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Census Clarifies AES Requirements for Shipments to International Waters

The Census Bureau has issued an Automated Export System (AES) broadcast regarding its issuance of Foreign Trade Regulation (FTR) Letter 3 on shipments to International Waters. FTR Letter 3 clarifies the requirements in the FTR for filing the electronic export information (EEI) through AES for shipments to International Waters.

Shipments to Int'l Waters Must be Reported in AES Under Certain Circumstances

According to Census, shipments to International Waters are statistical and must be reported in AES (1) when the commodity is valued at over $2,500 per Schedule B number, or (2) if a shipment is licensed by the Bureau of Industry and Security, regardless of value.

AES Export Information Code "IW" for Shipments to Int'l Waters

Census states that it has modified AES by adding an Export Information Code (EIC) "IW" for export of items to International Waters as a final destination. This modification allows BIS to capture data on dual-use licensed exports and Census to capture statistical information on shipments to International Waters. AES filers who report "IW" are required to report either license code C30 (General License) or C31 (Special Comprehensive License), a valid BIS license number and the Export Control Classification Number (ECCN) corresponding to the license must be reported when applicable.

(See ITT's Online Archives or 06/03/08 news, 08060320, for BP summary of AES broadcast 2008020 announcing the addition, effective June 4, 2008, of EIC "IW" for shipments to international waters.)

Census states that the country of destination and ultimate consignee reported in AES must conform to the BIS export license. The AES filers may use any mode of transportation; however, ocean shipments must include one of the five "high seas" foreign ports listed in Schedule K (Classification of Foreign Ports by the Geographic Trade Area and Country). According to Census, a common example of the use of the EIC "IW" may be the export of a controlled item to a platform in International Waters used for oil and gas exploration.

Census contact - Regulations, Outreach, and Education Branch (800-549-0595, Option 3) or FTDRegs@census.gov.

AES broadcast 2008062, dated 12/05/08, available at http://www.census.gov/foreign-trade/aes/documentlibrary/broadcasts/2008062.html.

FTR Letter 3 (dated 12/03/08) available at http://www.census.gov/foreign-trade/regulations/ftrletters/ftrn03-shipments-to-iw.pdf.