Omari Wooden & Fay Johnson December 12, 2012 Complying with the Foreign Trade Regulations & Accessing Census Trade Data.

Slides:



Advertisements
Similar presentations
International Trade Specialist World Trade center Kentucky
Advertisements

Legal Developments and Compliance Issues in Crowdfunding: International Trade Michelle Schulz, Partner Gardere Wynne Sewell LLP Thanksgiving Tower, Suite.
Document WHAT EXPORT SHIPPING DOCUMENTS DO I NEED? –vary widely according to the country of destination and the type of product being shipped. –Failure.
Safe & Compliant Jewelry Shipping: INTERNATIONAL TRADE SIMPLIFIED.
Dale C. Kelly Assistant Division Chief Data Collection
Incoterms, Export Documentation and AES
A-TCET Outbound Enforcement February 12, Outbound Mission Preventing terrorists, terrorist groups, rogue nations and other criminal organizations.
Overview of Foreign Trade Data Products Fay Johnson September 26,
10+2 Importer Security Filing Brought To the Importer By.
PACE Technologies – 3601 E. 34 th St. Tucson, AZ Telephone: FAX: ExitNextBack
CONECT Northeast Trade & Transportation Conference AES & CBP Enforcement March 18, 2009 Roland Shrull, Esq. Middleton & Shrull (781) www. middleton-shrull.com.
1 Export Control Information University of Southern California Office of Compliance Daniel Shapiro.
1 CHAPTER XXXI INT'L FREIGHT FORWARDER & ELECTRONIC EXPORT INFORMATION  International Freight Forwarder  Electronic Export Information.
1 Routed Export Transactions June 2013 Name Place, date United States of America Routed Export Transactions June 2013 Freight Forwarders – Routed Export.
2000 U.S. Census Bureau Foreign Trade Statistics Regulations 15 CFR Part 30 **** U.S. Principal Party in Interest and Forwarding Agent Responsibilities,
U.S. Census Bureau 2005 Reduce Exporting Stress with AES Gerard J. Horner Division Chief Foreign Trade Division U.S. Census Bureau.
Foreign Trade Statistics Regulations 15 CFR Part 30 Exporter/Forwarding Agent Responsibilities Provisions for Power of Attorney/Mail Shipments & Software.
Reduce Exporting Stress withAES. l Electronic Filing of Shipper’s Export Declarations (SEDs) l Electronic Filing of Carrier Outbound Manifests What Is.
International Trade Presented to the DLI/ACCOLEDS by Sharon Nevins, Nadine Lacroix LET US BRING YOU THE WORLD! Import the facts. Export your knowledge.
2000 U.S. Census Bureau Reduce Exporting Stress with AES.
Bill Delansky, Product Owner, Manifest and Exports ACE Business Office
Commerce Business Apps Challenge Commerce is challenging developers to look for innovative ways to utilize DOC and other publicly available data to help.
Export 101: The Export Transaction Flowchart. BUSINESS IS INTERESTED IN EXPORTING RESEARCHES & STUDIES INFORMATION ON EXPORT Export Transaction Flow Chart.
Export Compliance Global California 2009 April 3, 2009 Santa Clara, CA.
2003 U.S. Census Bureau Internet Tools for Export Compliance U.S. Government Applications Chuck Woods.
U.S. Customs and Border Protection (CBP) Outbound Issues Webinar
Winter Education Conference Contracting March 6, 2008 National Contract Management Association The Cape Canaveral Chapter.
U.S. Census Bureau Reduce Exporting Stress with AES Automated Export System Branch Foreign Trade Division U.S. Census Bureau.
Foreign Trade Division AES Compliance Seminar
1 Foreign Trade Statistics Regulations U.S. Census Bureau Foreign Trade Division Regulations, Outreach and Education Branch.
Business Statistics and Registers
NCBFAA WEBINAR ADVANCE TRADE DATA ELEMENTS March 1, 2007 Moderated by Mary Jo Muoio and Alan R. Klestadt.
Foreign Trade Division Trade Promotion Coordinating Committee 1 September 2012.
1 Omari Wooden Trade Ombudsman U.S. Census Bureau Foreign Trade Division Foreign Trade Regulations & Automated Export System.
