Census Warns Exporters Against Providing Costa Rican Authorities With Copies of SED or AES Record
The Bureau of Census (Census) has announced that the Government of Costa Rica is requesting a copy of the Shipper's Export Declaration (SED) or Automated Export System (AES) record for exports from the U.S. to Costa Rica. However, Census is warning exporters not to comply with this request as doing so is a violation of the Foreign Trade Statistics Regulations (FTSR).
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Census sources state that Costa Rica passed legislation about a month ago that will require exporters to furnish either a copy of the SED or AES record. These sources noted that this legislation becomes effective March 5, 2004.
Providing Copy of SED/AES Record Could Result in Loss of Rights to Export
According to Census sources, providing a copy of the SED or AES record to Costa Rican authorities could result in the exporter losing their right to export from the U.S.
Census explains that confidentiality provisions on the release of SED information are contained in the FTSR at 15 CFR Part 30.91. This provision states that the information on the SED may not be disclosed to anyone except the U.S. Principal Party in Interest (USPPI) or their agent and only when such a copy is needed to comply with U.S. official legal and regulatory export control requirements.
Census sources note that Census conducts 54 to 58 surveys on export trade that require collecting information from exporters. These sources state that Census cannot risk losing the trade's trust with regard to confidentiality of business information and therefore it will not share information with foreign governments.
Exporters Are Advised to Provide Costa Rican Authorities With Census Letter
Census has posted to its Web site a letter stating its position on Costa Rica's requirement for copies of SEDs or AES records. Census sources advise exporters to provide Costa Rican authorities with a copy of this letter if they encounter problems on or after March 5, 2004. This letter provides contact information for the appropriate Census official who can inform Costa Rican authorities of the conflict between the FTSR and their new requirement.
(Census sources are not aware of any other countries that have implemented or are implementing requirements similar to that of Costa Rica. However, Census sources are aware that many countries want, although are not requiring, some form of export information. Census sources stated that Census cannot agree to such disclosures and noted that a balance must be found between foreign countries information needs and Census' desire to preserve the trade's trust.)
Census' Letter (dated 02/17/04) available athttp://www.census.gov/foreign-trade/regulations/ftsrletters/notice-02172004.htmlhtml