's intent to propose a rule that would make mandatory the filing of all export shipments requiring Shipper's Export Declaration information on the Automated Export System (AES)/AESDirect. The Census Bureau also requests comment on its intention, subject to agreement with the Bureau of Customs and Border Protection and other federal agencies participating in the AES, to modify the AES Option 4 post-departure filing program. The Census Bureau welcomes any comments or concerns regarding the impact of these intended changes on the export community. 68 FR 60301-02, October 22 2003 (Advance notice of proposed rulemaking and request for comments) Amendment to the International Traffic In Arms Regulations: Mandatory Electronic Filing of Shipper's Export Declarations With U.S. Customs Using the Automated Export System (AES): Final Rule This amendment to the International Traffic in Arms Regulations (ITAR) implements the Congressional requirement of the Arms Export Control Act (AECA) for exporters of U.S. Munitions List (USML) articles to provide to the Department of State a report containing all shipment information, to include a description of the item, quantity, value, port of exit, end user and country of destination of the item; and, the Congressional mandate in Public Law l06-113 that amended Section 30l, of Title 13 of the U.S. Code authorizing the Secretary of Commerce to require the mandatory electronic filing of export information through the Automated Export System (AES) for items identified in the Commerce Control List (CCL) and the Department of State's U.S. Munitions List (USML) that require a Shipper's Export Declaration (SED). In implementing these mandates it was determined that for shipments requiring a SED the use of the AES system by the Department of State would be the least burdensome to the exporting community. Also, adoption of the AES system by the State Department will be economically beneficial to the USG and provide information on exports of defense articles using a U.S. Port in a more timely, consistent and accurate manner. It will also serve to improve the quality, timeliness and consistency of Congressionally mandated reports. 68 FR 61098-03, October 27 2003 (Final Rule) Statutory Authority Public Law 106-113, Title XII, Security Assistance Act, Subtitle E, Proliferation Prevention Enhancement Act of 1999
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