U.S. Census Bureau The ABCs of AES Keith Jones Marketing & Client Support Foreign Trade Division June 21, 2005 Massachusetts Export Center Boston Marriott.
Export Control Basics James E. Peterson, Ph.D. Associate Vice Chancellor for Research Office of Sponsored Research.
The General Rules of Interpretation
1 Omari Wooden Trade Ombudsman U.S. Census Bureau Foreign Trade Division Automated Export System Overview.
2000 U.S. Census Bureau Facilitating U.S. Exports with E-Government.
U.S. Army Corps of Engineers US – Foreign Vessel Movement and Trade Based Cargo Data July 7 th, 2005 Doug McDonald.
Export Controls Marci Copeland Office of Research Export Control Administrator.
MASS EXPORT CENTER Export Control Reform - ECR Automated Export System - AES December 10, 2013 Moe Mitchell.
Importer Security Filing “10 + 2”. What is it? Required electronic filing of certain data elements 24 hours prior to the vessel loading in the foreign.
The Role of the Freight Forwarder
1 Foreign Trade Regulations Mandatory Automated Export System Christina Farr September 15, 2008 Foreign Trade Division Regulations, Outreach and Education.
is intended to improve the ability of Customs and Border Protection (“CBP”)to identify high-risk shipments to the United States will require.
2000 U.S. Census Bureau Regulations Update Foreign Trade Division September 2000.
U.S. Customs and Border Protection JFK International Airport
AES NOW and 2014 Presented for Export Expo 2013 December 10, 2013 by Harvey Waite, OCEANAIR Inc.
1 Foreign Trade Regulations Highlights Texas Brokers Association, Inc. Jerry Greenwell September 24-27, 2008.
CPSC Testing and Certification Requirements Applicable to Consumer Fireworks Presented by the American Fireworks Standards Laboratory February 18, 2010.
© 2013 Braumiller Schulz LLP Any copying or distribution is prohibited. Adrienne Braumiller, Partner Michelle Schulz, Partner
Foreign Trade Division Jerry Greenwell, Chief Regulations, Outreach and Education Branch.
 U.S. laws and their implemented regulations that prohibit the unauthorized “export” of certain controlled ITEMS, INFORMATION OR SOFTWARE to foreign.
AUTOMATED EXPORT SYSTEM PRESENTATION PRESENTED BY: HARVEY R. WAITE, II Partner, Director of Regulatory Compliance and Security OCEANAIR, Inc. December.
Routed Export Transactions
Automated Manifest System (“AMS”) C. Jonathan Benner Troutman Sanders LLP Washington, D.C. 22 March 2004 Stamford, Connecticut.
2000 U.S. Census Bureau Regulations, Outreach & Education Branch * * * * Regulations Update Foreign Trade Division October 2000.
Transitioning to the ACE Platform Omari Wooden Assistant Division Chief, Trade Outreach and Regulations December 11, 2015.
Reduce Exporting Stress withAES. l Electronic Filing of Shipper’s Export Declarations (SEDs) l Electronic Filing of Carrier Outbound Manifests What Is.
Office of Export Enforcement Bureau of Industry and Security (BIS) U.S. Department of Commerce Anthony Levey Special Agent in Charge Los Angeles Field.
Tradewatch 2011 February 17, Tradewatch 2011 Feb. 17, 2011 Paulette Kolba, Panalpina, Inc. Partners in Compliance Exporter and Forwarder Challenges.
U.S. CUSTOMS AND BORDER PROTECTION LOS ANGELES / LONG BEACH SEAPORT.
FTR & ACE Transition Update Theresa Gordon International Trade Management Division U.S. Census Bureau.
Tablet Press & Capsule Filling Machine Transaction Regulations
U.S. Customs and Border Protection (CBP) Outbound Issues Webinar
Export Compliance at Fluke
Lockheed Martin Canada’s SMB Mentoring Program
Export Compliance Update and Utilizing ACE to Manage Compliance
Southern Border Conference Export Compliance August 23, 2018
Presentation transcript:

