# Presentation: 188833

## NCBFAA Annual ConferenceMarch 23, 2004

**Notes:**
Title 13 United States Code, Chapter 9

....The Census Bureau is authorized to collect information 
from all persons exporting from, or importing into the 
United States and the noncontiguous areas over which
 the U.S. exercises sovereignty, jurisdiction, or control....
and shall compile and publish such information pertaining
to exports , imports, trade, and transportation relating thereto, 
as deemed appropriate to foster, promote, and develop the
commerce of the United States....

## LEGISLATIVE AUTHORITY

- Title 13 United States Code, Chapter 9 – Collection and Publication of Foreign Commerce and Trade Statistics.
- Public Law-106-113, Section 1251-Proliferation Prevention Enhancement Act of 1999.
- Public Law 107-228, Security Assistance Act of 2002.
- Public Law 108-19, Clean Diamond Act

## Data Access

- Exports
- –	Confidentiality of export information is covered by Title 13, U.S.C., Chapter 9, Section 301(g) and Title 15, Code of Federal Regulations, Section 30.90-30.91.
- –	Title 13, U.S.C., Chapter 9, Section 301(g) states that “Shipper’s Export Declarations (or any successor document), wherever located, shall be exempt from public disclosure unless the Secretary of Commerce determines that such exemption would be contrary to the national interest.”  (NID)
- –	The Secretary of Commerce has delegated the authority to make NIDs to Director of the Bureau of the Census.

## Data Access

- Current Policy Regarding Making NIDs
- –	The Census Bureau makes NIDs granting access to export transactions for the following:
- Enforcement of U.S. export control laws and regulations
- Statistical purposes
- Support the management and monitoring of U.S. export trade promotion programs
- –	Access is based on need
- –	Scope of the access is generally limited
- –	Do not provide to IRS
- –	Do not provide to foreign governments

## Examples of Agencies Granted Access to Export Information

- Export Control and National Security
- 	-	Bureau of Industry and Security
- 	-	Customs and Border Protection
- 	-	Department of State (selected records)
- Statistics
- 	-	Bureau of Labor Statistics
- 	-	Bureau of Economic Analysis (selected 	records)

## DHS Anti-terrorism Proposal

- Provide foreign governments with U.S. export data
- U.S. law enforcement agencies would also have access for anti-terrorism
- Including FBI, CIA

## Foreign Government Request for Commercial Purposes

- Duty assessment
- Taxes
- Antidumping
- Countervailing Duty Investigations

## Current Status

- Consult with stakeholders
- Timing of a decision uncertain

## Current Status

- Census issued a Notice to USPPI, Freight Forwarders, and Common Carriers regarding the release of SEDs/or AES records to foreign government February 17, 2004
- Release of SEDs or AES records is violation of FTSR, Title 15, CFR, Part 30.91

## Mandatory AES for All Shipments

- Public Law 107-228
- “Security Assistance Act of 2002”
- Signed into law September 30, 2002
- “...all persons who are required to file export information under Chapter 9, Title 13, U.S. Code, file such information through the AES”

## Security Assistance Act of 2002

- Section 1404.  Improvements to the AES
- (b) “...all persons who are required to file export information...must file such information through AES.”
- New Section 305 of Title 13 – Penalties for Unlawful Export Information Activities

## Trade Act of 2002

- PL 107 – 210
- Section 343 (a) Mandatory Advanced Electronic Information for Cargo...
- Section 343 (b) Documentation of Waterborne Cargo

## Advance Electronic Presentation of Cargo Information

- CBP issued Final Rule December 5, 2003
- Extensive new requirements for import manifest filing for all modes of transport
- Part 192 – Export Control
- Rely on AES
- Timing
- Information required
- Proof of filing
- Carrier responsibilities
- Export requirements effective when Census issues mandatory AES Final Rule

## Full Mandatory AES Implementation

- Current schedule (subject to change)
- Notice of Proposed Rulemaking – mid-2004
- Final Rule – End of 2004

## Advance Notice of Proposed Rule

- Published October 22, 2003
- Informs public about our intent to make AES mandatory for all other export shipments
- New penalties
- Changes to Option 4
- Delegation of authority for enforcement to DHS/BIS
- Solicits comments

## Other Issues

- USML—Filing of paper SEDs
-   –  Required to file both paper SEDs and AES transactions until December 18, 2003
-   –  After December 18, 2003 file only AES
- Exemption from filing of SED/AES transactions
-   –  Shipments to Canada, except shipments requiring a license, i.e., USML, CCL, etc.

## Other Issues

- –	Shipments value $2,500 or less, except shipments requiring a license
- Filing of SED/AES transactions for consolidated shipments