Issue 336, March 22, 2002
Stemming from Congressional approval of H.R. 3194 last year, the U.S. Government (specifically the U.S. Census & Foreign Trade Division) was ready to implement the mandatory AES filing of all SEDs (Shippers Export Declarations) for controlled commodities in April, 2002. This has now been postponed.

The delay is due to the Department of State, specifically the Office of Defense Trade Controls (ODTC), as well as the data that is transmitted via AES. The ODTC has advised that the data that currently transmits via AES does not contain all of the detail needed in order to fulfill their data requirements for shipments that are on Department of State license. Since mandatory filing of all controlled commodity shipments would include those shipments that are on Department of State license, the AES government programmers now must update the AES system to accommodate the additional data requirements.

The U.S. Census & Foreign Trade Division will soon be ready to advise the new data elements. Also, they have already determined the new projected date for mandatory filing of SEDs for controlled commodities via AES - Fall, 2002.

It's important to remember that this new mandatory AES filing for controlled commodities is not just for licensed products and shipments. The mandatory nature of the new rules is for ALL controlled commodities. Therefore, if your products have an ECCN (Export Control Classification Number), you will need to have your SED filed via AES even if it is not on a license (NLR or exceptions). This would also include commodities controlled by the DEA, NRC, etc. It is going to be very easy for the government to expand the scope of the definition of the word "controlled". The bottom line is this: you need to ensure that your logistics provider is an active AES filer and will be able to file your shipment via AES.

Our contributing writer, Ken Hughes, is the Corporate Manager of Export Compliance for Danzas AEI Intercontinental. Mr. Hughes can be reached in Chicago at via email or at (847) 233-7923.

Please note that due to the complex nature of the subject matter, DHL Danzas Air & Ocean cannot be responsible for actions taken by the reader in reliance on the information contained herein without prior consultation with DHL Danzas Air & Ocean.