Foreign Trade Regulations Rewrite: Predeparture Filings, Carrier Requirements, Agency-Specific Regulations

Predeparture filing requirements

• Adds a requirement to 30.4(a) that all shipments licensed by the Nuclear Regulatory Commission must be filed predeparture.
• Revises 30.4(a) to clarify that shipments requiring a Bureau of Industry and Security license, and exports listed under BIS’s grounds for denial of postdeparture filing status, must be filed predeparture.
• Adds another two revisions to that same section, to clarify that both of the following require predeparture filings: shipments that require a license from the Bureau of Industry and Security or those that include commodities on the Commerce Control List that are not EAR99. And shipments where complete outbound manifests are required prior to clearing vessels going to countries in CBP regulations 19 CFR 4.75(c), and aircraft going direct or indirectly to countries per CBP regulations 19 CFR 122.74(b)(2).
• Adds filing timeframe requirements to 30.4(b), including requirements for used self propelled vehicles (as defined in CBP regulations 19 CFR 192.2).
• Adds a section to 30.4(b) to clarify that filing timeframes for shipments between the U.S. and Puerto Rico do not apply. In those cases, the U.S. Principal Party in Interest must file export information and have proof of filing citation, postdeparture filing citation of exemption citation by the time the shipment arrives for unloading.

Export Administration Regulations

• Adds a requirement to place information on the export authority -- license exceptions or NLR -- of all items on export control documents for shipments that are exempt from filing in AES.
• Adds requirement that shipments destined to countries listed in Country Group E:1 (which covers terrorist-supporting countries) require EEI filings regardless of value, unless such shipment is eligible for one or more of the exemptions in 30.37(y) and does not require a license by any other federal agency.

State Department Regulations

• Clarify in 30.18(a) that shipments licensed by State ultimately destined to a U.S. location are not required to file in the AES.

Carriers and Containers Reporting

• 30.26 is revised to include an exemption for reporting vessels, aircraft, cargo vans and other carriers and containers when shipping as instruments of international traffic.
• Adds language to 30.28 to clarify that split shipments now include all modes of transportation. Parts of a split shipment will not require a new EEI filing or a revision to the original EEI, as long as all parts leave within 24 hours from the same port. The rule also adds a clarification to section 30.459(c) that a split shipment must be divided by the carrier.
• Revises 30.29 to clarify the value to be reported for U.S Munitions List and non-USML shipments of goods previously imported for repair, alteration or replaced under warranty. For non-USML items, an EEI filing is required if the parts and labor are valued more than $2,500. For USML items, an EEI must be filed regardless of value.

General Carrier and Manifest Requirements

• Revises section 39.45(a)(2) to require the manifest to be filed with the CBO Port Director at the port of exit, rather than where the goods are laden (except for shipments from the U.S. to Puerto Rico).
• Clarifies carrier requirements in 30.47: Carriers must file manifest and all required filing citations and/or exemption legends in accordance with CBP, and a list of those citations or legends must be presented for carriers under bond on an incomplete manifest request by CBP.

Penalties

• Clarifies that civil penalties imposed for late filing and civil penalties for failure to file are different.
• Adds language in 30.74(c)(3) to clarify that when submitting a voluntary self-disclosure, the person must indicate corrective steps taken to avoid a future violation, and list the ITNs of the missed or corrected shipments.