Omari Wooden & Fay Johnson December 12, 2012 Complying with the Foreign Trade Regulations & Accessing Census Trade Data

Today’s Topics  Legal Requirements  U.S. Principal Party in Interest  Types of export transactions  Penalties  Automated Export System  Best practices 2

3 Complying with the Foreign Trade Regulations 3

Legal Requirements Census Bureau Foreign Trade Regulations (FTR) Title 15 Code of Federal Regulations, Part 30 Bureau of Industry and Security (BIS) Export Administration Regulations (EAR) Customs and Border Protection (CBP) Customs Regulations State Department International Traffic in Arms Regulations (ITAR) 4

When is Electronic Export Information (EEI) Required? (FTR 30.2)  U.S.  foreign countries  U.S.  U.S. Virgin Islands  Puerto Rico  foreign countries  Puerto Rico  U.S. Virgin Islands  U.S.  Puerto Rico EEI must be filed for exports of physical goods when shipped as follows: 5

6 What is a Shipment? (FTR 30.1)  ONE U.S. Principal Party in Interest shipping their merchandise, to  ONE Foreign consignee, on  ONE Carrier moving the product out of the U.S., on  ONE day, with  Valued over $2,500 per Schedule B number or license is required 1 Tip: The ONE Rule

Shipment Example 7 US Company A US Company B US Company C US Company D German Company X FedEx / UPS Friday Four unique shipments based on the four different US companies Four unique shipments based on the four different US companies

Shipment example 8 US Company A German Company X FedEx / UPS Wednesday Monday Friday Three unique shipments based on the three different dates of export Three unique shipments based on the three different dates of export

U.S. Principal Party in Interest (FTR 30.3) The U.S. Principal Party in Interest (USPPI) is the:  U.S. Person or Entity  Primary Benefactor (Monetary or Otherwise)  Foreign Entity (if in the U.S. at time goods are purchased or obtained for export) Generally that Person can be the:  U.S. Seller: (Wholesaler or Distributor)  U.S. Manufacturer  U.S. Order Party 9

Ultimate Consignee (FTR 30.6(a)(3))  Report the Ultimate Consignee as known at the time of export.  Licensed shipments shall be the person designated on the export license 10 The person, party, or designee located abroad and actually receives the export shipment.

11 Two Types of Transactions (FTR 30.3) Export Transaction (Standard): USPPI files the EEI or authorizes an agent to file the EEI Routed Export Transaction: Foreign Principal Party in Interest (FPPI) authorizes a U.S. agent to facilitate the export of items from the United States and to prepare and file the EEI

12 Export Transaction (FTR 30.3(c)) USPPI Responsibilities:  Prepare and file EEI and provide proof of filing citation  Authorize a U.S. agent to file EEI via power of attorney or written authorization  Provide agent with accurate and timely export information  Assume responsibility for license determination  If filing, respond to AES fatal errors or compliance alerts  Retain documentation

13 Export Transaction (FTR 30.3(c)) U.S Authorized Agents’ Responsibilities:  Obtain written authorization or power of attorney from USPPI  Accurately prepare EEI via the AES, based on information provided by the USPPI and other parties  If filing, respond to AES fatal errors or compliance alerts  Provide AES Internal Transaction Number (ITN) to carrier based on required filing timeframes  Upon request, provide USPPI with copy of information filed on its behalf

14 Routed Export Transaction (FTR 30.3(e)) USPPI Responsibilities:  Must provide FPPI’s agent with commodity data and Licensing information  May request copy of the authorized agent’s power of attorney or written authorization from the FPPI  If filing, obtain power of attorney or written authorization from FPPI to complete and file the EEI  Maintain documentation

15 Routed Export Transaction (FTR 30.3(e)) U.S. Authorized Agent Responsibilities:  Obtains a POA or written authorization from the FPPI  Prepare and file the EEI  Upon request, provide the USPPI with data elements filed on its behalf  Upon request, provide the USPPI with a copy of the POA or written authorization from the FPPI  Provide filing citation or exemption legend  Maintain documentation

16 Shipments Exempt from Filing (FTR )  Country of ultimate destination is Canada (30.36)  $2,500 or less per Schedule B number (30.37(a))  Tools of Trade: hand carried, personal or company use, not for sale, not shipped as cargo, returned within 1 year (30.37(b))  Intangible exports of software & technology (30.37(f))  Temporary Exports (e.g., Carnets) (30.37(q))  Shipments consigned to the U.S. Armed Forces (30.39)

17 Exemptions Do Not Apply (FTR 30.2(a)(iv))  Commerce (BIS) licenses  Country Group E:1 (Supplement 1 to 15 CFR 740) Country Group E:1  State Department licenses and ITAR controlled items  License shipments from other government agencies  Shipments on Office of Foreign Assets Control Sanctions Program ListOffice of Foreign Assets Control Sanctions Program List  Rough Diamonds

