Jackson: Congress may have to break stalemate on mandatory AES

Jackson: Congress may have to break stalemate on mandatory AES Congress may have to referee the 18-month impasse between the U.S. Department of Homeland Security and the Census Bureau over proposed regulations for mandatory electronic filing of export declarations, DHS Deputy Secretary Michael Jackson said Tuesday.
   The Census Bureau published its long-awaited proposal for mandatory electronic filing of export information via the Automated Export System (AES) in February 2005. After going through an extensive public comment period, DHS and component agency Customs and Border Protection threatened in early 2006 to hold up the mandatory AES regulations unless Census changed language in the rulemaking pertaining to post-departure filing of export information. DHS and CBP also demanded the right to share U.S. export information with other governments and federal agencies to help pre-screen shipments for criminal or terrorist connections.
   DHS and CBP want Census to either eliminate post-departure filing in AES, so-called Option 4, or substantially increase the requirements for accepting new companies in the program. They also do not want existing post-departure filers simply to be grandfathered into the mandatory program.
   Many industry groups oppose the DHS changes to the initially drafted proposed mandatory AES rules because of concern they will be subject to penalties for clerical errors related to the weight or measurement of a shipment, which often is unknown for bulk products until they are loaded on a vessel.
   The confidentiality of export data is protected under the law and the Census Bureau, which uses the information to generate the nation’s trade statistics, has refused to back down on the issue.
   “We may have to go back to Congress to ask for help” to break the logjam, Jackson said during a question-and-answer session at the American Association of Exporters and Importers conference in New York. His statement implies that if the White House sides with DHS, it could seek a legislative exception that allows for the blanket sharing of export data for national security purposes.