BIS Issues New Audit Module: Export Auditing
GRVR Attorneys

You may or may not have heard of the Export Management System (EMS) Guidelines from the Bureau of Industry and Security (BIS). The EMS Guidelines give exporters templates to follow when designing and setting up export compliance programs. The problem is that the EMS Guidelines have not been updated in many years. That is probably why the BIS never promoted the guidelines as much as other programs and why the BIS recently pulled the EMS Guidelines from its website as it works to update them.

The BIS has updated one small, but important tool, of the EMS Guidelines: the export audit module. It is wise for exporters to use the audit module as a starting point. However, the audit module, like everything else in the EMS Guidelines, has a pro-government slant, a bias that exporters must take into account. The new audit module, plus a great deal more, will be covered in an upcoming webinar on Wednesday, April 15, 2009. Avoiding and Handling Export Violations webinar is $99 per access line. To register, go to: www.exportimportlaw.com/courseregistration.php

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Thanks to: GRVR Attorneys Gonzalez, Rolon, Valdespino, & Rodriguez, LLCDallas · Washington, DC · San Antonio · Mexico City · Sao Paulo, Brazil · Paris, FranceGRVR has for two decades delivered excellent legal representation to our clients. With offices in six cities, four countries, and three continents, we can fill your legal needs regardless of your location, (214) 720-7720 info@exportimportlaw.com www.exportimportlaw.com

E-Filing of Shipper Export Documentation

The New E-Filing regulations seem to be foremost in everyone's thoughts this week, especially since these new regulations went into effect July 2. We received the following notification from the U. S. Commercial Service, Export Assistance Center here in Houston

Mandatory Electronic Filing For SED Shipments

The U.S. Census Bureau has issued the final rule, which requires mandatory filing of export informaton through the Automated Export System (AES) or through the AESDirect for all shipments where a Shipper's Export Declaration (SED) is required, effective July 2, 2008. There will be a 90 day implementation period, ending September 30. After that, export information must be filed electronically through the AES or AESDirect. These new regulations, published in the Federal Register on June 2, 2008 have tougher penalty provisions that affect everyone in the export process. Penalties may be imposed per violation of the Foreigh Trade Regulations (FTR) from $1,100 to $10,000 both civil and criminal. Anyone submitting paper SEDs after September 30, 2008, will be in violation and subject to penalties. for details on this important rule, see: www.census.gov/foreign-trade/aes/mandatory/index.html

Further, we received the following notification from the Journal of Commerce about an upcoming Web Training on these new regulations.

Journal of Commerce

"Live Teleconference"
New Export Rules – E-Filing of Shipper Export Declaration
Friday, July 25, 2008 ~ 1:30 PM - 2:30 PM
Eastern Time Zone

A comprehensive revision of the nation's export regulations, including mandatory electronic filing of export documents, effective July 1st, will bring an end to paper shippers export declaration, and make the Automated Export System the only legal means for filing export data. Enforcement of these new regulations will begin 60 days after.Census will phase in the regulations to give exporters time to get accustomed to the biggest change, mandatory electronic filing of export documents through the Automated Export System. Jerry Greenwell, Trade Ombudsman, Foreign Trade Division, U.S. Census Bureau, will give more insight to the Automated Export System.

Other topics to be covered:

• How will Census delegate enforcement authority to other agencies?
• Who is going to get penalized for noncompliance?
• How will the penalties be enforced?
• What will be the mitigating factors?
• Who is responsible for routed export transactions?
• What are the major changes in the new Foreign Trade Regulations from the old regulations?

Moderator:Bob Edmonson, Senior Editor, The Journal of CommerceSpeaker: Jerry Greenwell, Trade Ombudsman, Foreign Trade Division, U.S. Census Bureau

Live participation is $99 and allows access to one phone line for an unlimited number of listeners. A live question and answer session will follow the presentations.

WHEN
Friday, July 25, 2008 1:30 PM - 2:30 PM
Eastern Time Zone

FEE
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RSVP
Thursday, July 24, 2008

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