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Section 30.4§ 30.4 Preparation and signature of Shipper's Export Declaration (SED). (a) General requirements (SED). For purposes of this part, all references to preparing and filing the paper SED also pertain to preparing and filing the AES electronic record. The SED or AES record is a dual-purpose document used by the Census Bureau for statistical reporting purposes only, and by the Bureau of Export Administration (BXA) and other government agencies for export control purposes. For purposes of this part, the provisions apply only to statistical reporting requirements. The Shipper's Export Declaration (SED) or the AES record must be prepared and signed by a principal party in interest or by a forwarding or other agent authorized by a principal party in interest. The person who signs the SED must be in the United States at the time of signing. That person, whether exporter (U.S. principal party in interest) or agent, is responsible for the truth, accuracy, and completeness of the SED or AES record, except insofar as that person can demonstrate that he or she reasonably relied on information furnished by others. The Census Bureau recognizes ``routed export transactions'' as a subset of export transactions. A routed export transaction is where the foreign principal party in interest authorizes a U.S. forwarding or other agent to facilitate export of items from the United States. See paragraph (c) of this section for responsibilities of parties in a routed export transaction. (1) Exporter (U.S. principal party in interest). For purposes of completing the paper SED or AES record in all export transactions, the exporter (U.S. principal party in interest) is listed as the ``U.S. principal party in interest'' on the SED or AES record. In all export transactions, the person listed in the U.S. principal party in interest block on the paper SED or in the U.S. principal party in interest field of the AES record is the exporter (U.S. principal party in interest) in the transaction. The U.S. principal party in interest is theperson in the United States that receives the primary benefit, monetary or otherwise, of the transaction. Generally that person is the U.S. seller, manufacturer, order party, or foreign entity. The foreign entity must be listed as the U.S. principal party in interest on the SED or AES record, if it is in the United States when the items are purchased or obtained for export. The foreign entity must then followthe provisions for preparing and filing the SED or AES record specified in Secs. 30.4 and 30.7 pertaining to the U.S. principal party in interest. In most cases, the forwarding or other agent is not a principal party in interest. (i) If a U.S. manufacturer sells merchandise directly for export to
a foreign principal party in interest, the U.S. manufacturer must be listed
as the U.S. principal party in interest on the SED or AES record. Note to paragraph (a)(1): The EAR defines the ``exporter'' as the person
in the United States who has the authority of a principal partyin interest
to determine and control the sending of items out of the United States
(see 15 CFR Part 772 of the EAR). For statisticalpurposes the Foreign
Trade Statistics Regulations (FTSR) have a different definition of ``exporter''
from the Export Administration (2) Forwarding or other agent. The forwarding or other agent is that
person in the United States who is authorized by a principal party in
interest to perform the services required to facilitate the export of
items from the United States. The forwarding or other agent must be authorized
by the exporter (U.S. principal party in interest) or, in the case of
a routed export transaction, the foreign principal party in interest to
prepare and file the SED or the AES record. In a routed export transaction,
the forwarding or other agent can be the exporter for export control purposes
under the EAR. However, the forwarding or other agent is never the ``U.S.
principal party in interest'' in the U.S. principal party in interest
block on the paper SED or in the ``U.S. principal party in interest''
field of the AES record unless the forwarding or other agent acts as an
``order party.'' (See paragraph (a)(1)(iii) for definition of order party) (b) Responsibilities of parties in export transactions. (1) Exporter
(U.S. principal party in interest) responsibilities. (i) The exporter
(U.S. principal party in interest) can prepare and file the SED or AES
record itself, or it can authorize a forwarding or other agent to prepare
and file the SED or AES record on its behalf. If the exporter (U.S. principal
party in interest) prepares the SED or AES record itself, the exporter
(U.S. principal party in interest) is responsible for the accuracy of
all the export information reported on the SED or AES record, for signing
the paper SED, filing the paper SED with U.S. Customs, or transmitting
the AES record to U.S. Customs. (C) Maintaining documentation to support the information provided to
the forwarding or other agent for completion of the SED or AES record,
as specified in 30.11. (c) Responsibilities of parties in a routed export transaction. (1)Exporter
(U.S. principal party in interest) responsibilities. In a routed export
transaction where the foreign principal party in interest authorizes a
U.S. forwarding or other agent to prepare and file the SED or AES record,
the exporter (U.S. principal party in interest) must maintain documentation
to support the information provided to the forwarding or other agent for
preparing the SED or AES record as specified in 30.11 and provide such
forwarding or other agent with the following information to assist in
preparing the SED or AES record: NOTE TO PARAGRAPH (c)(1): For items in paragraph (c)(1)(ix) and (x) of this section, where the foreign principal party in interest has assumed responsibility for determining and obtaining license authority, the EAR sets forth the information sharing requirements that apply at 15 CFR 758.3(c) of the EAR. (2) Forwarding or other agent responsibilities. In a routed export transaction,
the forwarding or other agent is responsible for; obtaining a power of
attorney or written authorization from the foreign principal party in
interest to prepare and file the SED or AES record on its behalf; preparing,
signing, and filing the SED or AES record based on information obtained
from the exporter (U.S. principal party in interest) or other parties
involved in the transaction; maintaining documentation to support the
information reported on the SED or AES record, and upon request by the
exporter (U.S. principal party in interest), provide appropriate documentation
to the exporter (U.S. principal party in interest) verifying that the
information provided by the exporter (U.S. principal party in interest)
was accurately reported on the SED or AES record. The forwarding or other
agent must also provide the following export information on the SED or
AES record: (i) Date of exportation; NOTE TO PARAGRAPH (c)(2): For items in paragraph (c)(2)(xiv) and (xv) of this section, where the foreign principal party in interest has assumed responsibility for determining and obtaining license authority, the EAR sets forth the information sharing requirements that apply at 15 CFR 758.3(c) of the EAR. (d) Information on the Shipper's Export Declaration (SED) or Automated
Export System (AES) record. The data provided on the SED or AES electronic
record shall be complete, correct, and based on personal knowledge of
the facts stated or on information furnished by theparties involved in
the export transaction. All parties involved in export transactions, including
U.S. forwarding or other agents, should be aware that invoices and other
commercial documents may not necessarily contain all the information needed
to prepare the SED or AES record. The parties must ensure that all the
information needed for completing the SED or AES record, including correct
export licensing information, is provided to the forwarding or other agent
for the purpose of correctly preparing the SED or AES record as (e) Authorizing a Forwarding or other agent. In a power of attorney
or other written authorization, authority is conferred upon an agent (f) Format requirements for SEDs: The SED shall be prepared in English
and shall be typewritten or prepared in ink or other permanent medium
(except indelible pencil). The use of duplicating processes, as well as
the overprinting of selected items of information, is (g) Copies of SEDs: All copies of the SEDs must contain all of the information
called for in the signature space as to name of firm, [65 FR 42561, July 10, 2000] 9 July 2002 |
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Source: FTDWebMaster, Foreign
Trade Division, U.S. Census Bureau, Washington, D.C. 20233
Location: MAIN: REGULATIONS:
Created: 26 July 2002
Last modified:
30 July 2002 at 02:57:45 PM