2000U.S. Census Bureau

Regulations, Outreach & Education Branch

* * * *Regulations Update

Foreign Trade Division

October 2000

U.S. Census Bureau 2000

Today’s Topics

• Mandatory filing in AES

• New Shipper’s Export Declaration

• U.S. Principal Party in Interest

U.S. Census Bureau 2000

Mandatory Filing in AES• Proliferation Prevention Enhancement Act of

1999 - H.R. 3194

• Certification Report

• AES Feasibility Report

• Submit reports to the Senate Committee on Foreign Relations and the House Committee on International Relations

U.S. Census Bureau 2000

Mandatory Filing in AES• Certification report

• Certify functionality and security of AES/AESDirect• Mandatory for USML and CCL shipments• Effective 270 days after Congress approval

• Feasibility report• Advisability and feasibility of mandatory AES for all

exports• Use of AES by other Federal agencies• Mandate AES in 4 phases over 5 years

U.S. Census Bureau 2000

Actions to Date

• Feasibility Report submitted to Congress

• Security Assessment report submitted to Census, June 2000

• Certification Report drafted

U.S. Census Bureau 2000

New Shipper’s Export Declaration• Effective 10/1/2000

• 180 day grace period – April 2001

• Consistent with AES/USPPI

• Available on FTD web site• www.census.gov/foreign-trade/www

• Delete Form 7525-V-Alt (Intermodal)

U.S. Census Bureau 2000

US Principal Party in Interest• The U.S. Principal Party in Interest - The person in the

United States that receives the primary benefit monetary or otherwise of the export transaction.

• GENERALLY THAT PERSON CAN BE THE:• U.S. Seller (wholesaler/distributor) of the

merchandise for export.• U.S. Manufacturer if selling the merchandise for

export.• U.S. Order Party - Party who directly negotiated

between the U.S. seller and foreign buyer and received the order for the export of the merchandise.

• Foreign Entity if in the U.S. when items are purchased or obtained for export.

U.S. Census Bureau 2000

USPPI Responsibilities Export Transaction (FTSR 30.4(b))

• File SED/AES record OR authorize a forwarding/other agent to file via power of attorney, written authorization, or signing paper SED.

• If authorizing a forwarding/other agent, provide information to agent to completing the SED/AES record.

• Maintain documentation to support the information reported on the SED/AES record.

U.S. Census Bureau 2000Forwarding/Other Agent Responsibilities

Export Transaction (FTSR 30.4(b))

• Prepare SED/AES record based on information obtained from the USPPI or other parties to the transaction.

• Obtain a power of attorney, written authorization, or signed SED from a USPPI.

• Provide USPPI a copy of the export information filed in the form of a completed SED, electronic facsimile, or in a manner prescribed by the USPPI.

• Maintain documentation to support information reported on the SED/AES record.

U.S. Census Bureau 2000

USPPI Responsibilities Routed Export Transaction (FTSR 30.4c))

• Provide basic commodity information to the forwarding/other agent for completing the SED/AES record, including name, EIN, value & Schedule B #.

• Maintain documentation to support information provided to the forwarding/other agent.

• NOTE: The USPPI is not required to provide the forwarding/other agent with a power of attorney or written authorization.

U.S. Census Bureau 2000

Forwarding/Other Agent ResponsibilitiesRouted Export Transaction (FTSR 30.4(b))• Prepare, sign, and file the SED based on information

obtained from the USPPI and/or other parties to the transaction.

• Obtain a power of attorney or written authorization from the foreign principal party in interest to act on

its behalf.

• Maintain documentation to support information reported on the SED/AES.

• Upon request, provide the USPPI with documentation that the information provided by the USPPI was accurately reported.

U.S. Census Bureau 2000

For More InformationFor More InformationPhone: 301-457-2238

Fax: 301-457-3765

Email: dale.c.dickerson@census.gov

Mail: Bureau of the Census Foreign Trade Division Room 3125 – FB3 Suitland MD 20746