30.2—General requirements for filing Electronic Export Information (EEI).
(a) Filing requirements—
(1)
The EEI shall be filed through the AES by the United States Principal Party In Interest (USPPI), the USPPI's authorized agent, or the authorized U.S. agent of the Foreign Principal Party In Interest (FPPI) for all exports of physical goods, including shipments moving pursuant to orders received over the Internet. The Automated Export System (AES) is the electronic system for collecting Shipper's Export Declaration (SED) (or any successor document) information from persons exporting goods from the United States, Puerto Rico, Foreign Trade Zones (FTZs) located in the United States or Puerto Rico, the U.S. Virgin Islands, between Puerto Rico and the United States, and to the U.S. Virgin Islands from the United States or Puerto Rico. Exceptions, exclusions, and exemptions to this requirement are provided for in paragraph (d) of this section and Subpart D of this part. References to the AES also shall apply to AESDirect unless otherwise specified. For purposes of the regulations in this part, the SED information shall be referred to as EEI. Filing through the AES shall be done in accordance with the definitions, specifications, and requirements of the regulations in this part for all export shipments, except as specifically excluded in § 30.2(d) or exempted in Subpart D of this part, when shipped as follows:
(i)
To foreign countries or areas, including free (foreign trade) zones located therein (see § 30.36 for exemptions for shipments from the United States to Canada) from any of the following:
(ii)
Between any of the following nonforeign areas including goods previously admitted to customs warehouses or FTZs and moving under a U.S. Customs and Border Protection (CBP) bond:
(iii)
The EEI shall be filed for goods moving as described in paragraphs (a)(1)(i) and (ii) of this section by any mode of transportation. (Instructions for filing EEI for vessels, aircraft, railway cars, and other carriers when sold while outside the areas described in paragraphs (a)(1)(i) and (ii) are covered in § 30.26.)
(iv)
Notwithstanding exemptions in Subpart D, EEI shall be filed for the following types of export shipments, regardless of value:
(A)
Requiring a Department of Commerce, Bureau of Industry and Security (BIS) license ( 15 CFR 730-774 ).
(B)
Requiring a Department of State, Directorate of Defense Trade Controls (DDTC) license under the International Traffic in Arms Regulations (ITAR) ( 22 CFR Parts 120 through 130).
(D)
Requiring a Department of Justice, Drug Enforcement Administration (DEA) export permit ( 21 CFR 1312 ).
(2) Filing methods.
The USPPI has four means for filing EEI: use AESDirect; develop AES software using the AESTIR (see http://www.cbp.gov/xp/cgov/export/aes/ ); purchase software developed by certified vendors using the AESTIR; or use an authorized agent. An FPPI can only use an authorized agent in a routed export transaction.
(b) General requirements—
(1)
The EEI shall be filed prior to exportation (see § 30.4) unless the USPPI has been approved to submit export data on a postdeparture basis (see § 30.5(c) ). Shipments requiring a license or license exemption may be filed postdeparture only when the appropriate licensing agency has granted the USPPI authorization. See Subpart B of this part.
(3)
The AES downtime procedures provide uniform instructions for processing export transactions when the AES or AESDirect or the computer system of an AES participant is unavailable for transmission. (See § 30.4(b)(1) and § 30.4(b)(3).)
(4)
Instructions for particular types of transactions and exemptions from these requirements are found in Subparts C and D of this part.
(5)
The EEI is required to be filed in the AES prior to export for shipments by vessel going directly to the countries identified in U.S. Customs and Border Protection regulations 19 CFR 4.75(c) and by aircraft going directly or indirectly to those countries. (See U.S. Customs and Border Protection regulations 19 CFR 122.74(b)(2).)
(c) Certification and filing requirements.
Filers of EEI shall be required to meet application, certification, and filing requirements before being approved to submit EEI. Steps leading toward approval for the AES or the AESDirect filing include the following processes: (See § 30.5 for specific application, certification, and filing standards applicable to AES and AESDirect submissions.)
(1)
Submission of an electronic AES Participant Application (APA) for AES filing or submission of an online registration for filing through http://www.census.gov/aes.
(d) Exclusions from filing EEI.
The following types of transactions are outside the scope of this part and shall be excluded from EEI filing:
(1)
Goods shipped under CBP bond through the United States, Puerto Rico, or the U.S. Virgin Islands from one foreign country or area to another where such goods do not enter the consumption channels of the United States.
(2)
Goods shipped from the U.S. territories and goods shipped between the United States and these territories do not require EEI filing. However, goods transiting U.S. territories to foreign destinations require EEI filing.
(3)
Electronic transmissions and intangible transfers. (See Subpart B of this part for export control requirements for these types of transactions.)
(4)
Goods shipped to Guantanamo Bay Naval Base in Cuba from the United States, Puerto Rico, or the U.S. Virgin Islands and from Guantanamo Bay Naval Base to the United States, Puerto Rico, or the U.S. Virgin Islands. (See § 30.39 for filing requirements for shipments exported by the U.S. Armed Services.)
(e) Penalties.
Failure of the USPPI, the authorized agent of either the USPPI or the FPPI, the exporting carrier, or any other person subject thereto to comply with any of the requirements of the regulations in this part renders such persons subject to the penalties provided for in Subpart H of this part.