USA - EXPORT COMPLIANCE
Let's be careful out there.
Filing Electronic Export Information(EEI) with U.S. Customs is a very important part of what a designating filing agent or freight forwarder may be tasked with when handling export shipments. It is very important to have the correct information and instructions for submitting this information via the Automated Export System(AES).
Simple shipments, need to be reported correctly so that the Census Bureau can accurately track the types of items being exported, their quantities, value and destinations. While there are no export taxes in the U.S., accurate recording is required. Statistics from declared data are shared with the public and other countries.
More complex shipments, those requiring recording of Export Control Classification Number(ECCN) are an additional level of complexity. These ECCN numbers should be determined by the shippers who are familiar with the product and may need engineering details that the freight forwarder is not aware of. Should an exporter need help, the Bureau of Industry and Security(BIS) can help a shipper determine the proper ECCN number to be used. Speaking to an export counselor is very helpful in this regard.
Many items fall under Export Administration Regulations(EAR99) not specifically controlled for export and no license is required. If you have high-tech items, possible dual-use or military-use items, further investigation and export licensing may be required.
Should you have possible military goods, a Department of State license may be required to export legally. The Directorate of Defense Trade controls regulates Arms Exports and keeps strict control of arms and technical data.
Calculating Export Value
Some exporters may not know that adjustments should be made to the commercial invoice value when reporting export information.
In general, the value to be reported via AES is the value of the goods plus the inland or domestic freight, insurance, and other charges to get the shipment to the port of export.
Did You Know?
- Talking about or showing restricted export information to a foreign national can be a violation and is considered a “deemed export”.
- Violations of export regulations can have various consequences, eg. fines, loss of export privileges, seizure of goods, and even jail time.
- EEI is an export control document. False statements made thereon may be a violation of § 764.2(g) of the EAR. When EEI is filed to the AES, the filer of the EEI represents the following:
(1) Export of the items described on the EEI filing is authorized under the terms and conditions of a license issued by BIS; is in accordance with the terms and conditions of a license exception; is authorized under “NLR” as no license is required for the shipment; or is not subject to the EAR;
(2) Statements on the EEI filing are in conformity with the contents of any license issued by BIS, with the possible exception of the USPPI and USPPI identification blocks in routed transactions or any name change approved by BIS in writing in accordance with § 750.7(c)(2) of the EAR; and
(3) All information shown on the EEI filing is true, accurate, and complete.
There are many nuances to reporting Electronic Export Information which is why AES filers/freight forwarders need accurate information from the U.S. Principal Party in Interest (USPPI) to provide to customs prior to export. Information can be provided on key documents including the Shipper's Letter of Instructions, Commercial Invoices, and Packing Lists.
Facts about EEI
- Used by the Bureau of Census to collect trade statistics
- Used by Bureau of Industry and Security for export control purposes.
- Collects basic info of items exported:
- Names and address of parties to a transaction
- Export Control Classification Number
- Schedule B number
- License authority for the export
- Is a statement to the U.S. Government that the transaction occurred as described.
Need Additional Information?
Please check with your NNR export agent if you need further assistance with export filing information.