June 26, 2020
EEI Filing Requirements to China, Russia, or Venezuela § 758.1 of the EAR
On Tuesday, April 28, 2020, the Department of Commerce, Bureau of Industry and Security published a final rule (https://www.govinfo.gov/content/pkg/FR-2020-04-28/pdf/2020-07241.pdf) that will become effective on Monday, June 29, 2020. As a result of this rule, the following changes to the filing requirements in the Automated Export System (AES) will be made in order for exporters and authorized agents to successfully report electronic export information.
Effective on Monday, June 29, 2020
- The Electronic Export Information (EEI) filing requirement for items subject to Supplement No. 2 to Part 744 destined for China, Russia, and Venezuela will become effective on June 29, 2020. To review Supplement No. 2 to Part 744, https://www.govinfo.gov/content/pkg/FR-2020-04-28/pdf/2020-07241.pdf#page=6
- EEI filing for exports to China, Russia or Venezuela of items controlled by Export Control Classification Numbers (ECCNs) not listed in Supplement No. 2 to Part 744 will not be required until Sunday, September 27, 2020.
Background on the EEI filing Requirement to China, Russia, Venezuela
This rule expands Electronic Export Information (EEI) filing requirements in the Automated Export System (AES) for exports to China, Russia, or Venezuela. Existing provisions exempt exporters from both filing EEI for many shipments valued under $2,500 (unless an export license is required) and from entering the ECCN in the EEI when the reason for control is only anti-terrorism (AT).
To promote transparency with respect to shipments to these destinations, this rule revises § 758.1 of the EAR to require filing for items on the Commerce Control List (CCL) destined to China, Russia, or Venezuela regardless of the value of the shipment, unless the shipment is eligible for License Exception GOV.
In addition, even if no license is required to ship a CCL item to those destinations, the EEI filing must include the correct ECCN regardless of reason for control. Certain exemptions from filing found in both the EAR and Foreign Trade Regulations (see § 758.1(c) of the EAR), such as for personally-owned baggage, are retained in this rule.
For the entirety of the rule, please visit https://www.govinfo.gov/content/pkg/FR-2020-04-28/pdf/2020-07241.pdf
For general questions regarding AES, please contact the Economic Management Division (EMD) at the Bureau of the Census at 1-800-549-0595, option 1.
A complete list of all of the AES License Type codes and reporting instructions for these types can be found at https://www.cbp.gov/trade/aes/aestir/appendices
For questions regarding these upcoming AES changes, please contact the Bureau of Industry and Security at one of the phone numbers below.
- Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811
- Office of Technology Evaluation (located in Washington, DC): (202) 482-4933
- Western Regional Office (located in Irvine, CA) (949) 660–0144
- Northern California branch (located in San Jose, CA) (408) 998-8806
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