# Presentation: 541289

## Foreign Trade Statistics Regulations15 CFR Part 30Exporter/Forwarding Agent ResponsibilitiesProvisions for Power of Attorney/Mail Shipments & Software Transmission  

**Foreign Trade Statistics Regulations****15 CFR Part 30****Exporter/Forwarding Agent Responsibilities****Provisions for Power of Attorney/Mail Shipments & Software Transmission****  **

**FOREIGN TRADE DIVISION**
**U.S. DEPARTMENT OF COMMERCE**

**Notes:**
Foreign Trade Division

## TRADE’S RESPONSES TO THE 
PROPOSED RULE

Specify SED/AES record is for statistical purposes

Clarify Forwarding Agent responsibilities in a routed transaction

Clarify Exporter liability concerns in a routed transaction

Add manufacturer/seller box/field to SED/AES

Confidentiality of Exporter’s EIN

Implication on consolidated/containerized shipments

Clarify conformity of documents provisions

**PROPOSED RULE**
**Specify SED/AES record is for statistical purposes**
**Clarify Forwarding Agent responsibilities in a routed transaction**
**Clarify Exporter liability concerns in a routed transaction**
**Add manufacturer/seller box/field to SED/AES**
**Confidentiality of Exporter’s EIN**
**Implication on consolidated/containerized shipments**
**Clarify conformity of documents provisions**

**Notes:**
- Census received 18 comments on the proposed rulemaking issued Oct. 4, 1999.

- General response was sent to each respondent addressing their concerns.

- Census revised certain provisions in the final rule to address the concerns of respondents and more clearly explain our requirements.

- No substantial changes were made to the final rule as a result of the comments received.

## U.S PRINCIPAL RESPONSIBILITIES
Routed Export Transaction

Provide basic commodity information to the Forwarding Agent for completing the SED, including exporter name, EIN, and Schedule B number. 

Maintain documentation to support the information reported on the SED.

[Note:  In a routed export transaction the U.S. principal party in interest is not required to provide the forwarding agent  with a  power of attorney for preparing the SED]. 

_**Routed Export Transaction**_
**Provide basic commodity information to the Forwarding Agent for completing the SED, including exporter name, EIN, and Schedule B number. **
**                            **
**Maintain documentation to support the information reported on the SED.**
**[**_**Note**_**:  In a routed export transaction the U.S. principal party in interest is not required to provide the forwarding agent  with a  power of attorney for preparing the SED].**** **

**Notes:**
Major Change -- In a routed transaction, when the foreign principal authorizes the forwarding agent, the U.S. principal is only responsible for providing basic commodity information to the forwarding agent.

- The forwarding agent is responsible for obtaining a power of attorney or written authorization form the foreign principal.

- The forwarding agent is responsible for preparing, signing and filing the SED.  Upon request the forwarding agent must provide the U.S. principal with documentation that the information provided by the U.S. principal was accurately reported on the SED.

***              ***

**FORWARDING AGENT RESPONSIBILITIES**
_**Routed Export Transaction**_
- Prepare, sign, and file the SED based on information obtained from the U.S. principal and/or other parties involved in the transaction.
- Obtain a power of attorney or written authorization from the _foreign principal party in interest_ to act on their behalf in the transaction.
- Maintain documentation to support information reported on the SED.
- Upon request, provide U.S. principal party in interest with documentation verifying that the information provided
- 	by the U.S. principal was accurately reported on the
- 	SED/AES record.

**Notes:**
 MAJOR CHANGE -- In a routed export transaction, where the foreign principal authorizes the forwarding agent, the forwarding agent is responsible for:

  Obtaining a power of attorney or written authorization from the foreign principal.

  Obtaining basic commodity information from the U.S. principal party in interest or other parties involved in the transaction to prepare the SED.

  Preparing, signing and filing the SED.

Maintaining documentation to support the information reported on the SED/AES record and upon request, provide the U.S. principal party in interest with documentation verifying that the information provided by the U.S. principal was accurately reported on the SED/AES record.

