Census and CBP Reach Agreement on Mandatory AES Issues
The deadlock between the Census Bureau and U.S. Customs and Border Protection regarding certain aspects of the Mandatory Automated Export System (AES) regulation has apparently been resolved. As a result, the Census Bureau should be soon publishing the final rule requiring all Shipper's Export Declarations (SEDs) to be filed electronically through AES and increasing penalties for inaccurate or delinquent filings.
The long delay in issuing the mandatory AES rule has centered on two aspects of the proposed mandatory AES rule that was published by Census in the Federal Register on February 17, 2005. The first issue related to the availability and eligibility criteria for the post-departure filing of export information (currently known as "Option 4"). The second issue involved the sharing of export information provided by AES filers with foreign governments.
A summary of the proposed mandatory AES rule that was published by Census on February 17, 2005 can be found here. The public comments that were submitted to Census on the proposed rule can be found here.