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September 30, 2008 

Enforcement of Mandatory and Advanced AES Filing Regulation Starts October 1, 2008

All U.S. exporters, freight forwarders and foreign principal parties in interest are reminded that the new Foreign Trade Regulations (FTR) (15 CFR Part 30) published on June 2, 2008 are now in effect.

Starting tomorrow, October 1, 2008, exporters who submit paper Shippers Export Declarations will be in violation of the Foreign Trade Regulations and subject to fines and penalties.

In addition, all export information must be filed electronically through the Automated Export System and exporters must adhere to the new advance filing times determined by the mode of transportation (see below).

Penalties ranging from $1,100 to $10,000 may be imposed under the FTR for the delayed filing, failure to file, false filing of export information, and/or using the AES to further any illegal activity.

The new AES filing deadlines are as follows:

Non-U.S. Munitions List (USML) Shipments (Applies to items that are not "defense articles")

Method of Transportation Timeframe
Vessel

24 hours prior to loading cargo on the vessel at the U.S. port where the cargo is laden

Truck 1 hour prior to the arrival of the truck at the U.S. border to go foreign
Air 2 hours prior to the scheduled departure time of the aircraft
Rail 2 hours prior to the time the train arrives at the U.S. border to go foreign
Mail 2 hours prior to exportation
All other modes 2 hours prior to exportation


USML Shipments (applies to defense articles only)

Method of Transportation Timeframe
Vessel 24 hours prior to loading cargo on the vessel at the U.S. port where the cargo is laden
Rail 24 hours prior to the time the train arrives at the U.S. border to go foreign
Truck 8 hours prior to the arrival of the truck at the U.S. border to go foreign
Air 8 hours prior to the scheduled departure time of the aircraft

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