AES CHANGES IMPACTED BY EXPORT CONTROL REFORM IMPLEMENTATION RULE #2

November 21, 2013

AES Broadcast #2013099

On Monday, July 8, 2013, the Department of Commerce, Bureau of Industry and Security published a final rule (http://www.gpo.gov/fdsys/pkg/FR-2013-07-08/pdf/2013-16238.pdf) that will become effective January 6, 2014. As a result of this rule, the following changes will be made to the Automated Export System (AES) in order for exporters and authorized agents to successfully report electronic export information in the AES.

The Addition of “600 series” Export Control Classification Numbers (ECCN)

ECCNs 0A606, 0A617, 0B606, 0B617, 0C606, 0C617, 0D606, 0D617, 0E606, 0E617, 8A609, 8A620, 8B609, 8B620, 8C609, 8D609, 8D620, 8E609, and 8E620 will be added to the AES ECCN reference table. See the following instructions to determine which “600 series” ECCNs are eligible for certain license types. By using any of the License Exceptions or a Special Comprehensive License, you are certifying that the terms, provisions, and conditions described in the EAR have been met.

C30 (BIS license), C31 (BIS Special Comprehensive License), C40 (TMP), C41 (RPL), C42 (GOV), and C59 (STA) –“600 series” ECCNs are eligible to the extent permitted under parts 740 and 752 of the EAR.
C32 (NLR with a reason for control other than or in addition to AT) – All “600 series” ECCNs created under this final rule are eligible if exported to Canada. Some of these “600 series” items were previously authorized under an International Traffic in Arms Regulations (ITAR) Canadian exemption (SCA).
C35 (LVS) – The following “600 series” ECCNs are eligible: 0A606, 0A617, 0B606, 0B617, 0C606, 0C617, 8A609, 8A620, 8B609, 8B620, and 8C609.
C44 (TSU) – The following “600 series” ECCNs are eligible: 0D606, 0D617, 0E606, 0E617, 8D609, 8D620, 8E609, AND 8E620.
C60 (DY6) – The following “600 series” ECCNs are eligible: 0A606, 0A617, 0D606, 0D617, 0E606, 0E617, 8A609, 8A620, 8D609, 8A620, 8E609, and 8E620.

If the “600 series” ECCNs are reported under any other license type, AES will generate a fatal error back to the filer. With the exception of “600 series” .y paragraph exports under license type C60, an AES filing is required for exports of items classified under “600 series” ECCNs, regardless of the value of the item or destination.

Testing of “600 Series” in AES

Any software provider or company with an in-house software program interfacing directly with AES may now test the changes in AES including the acceptance by AES of new “600 series” ECCNs, AES license type code C60 (DY6) for .y paragraph items of the “600 series” ECCNs, and new edits and validations. Please contact your U.S. Customs and Border Protection client representative for more details.

For questions regarding these upcoming AES changes, please contact the Bureau of Industry and Security by email at ECR_AES@bis.doc.gov or at one of the phone numbers below.

Office of Technology Evaluation (located in Washington, DC): (202) 482-2078

Outreach and Educational Services Division (located in Washington, DC) (202) 482-4811

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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