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March 29, 2004 

Mandatory Use of AES for SED Filings Expected to be Implemented by Early 2005

The U.S. Census Bureau has developed a plan to require the mandatory filing of Shipper's Export Declarations (SEDs) via the electronic Automated Export System (AES) by January 2005. Once implemented, all SEDs must be filed electronically by the exporter (U.S. Principal Party in Interest) or their authorized agent using AES and no paper SEDs will be accepted.

Prior to implementing mandatory AES, Census will have to issue revisions to the Foreign Trade Statistics Regulations. Census hopes to issue the proposed regulations, which will be known as the Foreign Trade Regulations, by the end of May 2004. In its current form, the draft regulation calls for the replacement of the SED with a new filing called the Electronic Export Information (EEI). The draft regulation also contemplates the continuation of Option 4, which permits certain exporters to file the export documentation 10 days after completion of a shipment. However freight forwarders will no longer be permitted to utilize Option 4.

Once the proposed rule is published, there will be a 60-day comment period. Census hopes to issue the final rule in September 2004 and to give exporters 90 days to phase in the mandatory use of AES.

Census has delayed implementing the mandatory use of AES for all exports due to the difficulties associated in implementing mandatory AES for exports of items listed on the Commerce Control List and U.S. Munitions List that began in October 2003 and we would not be surprised if additional delays are encountered. However, it appears that the mandatory use of AES will be required some time in early 2005.

If your company has not already done so, you should begin using the AES system to file SEDs.


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