June 26, 2020
REMOVAL OF AES LICENSE CODE C37, CIVIL END USERS (CIV)
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/html/2020-07240.htm) that becomes effective June 29, 2020. As a result of this rule, the following change will be made to AES in order for exporters and authorized agents to successfully report electronic export information in the AES.
The Removal of License Type C37, Civil End Users (CIV) from the Automated Export System.
BIS is removing License Exception Civil End-Users (CIV) (§ 740.5 of the EAR), which authorized exports, reexports, and transfers (incountry) of certain national security-controlled items, without prior review by BIS provided the exception’s criteria were met, to most civil end users for civil end uses in Country Group D:1. As set forth in Supplement No. 1 to part 740 of the EAR, countries listed in Country Group D:1 are of concern for national security reasons. BIS is removing License Exception CIV due to the increasing integration of civilian and military technology development in these countries of concern.
United States Principal Parties in Interest (USPPIs) and their authorized filing agents (AES filers) must adhere to the following new reporting requirements to prevent the return of fatal errors from AES.
License Type C37 will no longer be eligible for Electronic Export Information (EEI) in AES and will return fatal errors after the effective date of June 29, 2020.
For more information on other license exceptions, please see § 740 of the EAR (https://www.bis.doc.gov/index.php/regulations/export-administration-regulations-ear).
If you need to apply for a BIS export license, please visit https://www.bis.doc.gov/index.php/licensing/simplified-network-application-process-redesign-snap-r.
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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