* ***WHO GOES IN BOX 1(A) ON THE SED**
**	****	****	****The **_**U.S. Principal Party in Interest**_** **-  The person 		in the 	U.S. that receives the primary benefit, 			monetary or  otherwise, of the export transaction.
**GENERALLY THAT PERSON CAN BE THE:**
- U.S. **Seller** (wholesaler/retailer/vendor) _of the merchandise for export_.
- U.S. **Manufacturer** (if selling merchandise _directly for export_)
- U.S. **Order Party** (U.S. party who negotiated with the foreign principal and received the order for the merchandise);
- A **Foreign person/entity** (operates from within the U.S. to facilitate the export and _signs_ the SED).

*** ***

**Notes:**
•  In all export transactions  the exporter required to be listed in box 1a of the Shipper’s Export Declaration or in the “exporter” field of the AES record is the U.S. principal party in interest.

 Same requirement as in the proposed rule.

## EXPORTER’S EMPLOYER IDENTIFICATION NUMBER 

Section 30.91 prohibits disclosure

Forwarding agent prohibited from releasing copies of the SED/AES record for unofficial purposes

Reporting requirement on SED/AES

Appears on numerous business/financial documents

- Section 30.91 prohibits disclosure
- Forwarding agent prohibited from releasing copies of the SED/AES record for unofficial purposes
- Reporting requirement on SED/AES
- Appears on numerous business/financial documents

**Notes:**
- This has always been a reporting requirement on the SED/AES record.

- A company’s EIN is reported on numerous business and financial documents.

- Its use on the SED/AES record is strictly confidential.

## CONSOLIDATED/CONTAINERIZED EXPORTS

 Shipment is merchandise shipped from one exporter to one consignee, on the same flight/vessel, to the same country on the same day.

Current regulations require a separate SED/AES record for each shipment in the container

You cannot list the consolidator/forwarding agent as the exporter on the SED/AES record.

** **Shipment is merchandise shipped from one exporter to one consignee, on the same flight/vessel, to the same country on the same day.
- Current regulations require a separate SED/AES record for each shipment in the container
- You _cannot_ list the consolidator/forwarding agent as the exporter on the SED/AES record.

**Notes:**
A separate SED/AES record is required by each individual exporter (U.S.. Principal party in interest) for each consolidated./containerized shipment.

## FTSR/EAR
CONFORMITY

EAR specifies conformity of documents and how they  differ from the FTSR with respect to identification the exporter.

NO uniform and consistent conformity of documentation for all export documents due to requirements of different government agencies.

**CONFORMITY**
- EAR specifies conformity of documents and how they  differ from the FTSR with respect to identification the exporter.
**NO** uniform and consistent conformity of documentation for all export documents due to requirements of different government agencies.

## ADDITIONAL AMENDMENTS

Provisions on electronic transmission and intangible transfers of software and technology

Provisions on mail shipments and certain related 
    SED exemptions

Clarification for providing import verification information to the Census Bureau.

- Provisions on electronic transmission and intangible transfers of software and technology
- Provisions on mail shipments and certain related
-     SED exemptions
- Clarification for providing import verification information to the Census Bureau.

**Notes:**
In addition to issuing final rules on the provisions addressed in the proposed rulemaking, Census is also amending provisions regarding mail shipments via the via the U.S. Postal service, electronic transmissions of software and other intangible transfers and import verification information

## Contact:	Jerome M. Greenwell
Voice:	301-457-2238
Fax:		301-457-3765
E-mail:	jerome.m.greenwell@ccmail.census.gov
Internet:	www.census.gov/foreign-trade/www
Mail:		Bureau of the Census
			Foreign Trade Division
			Room 3125 - FB 3
			Washington, DC  20233

_**Voice:**_**	****301-457-2238**
_**Fax:**_**	****	****301-457-3765**
_**E-mail:**_**	****jerome.m.greenwell@ccmail.census.gov**
_**Internet:**_**	****www.census.gov/foreign-trade/www**
_**Mail:**_**	****	****Bureau of the Census**
**	****	****	****Foreign Trade Division**
**	****	****	****Room 3125 - FB 3**
**	****	****	****Washington, DC  20233**

*For Additional Information*