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.
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The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowThe night before F3. FreightTech100 companies honored. FreightTech 25 and Shipper of Choice winners revealed live. Cocktail reception into dinner and live music - 300 industry leaders in one purpose-built room.
The Signal at Chattanooga Choo Choo • Chattanooga, TN Register NowIndustry-defining keynotes, rapid-fire technology demos, and industry leaders networking in experiences across Chattanooga - plus the inaugural F3 Awards Dinner featuring the FreightTech and Shipper of Choice reveals.
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