The Automated Export System (AES) is an electronic filing system managed by the U.S. Census Bureau. What is EEI? It is the primary method for submitting Electronic Export Information (EEI), which is required for most exports from the United States. Through the collection of data from manual submissions and AES filing, the government can track trade statistics, enforce export regulations, and calculate key economic indicators.
What Shipments Require AES EEI Filing?
Understanding when AES EEI filing is mandatory for compliance with U.S. export regulations. You will be required to submit an EEI filing if your shipment meets these requirements:
1. Exceeds the $2,500 Value Threshold
Shipments where the value of the goods under the same Schedule B or Harmonized Tariff Schedule (HTS) number exceeds $2,500 and is shipped from the same exporter to the same recipient on the same day. Note that shipments to Canada might be exempt from this value threshold.
2. Requires an Export License
Any shipment requiring an export license under the Export Administration Regulations (EAR) or the International Traffic in Arms Regulations (ITAR), regardless of value.
3. Is Headed to Destinations Under Embargo or Special Control
Shipments headed to countries under embargoes or special controls by the U.S. government, even if the shipment value is below $2,500.
4. Contains Rough Diamonds
Regardless of value, all shipments of rough diamonds require an AES filing due to the Kimberley Process Certification Scheme.
5. Must Be Reported Under Foreign Trade Regulations
Shipments subject to reporting under Foreign Trade Regulations (FTR) must have an EEI filing.
6. Contains Hazardous Materials
Regardless of their value, all shipments containing hazardous materials must be declared.
7. Sent Under a State Department License
Shipments sent under a State Department license (eg. DSP-5, DSP-61, DSP-73, etc).
8. Shipments to Puerto Rico and the U.S. Virgin Islands
You must submit an EEI filing when shipping from the U.S. mainland to Puerto Rico or the Virgin Islands as long as the shipment meets any of the above criteria.
Exceptions to EEI Filing Requirements
You are not required to submit an EEI filing for:
- Shipments to Canada (with some exceptions like ITAR-controlled items)
- Shipments from the U.S. or Puerto Rico to other U.S. territories (e.g., American Samoa, Guam)
- Shipments eligible for certain license exceptions, such as GOV or BAG
Required Timeframes for AES Filing
AES customs filing must be completed before the export takes place. The specific time frame depends on the mode of transport. There may be exceptions to these timeframes for items on the U.S. Munitions List (USML) or other restricted lists:
- Air and Rail: AES filing is required at least 2 hours prior to departure.
- Truck: AES filing is required at least 1 hour prior to departure.
- Ocean: AES filing is required at least 24 hours prior to departure.
Who is Responsible for AES filing
The U.S. Principal Party in Interest (USPPI), typically the exporter or seller, is primarily responsible for AES filing. However, they can authorize a freight forwarder or other agent to file on their behalf. This authorization is usually granted through a Power of Attorney.
While agents can assist with the AES filing process, it’s crucial to remember that the USPPI is ultimately liable for export declaration and the accuracy and timeliness of the filings. Failure to comply with your AES filing can result in penalties such as civil fines or potential criminal charges.
Penalties for Non-Compliance with AES
AES filing is not just a procedural step; it’s a legal requirement with significant consequences for non-compliance. Exporters must adhere to foreign trade regulations, ensure all necessary export licenses are obtained, and report them accurately in the EEI.
Failure to file, late filing, or submission of incorrect information can lead to severe penalties. These include substantial fines for each violation, potential shipment delays at the border, and even the loss of export privileges. The financial and operational impact of non-compliance can be detrimental to any business engaged in international trade.
Streamline AES Filing with Software
Accurate and timely AES filing is not only crucial for compliance but also contributes to the overall efficiency and reliability of international trade activities. It facilitates smooth customs clearance, reduces delays, and helps maintain a positive reputation with regulatory authorities.
AES customs filing is a crucial part of smooth international trade, but export regulations can be complex and challenging. With a variety of factors to consider such as specific requirements or exemptions based on the nature of the goods, destination and more, exporters should consult with trade compliance experts or relevant government agencies for guidance on their specific situations.
The use of a reliable automated export system filing software can streamline this process and minimize the risk of errors. CrimsonLogic’s AES filing software offers a comprehensive solution to effortlessly manage AES data and electronically submit EEI to CBP. Reduce the risk of costly errors, delays, and penalties. Our software ensures compliance, provides a clear audit trail of all transactions, and minimizes manual data entry errors. Experience the benefits with affordable plans, including a free 30-day trial and no obligations.