Repair Items (FTR 30.29(a))  Report the value of the repairs, including parts and labor  Report Schedule B number for the re-export of any article that was imported for repairs or alterations 18

Warranty Items (FTR 30.29(b))  Report the value of the replacement commodity  Report original Schedule B number  If the value on the EEI record is different from the value on the bill of lading, invoice, etc., include a statement notating: “Product replaced under warranty, value for EEI record purposes” 19

Voluntary Self Disclosure (FTR 30.74) Submit letter on company letterhead and include the following information:  Description of information unreported or reported incorrectly  Number and value of shipments affected  Steps taken to resolve problem  Point of contact  Letters should be submitted to: File data in AES as soon as possible and retain documentation regarding all shipments involved in disclosure 20

21 Parties Subject to Penalties (FTR ) All parties involved in an export transaction are subject to penalties, including:  USPPI  Freight forwarder  Authorized agent  Carrier 21

Penalties (FTR 30.71)  Criminal Penalties  U.S. exporters, agents, or carriers who knowingly fail to file, file false or misleading information, or continue to participate in illegal activities  Penalty can be up to $10,000 per violation and/or imprisonment for no more than five years  Civil Penalties  U.S. exporters, agents, or carriers who report incorrect information or report export information late  Penalty can be up to $10,000 per violation or $1,100 per each day of delinquency 22

23 Mitigating Factors Including, but not limited to: First-time USPPI or authorized agent, FPPI, carrier, etc. Voluntary self-disclosure of the violation Clear documentary evidence of remedial measures undertaken to prevent future violation Exceptional cooperation with CBP, Census or BIS Demonstration by party of having a systematic export compliance effort. 23

24 Aggravating Factors Including, but not limited to: Several violations in the same export transaction Circumstances suggest the intentional nature of the violation High number of violations in preceding 3 year period Evidence of criminal conviction for related violation, i.e. BIS violation The party exports as a regular part of its business, but lacks a systematic export compliance effort. 24

25 Automated Export System & Electronic Export Information 25

26 AES Process Flow 26

27 Gather/Review filing resources Foreign Trade Regulations (FTR) Export Flipper AESDirect Support Center FTD Blog at blogs.census/gov/globalreach Before Filing the EEI 27

28 Decide who is filing the EEI –USPPI files –Authorized U.S. Agent files on USPPI’s behalf. To avoid duplicate EEI filings, only one party files the EEI. Before Filing the EEI 28

29 Filing the EEI and Troubleshooting Misreported Codes: Port of Export: Four digit number Misclassification: Ink cartridges vs. weapon cartridges Rubber seals vs. live seals Country of Destination: Two alpha characters IE – IrelandIR – IranIQ – Iraq Carrier SCAC/IATA Four character code for Vessel, Truck, and Rail Two or three character code for Air Schedule B: Ten digit number Search engine available at: 29

30 AES Responses Verify Compliance Warning Informational Verify Compliance Warning Informational Fatal Shipment Rejected No ITN Issued or Update Rejected Shipment Accepted ITN Issued 30

Implement Best Practices  Document!!! Document!!! Document!!!  Correct information as soon as possible  Maintain compliance Education & cross training Automation & Procedures  Attend Seminars & Workshops 31

32 Accessing Census Trade Data 32

Foreign Trade Website 33

Schedule B Product Classification It is important to correctly classify your product to avoid costly fines and penalties. 34

Schedule B Search Tool  Drill down capability  Full commodity description  trade export value at the 6-digit level 35

Additional Classification Data 36  End-Use  North American Industry Classification System  Standard International Trade Classification (SITC)  Advanced Technology Products (ATP) 01 – Biotechnology06 – Flexible Manufacturing 02 – Life Science07 – Advanced Materials 03 – Opto-Electronics08 – Aerospace 04 – Information & Communications09 – Weapons 05 – Electronics10 – Nuclear Technology

Data Navigation The Data tab is the central navigation tool for trade statistics 37

FT900: U.S. International Trade in Goods & Services Report  Produced by FTD and the Bureau of Economic Analysis (BEA)  Principle economic indicator  Services statistics provided by BEA  Monthly, year-to-date (YTD) and annual data 38

Additional Releases Other Statistical Releases  FT920: U.S. Merchandise Trade: Selected Highlights  U.S. Imports for Consumption of Steel  Related Party  Profile of U.S. Importing and Exporting Companies 39

