Automatic manifest security

MEMORANDUM FOR: Directors, Field Operations

FROM: Acting Executive Director
Cargo and Conveyance Security /S/ Frank Jaramillo

SUBJECT: Updated – Frequently AskedQuestions
Enforcement of U.S. Census Bureau Regulations Requiring Mandatory Automated Filing of Export Information

The U.S. Census Bureau (Census) requires mandatory filing ofexport information through the Automated Export System (AES) or through AESDirect for all shipments previously requiring a Shipper’s Export Declaration. Census published the final rule in the FederalRegister (notice 73 FR 31548) on June 2, 2008 amending Title 15, Code of Federal Regulations (CFR), Part 30, Foreign Trade Regulations (FTR) in its entirety. On June 9, 2008, U.S. Customs andBorder Protection (CBP) published a notice (73 FR 32466), which informed the public that CBP would require compliance with its regulations pertaining to the mandatory, pre-departure electronic filingof export information through the AES as of September 30, 2008.

CBP has been delegated authority to enforce penalty provisions in the regulations that potentially impact multiple parties in theexport process. CBP delayed enforcement of the new regulations until publication of the penalty mitigation guidelines, which were published in the Customs Bulletin on January 2, 2009 (CBP Dec. 08-50:Guidelines for the Imposition and Mitigation of Civil Penalties for Failure to comply with the Foreign Trade Regulations in 15 CFR Part 30). The guidelines were effective on February 1, 2009 forviolations occurring on or after February 1, 2009. To read the full CBP legal bulletin, go to:http://www.cbp.gov/linkhandler/cgov/trade/legal/bulletins_decisions/bulletins_2009/vol43_01022009_no2/43genno2.ctt/43genno2.pdf

Attached is an update of Frequently Asked Questions (FAQs) which can be used as a guide regarding enforcement of the FTR regulations.

CBP personnel may respond to...