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October 21, 2008 

CBP Issues Frequently Asked Questions on AES Filings

U.S. Customs and Border Protection (CBP) has published a new document containing answers to some Frequently Asked Questions (FAQs) regarding the filing of advance electronic cargo information rules for export shipments via the Automated Export System.

Some of the answers will be particularly useful to exporters and carriers, many of whom have faced a difficult time implementing the provisions of the newly issued Foreign Trade Regulations. For example, the FAQs note that:

The carrier is not responsible for verifying the information transmitted by the U.S. Principal Party In Interest in the Automated Export System. Therefore, the carrier may reasonably rely upon the information on the bill of lading, unless it has knowledge that the bill of lading information, or a part thereof, is incorrect.
In addition, the FAQs state:
The carrier will be subject to fines and penalties if it does not ensure that a shipment has the required Automated Export System proof of filing citations, exemption or exclusion legends covering all cargo. In addition, the carrier must notify the U.S. Principal Party In Interest, or their authorized agents, of any changes related to the shipment.
CBP has also indicated that its officers will verify that the Internal Transaction Number, exemption, or exclusion legend is clearly stated on export documents and provided to the carriers within the prescribed timeframes and CBP Port Directors will determine the appropriate enforcement procedures when violations are found.

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