Reminder - BIS to Tighten Up AES Edits for ECCNs, SCLs, and Certain License Exceptions Effective October 1, 2009

The Census Bureau has issued an Automated Export System broadcast reminding the export community that the Bureau of Industry and Security is adding new edits on ECCNs, special comprehensive licenses, and certain license exceptions effective October 1, 2009.

Effective October 1, 2009, BIS is tightening up the edits (i.e., checks) on the Electronic Export Information (EEI) to improve statistics and to ensure that AES filers are correctly certifying the use of a license or license exception authorization or no license required (NLR) designation. AES filers must prepare for these edits, as described below, to prevent the return of fatal errors from AES.

The new edits are as follows:

ECCN. The Export Control Classification Number (ECCN), when reported in AES, must be avalid 5-position ECCN as listed on the Commerce Control List (CCL). (See 15 CFR Part 774, Supplement 1 for a complete list of valid ECCNs and their descriptions.)

SCL. The Special Comprehensive License (SCL) number reported in AES under license type C31 must be a BIS approved SCL.

License exceptions. License exceptions LVS(C35), GBS(C36), CIV(C37), and TSR(C38) must designate an eligible ECCN and country.

In accordance with 15 CFR 740.17, License exception ENC(C50) must only be used with ECCNs 5A002, 5B002, 5D002 and 5E002.

Census notes that by using a License Exception, the filer is certifying that the terms, provisions and conditions for the use of the License Exception described in the EAR have been met.

The AES Record is an Export Control Record Under 15 CFR 758.1(f)

Census is reminding U.S. Principal Parties in Interest (USPPIs) and their authorized filing agents (AES filers) that the AES record containing the EEI is an export control record under 15 CFR 758.1(f).

Furthermore, the AES record represents whether the export authorized under the terms and conditions of a license, license exception or NLR is true, accurate and complete.

BIS Contact Information if Fatal Errors Can Not be Resolved

According to Census, if fatal errors related to the above are not able to be resolved and require regulatory guidance from BIS, one of the following Offices of Exporter Services should be contacted:

(See ITT's Online Archives or 07/06/09 news, 09070615, for previous BP summary on BIS' plans to tighten certain AES edits.)

AES broadcast 2009024A available by emailing documents@brokerpower.com.