Visualize Trade Data Monthly top 15 U.S. trading partners by dollar value and more with… 40 Interactive legends and downloadable data and images

Country Trade Balance  Current export, import, and trade balance data by month  Historical data available  Country Groups  European Union  OPEC 41

 Trade in Goods by Country  Top Trading Partners  North American Industrial Classification System (NAICS)  End-Use  Standard International Trade Classification (SITC)  Advanced Technology Products (ATP)  Trade w/ Puerto Rico and U.S. Possessions 42 Country and Product Trade Data

State Data Top 25 Harmonized System (HS) Commodity Exports and Imports by State 43

 Annual Trade Totals, 1960 – present  Monthly trade, 1992 – present  Petroleum historical data  Constant-dollar historical data 44 Historical Data

 U.S. Exports & U.S. Imports of Merchandise  1-10 Selected Commodity Subscription Service  State Data (OM & ZIP)  Monthly: 6-digit HS  Quarterly: 3-digit NAICS; State/Region; State/Port  Port 6-digit HS  Special Program Indicators (SPI – electronic version of IM146A)  Trade with Puerto Rico and US Possessions (electronic version of FT895)  Textile Summary  Commodity/Geographic/Textile concordances 45 Data Downloads

USA Trade ® Online USA Trade Online ( is the official online source of U.S. merchandise trade statisticswww.usatradeonline.gov 46

USA Trade Online Data Offerings  Current and historical data  HS and NAICS based statistics  District, state and port-level trade by product and country 47

Data LevelHSNAICSMeasures District Level Annual Data 1992 – present Monthly Data 2002 – present 2-, 4-, 6- and 10- digit 3-, 4-, 5- and 6-digitHS: Total Value, Quantity and Unit Price NAICS: Total Export Value, Domestic Export Value, Foreign Export Value, General Imports for Consumption Value, General Imports CIF Value, Imports for Consumption Customs Value, Imports for Consumption CIF Value, and Balance of Trade Port Level Annual and Monthly Data 2003 – present 2-, 4- and 6-digitN/ATotal Value, Vessel Value, Vessel SWT, Air Value, Air SWT, Containerized Vessel Value and Containerized Vessel SWT State Level Annual and Monthly Data Exports 2002 – present Imports 2008 – present 2-, 4-, 6-digit3- and 4-digitTotal Value, Vessel Value, Vessel SWT, Air Value, Air SWT, Containerized Vessel Value and Containerized Vessel SWT 48 USA Trade Online Data Offerings

Standard Report 49 Use the Standard Report to customize every aspect of your trade report with as little or as much detail as you want.

Commodity Selection 50 Select the products you want to analyze using one of the following:  Commodity Selection Tree  Search Box  Create a Custom Commodity Group

Country Selection 51  World Total and Individual Countries  Geographic Regions  International Organizations and Trade Agreements Country Options:

Managing Time Selection 52  Monthly and Annual Selection Tree  Time Series Sets Monthly, annual and year-to-date time options available

View Your Report 53 Completed Customized Report

Additional Features 54  Sort  My Reports  Automatic Monthly Updates  Saves Custom Groups  Searchable  Download  XML for Excel  Comma-delimited

Quick and Easy 55 Create a comprehensive trade report in 3 steps 1.Select Trade by Commodity 2.Select the Product(s) 3.View the Report

State Export Report Sample 56 Use USA Trade Online to identify California’s top 10 export commodities!

 Export training videos  Global Reach Blog Additional Training Tools

Fundamentals of Exporting Webinar Series All webinars are stored at the following website:  Understanding the Basics: Introduction to Foreign Trade Statistics  Discovering New Markets — Utilizing USA Trade Online  All Products Have a Classification Number — Learn How to Find Yours  Foreign Trade Regulations — Demystifying the Rules of Exporting  Filing Export Information Electronically — The ABCs of AES  Your Free Tools of Trade — AES Direct and AESPcLink  Getting it Right the First Time — How to Avoid Common Penalties  What is a Foreign Trade Zone and How Can It Help You?

59 For More Information FTD Call Center: Option 1 – AES Assistance Option 2 – Commodity Classification Assistance Option 3 – Regulations Assistance Option 4 – Data Dissemination Fax: FTD Blog: blogs.census.gov/globalreach/

Questions? 60