Census Publishes Final Foreign Trade Regulations Rewrite
The Census Bureau released its final rule amending the Foreign Trade Regulations, making major changes to reflect new export reporting requirements. The rule requires mandatory filing of export information through the Automated Export System or through AESDirect for all shipments of used self-propelled vehicles and temporary exports. It makes modifications to the postdeparture filing program (also called Option 4), including changing the filing deadline from 10 days to 5.
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The rule is effective Jan. 8, 2014, except for two sections covering electronic export data elements which have not yet been approved by the Office of Management and Budget. Those sections are 30.6(a)(24) -- a routed export transaction indicator, a mandatory element -- and 30.6(b)(15), which is the State Department's Directorate of Defense Trade Controls registration number, a conditional element.
Besides shortening the filing deadline by five days, the rule makes various alterations to the postdeparture filing program, 15 CFR 30.5, including:
- Removes the proposed rule's requirement that postdeparture reporting will only be allowed for commodities on the approved list for postdeparture filing. This change comes in response to worries from stakeholders, who said in comments they were concerned about the limited commodities available for postdeparture reporting.
- Adds two sections to 305.5(c). One clarifies that the Census Bureau may revoke postdeparture privileges of an approved U.S. Principle Party in Interest, if it exports commodities that must be filed predeparture. The other says that the USPPI will be denied postdeparture filing status if unable to meet AES requirements.
- Census Bureau’s proposed commodity based departure program will not be implemented. And the moratorium on new postdeparture filers remains in place. But the rule revises 30.5 so that when a new program is in place and the moratorium ends, “the certification and approval requirements will be strengthened to address U.S. national security concerns and interests,” the rule says.
See future issues of ITT for more information on the final rule.
(Federal Register 03/14/13)