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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 CodeLicense ExceptionDescription
C38TSRTechnology and software under restriction
C41RPLServicing and replacement of parts and equipment
C42GOVGovernments, international organizations, and international inspections under the Chemical Weapons Convention
C43GFTGift parcels and humanitarian donations
C44TSUTechnology and software - unrestricted
C45BAGBaggage
C46AVSAircraft and vessels
C47APRAdditional permissive reexports
C48KMIKey management infrastructure
C49TAPSTrans-Alaska Pipeline Authorization Act
C50ENCEncryption 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.