Updates to the Foreign Trade Regulations and AES Filing Requirements

April 20, 2017

The Census Bureau has announced the publication of a Final Rule revising several sections of the Foreign Trade Regulations (FTR). This Final Rule is effective July 18, 2017 and can be accessed at https://federalregister.gov/d/2017-07646.   

Changes made to the FTR in this Final Rule include amendments to reflect new export reporting requirements related to the implementation of the International Trade Data System (ITDS). The changes also include the addition of the new original Internal Transaction Number (ITN) field in the Automated Export System (AES) and new requirements for authorized agents in routed export transactions. Further, the changes provide clarity on existing reporting requirements.

The Census Bureau also made additional revisions and incorporated provisions to the rule to address comments received on the Notice of Proposed Rulemaking. 

The requirement to report the export of used electronics via a new data element is not included in the Final Rule.

The capability to report information in the new original ITN optional data element field will be available in the AES beginning April 27, 2017. In a routed export transaction, the authorized agent is required to provide the U.S. Principal Party in Interest with two additional data elements, the ITN and the date of export. Therefore, these data elements will be added to the AES-203 Report in the Automated Commercial Environment on April 27, 2017 as well. 

For further information or questions about the FTR, contact George R. Tuttle, III at george.tuttle.iii@tuttlelaw.com or at (415) 986-8780.

George R. Tuttle, III is an attorney with the Law Offices of George R. Tuttle in the San Francisco Bay Area.

The information in this article is general in nature, and is not intended to constitute legal advice or to create an attorney-client relationship with respect to any event or occurrence, and may not be considered as such.

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