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Informed Compliance Period Launched for Foreign Trade Regulations Changes

Posted April 07, 2014

On March 14, 2013, the U.S. Census Bureau (Census) published a Final Rule amending the Foreign Trade Regulations (FTR) contained in 15 CFR Part 30. The final rule established the requirement, effective April 5, 2014, for mandatory filing of export information through the Automated Export System (AES) or through AESDirect for all shipments of used self-propelled vehicles and temporary exports.
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Last week, Census issued a memorandum advising the trade community that, in concurrence with U.S. Customs and Border Protection (CBP), a 180 day Informed Compliance period, effective from April 5, 2014 through October 2, 2014 will be provided “to educate the trade the trade on the new requirements.” During this time, no penalties will be issued for failure to comply with any new requirements found in the March 14, 2013 rule. It should be noted however that penalties may be issued for violations of regulations that remain unchanged from the FTR published on June 2, 2008.

In a subsequent message, Census also confirmed that the edits and validations in AES for the new EEI data elements will remain off during this period.  “To mirror the functionality of the AES, AESDirect will be updated to allow users to submit the new and updated data elements, but not require them until the informed compliance period ends,” Census said.