AES Filing Requirement
February 5, 2009
Notice to Shippers:
As you are likely aware, the U.S. Census Bureau published a final rule regarding the Automated Export System (AES) which requires the U.S. Principal Party in Interest (USPPI), generally the exporter, to file Shipper’s Export Declarations electronically in the AES or AESDirect and provide the exporting carrier with proof of AES filing or a statement of filing exemption at least 24 hours prior to loading cargo onto a vessel at a U.S. port.
As a result of this ruling, Intermarine is prohibited from loading cargo for which confirmation is not received at least 24 hours prior to loading. The AES filing confirmation requirement may be satisfied by one of the following:
1) An Internal Transaction Number (ITN) generated by the AES system as proof that the USPPI has properly filed its export information;
2) An authorized exemption legend for cargo not subject to the export filing requirements; or
3) A post-departure filing citation where the USPPI is an authorized post-departure filer.
The final rule also mandates that shippers, forwarders, and ocean carriers that file inaccurate or untimely export documentation will be subject to civil fines, with willful violations resulting in imprisonment. Consistent with our affiliated carriers’ current policies, any and all fines and/or penalties for regulatory violations regarding export documentation filing will be for the Shipper’s/Exporter’s account.
A copy of the Census Bureau’s final rule in this matter can be found at 73 Federal Register 31548-31590 and 15 CFR Part 30. Please note that this policy is effective immediately.
We appreciate your assistance with its implementation.