ECCNs for Certain License Exception Codes Must be Reported in AES Effective April 28, 2008
The Census Bureau has issued an Automated Export System broadcast regarding changes to the Bureau of Industry and Security License Exceptions reporting requirements in AES. (BIS has also posted this information to its Web site.)
Effective April 28, 2008, the AES reporting requirements for export license exceptions administered by BIS under the Export Administration Regulations (EAR) will change so that the Export Control Classification Number (ECCN) will be required for license exceptions reportable under the following codes:
License Code | License Exception | Description |
---|---|---|
C38 | TSR | Technology and software under restriction |
C41 | RPL | Servicing and replacement of parts and equipment |
C42 | GOV | Governments, international organizations, and international inspections under the Chemical Weapons Convention |
C43 | GFT | Gift parcels and humanitarian donations |
C44 | TSU | Technology and software - unrestricted |
C45 | BAG | Baggage |
C46 | AVS | Aircraft and vessels |
C47 | APR | Additional permissive reexports |
C48 | KMI | Key management infrastructure |
C49 | TAPS | Trans-Alaska Pipeline Authorization Act |
C50 | ENC | Encryption commodities and software |
Census warns that U.S. principal parties in interest (USPPIs) and their authorized filing agents (AES filers) must follow these new reporting requirements to prevent the return of fatal errors from AES.
The current AES Trade Interface Requirements (AESTIR) indicate the reporting of the ECCN is only mandatory for License Exceptions LVS, GBS, CIV, AGR, and APP, while the reporting of the 11 LIcense Exceptions listed above is "allowed" but not mandatory.
Census sources confirm that the AESTIR will be amended to indicate that the ECCN is mandatory for these 11 License Exceptions effective April 28, 2008.
(Note that this change will conform the AESTIR to the EAR (15 CFR 740.1(d)) which state that the correct license exception symbol and ECCN must be reported on the AES record for all shipments of items exported under a license exception (except items temporarily in the U.S. meeting the provisions of License Exception TMP).)
Headquarters, Washington, DC (202) 482-4811 |
Western Regional Office (949) 660-0144 |
San Jose, CA branch (408) 291-4212 |
AES Broadcast 2008006 (dated 02/04/08) available at http://www.census.gov/foreign-trade/aes/documentlibrary/broadcasts/2008006.html.
BIS notice available at http://www.bis.doc.gov/pdf/bis-web-announcement.pdf.