Costa Rica Delays Requirement that SED Copy or AES Record be Provided for U.S. Exports
Sources at the Bureau of Census (Census) have stated that the Costa Rican government has delayed implementation of a new requirement that exporters furnish a copy of the Shipper's Export Declaration (SED) or Automated Export System (AES) record for exports from the U.S. to Costa Rica. Prior to the delay, this new requirement was scheduled for implementation starting March 5, 2004.
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According to Census sources, a letter issued by the Costa Rican Customs Administration announcing the delay does not specify when, or if, these requirements will be implemented in the future.
State Department sources explain that Costa Rica has suspended this requirement for U.S. shipments until Costa Rican and U.S. authorities can devise a solution to the U.S. government's concerns about sharing SED copies and AES records. These sources note that, to their knowledge, Costa Rica has suspended this requirement for U.S. shipments only and shipments from other countries may still have to comply with Costa Rica's new legislation.
Providing Copy of SED/AES Record Could Result in Loss of Rights to Export
Census sources have previously stated that 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 has also explained that confidentiality provisions on the release of SED information are contained in the Foreign Trade Statistics Regulations (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.
(See ITT's Online Archives or 03/05/04 news, 04030530, for BP summary of a letter stating Census' position on this matter along with its recommendations to affected parties.)
Costa Rica's Letter Delaying Implementation (available in Spanish only, dated 03/04/04) available via fax (3 pages) by emailing staff@brokerpower.com
BP Note
Although the Costa Rican Customs Administration's letter is currently available only in Spanish, Census sources have indicated that they are attempting to obtain an English translation of this document. BP will alert subscribers if and when such a document becomes available.