Update April 4, 2014: The U.S. Census Bureau in concurrence with U.S. Customs and Border Protection (CBP), agrees to provide an additional 180 days to come into compliance with the new export reporting requirements. During this 180 day period the Census Bureau and CBP will use "informed compliance" to educate 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. Penalties may be issued for violations of regulations that remain unchanged from the FTR published on June 2, 2008. The period of informed compliance will take place from the revised FTR effective date of April 5, 2014 through October 2, 2014.

Read more: AES Informed Compliance Period Announced

 

On March 14, 2013, the United States Census Bureau published a final rule amending its regulations to require new export reporting requirements. Previously scheduled to take effect on January 8, 2014, the FTR final rule published on March 14, 2013, will now be effective April 5, 2014.

Additionally, the Office of Management and Budget has approved the collection of two new data elements (license value and ultimate consignee type) in the Automated Export System (AES) under control number 0607-0152.

New Requirements for used self-propelled vehicles:

Some of the new requirements for used self-propelled vehicles include:

  1. The vehicle must be filed in the AES regardless of value or country of destination
  2. The vehicle must be filed 72 hours prior to export

What is the Automated Export System (AES)?

The Automated Export System (AES) is a computer system that collects Electronic Export Information (EEI). The AES is the primary instrument used for collecting export trade data, which is used by the United States Census Bureau  for statistical purposes only and by other federal government agencies for purposes of enforcing U.S. export laws and regulations.

What is considered a self-propelled vehicle?

According to U.S. Customs and Border Protection (CBP), self-propelled vehicles includes any automobile, truck, tractor, bus, motorcycle, motor home, self-propelled agricultural machinery, self-propelled construction equipment, self-propelled special use equipment, and any other self-propelled vehicle used or designed for running on land but not rail.

Impact on importers and exporters:

As of April 5, 2014, the current AES exemption for used self-propelled vehicles destined for Canada will no longer be valid. Thereby requiring mandatory filing of export information through the Automated Export System (AES) and accompanying electronic information submitted to CBP 72 hours before the vehicle?s arrival at the border. Non-compliance with this mandatory AES filing may result in very severe penalties, enforced by CBP, on behalf of the Census Bureau.

 

If you have questions regarding these new changes to the FTR final rule or for more information regarding the key changes, please contact our customs and trade experts. Additionally, Pacific Customs Brokers can handle these filings on your behalf. Contact us to learn how we will help you meet your AES obligations.

Additional Resources:

AES and 72 Hour Assistance
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About Author
Gina Crews
CCS

Gina Crews has over 25 years of U.S. and Canadian Customs brokerage experience. Following a whirlwind nationwide tour providing sales and marketing support to Warner Brothers for their "Bugs Bunny Film Festival," Gina entered the logistics & brokerage industry. With an entrepreneurial heart, Gina has been a small business owner herself a few times over and now helps small and medium-sized businesses understand the cross-border process. Gina holds her U.S. Certified Customs Specialist designation, is a dual citizen of the U.S. and Canada fully versed in Customs regulations for both Countries.

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While we strive for accuracy in all our communications, as the Importer of Record it is incumbent upon your company to ensure that you are aware of the requirements under the new regulations so that you maintain compliance as always.