[Code of Federal Regulations]
[Title 15, Volume 1]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR30.62]

[Page 330-332]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
         CHAPTER I--BUREAU OF THE CENSUS, DEPARTMENT OF COMMERCE
 
PART 30--FOREIGN TRADE STATISTICS--Table of Contents
 
 Subpart E--Electronic Filing Requirements--Shipper's Export Information
 
Sec. 30.62  AES Certification, qualifications, and standards.

    (a) AES certification process. Certification for AES filing will 
apply to any exporter, authorized forwarding agent, carrier, non-vessel 
operating common carriers (NVOCC), consolidator, port authority, 
software vendor, or service center transmitting export information 
electronically using the AES. Applicants interested in AES filing must 
submit a Letter of Intent to the Census Bureau in accordance with the 
provisions contained in Sec. 30.60. Customs and the Census Bureau will 
assign client representatives to work with the applicant to prepare them 
for AES certification. The AES applicant must perform an initial two-
part communication test to ascertain whether the applicant's system is 
capable of both transmitting data to and receiving data from the AES. 
The applicant must demonstrate specific system application capabilities. 
The capability to correctly handle these system applications is the 
prerequisite to certification for participation in the AES. The 
applicant must successfully transmit the AES certification test. 
Assistance is provided by the Customs' and Census Bureau's client 
representatives during certification testing. These representatives make 
the sole determination as to whether or not the applicant qualifies for 
certification. Upon successful completion of certification testing, the 
applicant's status is moved from testing mode to operational mode. Upon 
certification, the filer will be required to maintain an acceptable 
level of performance in AES filings. The certified AES filer may be 
required to repeat the certification testing process at any time to 
ensure that operational standards for quality and volume of data are 
maintained.
    (1) Filing agent certification. Once an authorized filing agent has 
successfully completed the certification process, the exporter(s) using 
that agent need no further AES certification of their own. The certified 
filing agent must have a properly executed power of attorney, a written 
authorization from the exporter, or a SED signed by the

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exporter to transmit the exporter's data electronically using the AES. 
The exporter or authorized agent that utilizes a service center or port 
authority must complete certification testing, unless the service center 
or port authority has a formal power of attorney or written 
authorization from the exporter to submit the export information on 
behalf of the exporter.
    (2) AES certification letter. The Census Bureau will provide the 
certified AES filer with a certification letter after the applicant has 
been approved for operational status. The certification letter will 
include:
    (i) The date that filers may begin transmitting ``live'' data 
electronically using AES;
    (ii) Reporting instructions; and
    (iii) Examples of the required AES exemption legends.
    (3) AES filing standards. The certified AES filer's data will be 
monitored and reviewed for quality, timeliness, and coverage. The Census 
Bureau will notify the AES filer in writing if they fail to maintain an 
acceptable level of quality, timeliness, and coverage in the 
transmission of export data or fail to maintain compliance with Census 
Bureau regulations contained in this chapter. The Census Bureau will 
direct that appropriate action to correct the specific situation(s) be 
taken.
    (b) Criteria for denial of applications requesting Option 4 filing 
status; appeal procedure. Approval for Option 4 filing privileges will 
apply only to exporters. However, forwarding agents may apply for Option 
4 filing privileges on behalf of an individual exporter. Option 4 
applicants must submit a Letter of Intent to the Census Bureau in 
accordance with the provisions contained in Sec. 30.60.
    (1) Option 4 approval process. The Census Bureau will distribute the 
Letters of Intent for Option 4 filing privileges to Customs and the 
other partnership agencies participating in the AES Option 4 approval 
process. Failure to meet the standards of the Census Bureau, Customs, or 
one of the partnership agencies is reason for nonselection or denial of 
the application for Option 4 filing privileges. Each partnership agency 
will develop its own internal Option 4 acceptance standards, and each 
agency will notify the Census Bureau of the applicant's failure to meet 
that agency's acceptance standards. If the Census Bureau does not 
receive either notification of denial, or a request for extension from 
the partnership agency within thirty (30) calendar days after the date 
of referral of the Letter of Intent to the partnership agency, the 
applicant is deemed to be approved by that agency. The Census Bureau 
will provide the Option 4 applicant with an approval or denial letter. 
If a denial letter is issued, the Census Bureau will indicate the 
partnership agency that denied the application. The applicant must 
contact the denying partnership agency for the specific reason(s) for 
denial.
    (2) Grounds for denial of Option 4 filing status. The Census Bureau 
may deny an exporter's application for Option 4 filing privileges for 
any of the following reasons:
    (i) Applicant is not an established exporter, as defined in this 
chapter, with regular operations;
    (ii) Applicant has failed to submit SEDs to the Census Bureau for 
processing in a timely and accurate manner;
    (iii) Applicant has a history of noncompliance with Census Bureau 
export laws and regulations contained in this chapter;
    (iv) Applicant has been indicted, convicted, or is currently under 
investigation for a felony involving a violation of federal export laws 
or regulations and the Census Bureau has evidence of probable cause 
supporting such violation, or the applicant is in violation of Census 
Bureau laws or regulations contained in this chapter; and
    (v) Applicant has made or caused to be made in the Letter of Intent 
a false or misleading statement or omission with respect to any material 
fact.
    (3) Notice of nonselection and appeal procedures for Option 4 
filing. The Census Bureau will notify applicants in writing of the 
decision to either deny or approve the applicant for Option 4 filing 
privileges within thirty (30) days of receipt of the Letter of Intent by 
the Census Bureau, or if a decision cannot be reached at that time, the 
applicant will be notified of an expected date for a final decision as 
soon as possible

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after the thirty (30) calendar days. Applicants for Option 4 filing 
privileges denied Option 4 status by other partnership agencies must 
contact those agencies regarding the specific reason(s) for nonselection 
and for their appeal procedures. Applicants denied Option 4 status by 
the Census Bureau will be provided with a specific reason for 
nonselection and a Census Bureau point of contact in the notification 
letter. Option 4 applicants may appeal the Census Bureau's nonselection 
decision by following the appeal procedure and reapplication restriction 
provided in paragraph (b) (5) of this section.
    (4) Revocation of Option 4 filing privileges. The Census Bureau may 
revoke Option 4 filing privileges of approved Option 4 exporters for the 
following reasons:
    (i) The exporter has made or caused to be made in the Letter of 
Intent a false or misleading statement or omission with respect to 
material fact;
    (ii) The exporter submitting the Letter of Intent is indicted, 
convicted, or is currently under investigation for a felony involving a 
violation of federal export laws or regulations and the Census Bureau 
has evidence of probable cause supporting such violation, or the 
applicant is in violation of Census Bureau laws or regulations contained 
in this chapter;
    (iii) The exporter has failed to substantially comply with existing 
Census Bureau or other agency export regulations; or
    (iv) The Census Bureau determines that continued participation in 
Option 4 by an exporter would pose a significant threat to national 
security interests such that their continued participation in Option 4 
should be terminated.
    (5) Notice of revocation; appeal procedure. Approved Option 4 filers 
whose Option 4 filing privileges have been revoked by other agencies 
must contact those agencies for their specific revocation and appeal 
procedures. When the Census Bureau makes a determination to revoke an 
approved Option 4 filer's AES Option 4 filing privileges, the exporter 
will be notified in writing of the reason(s) for the decision. The 
exporter may challenge the Census Bureau's decision by filing an appeal 
within thirty (30) calendar days of receipt of the notice of decision. 
In most cases, the revocation shall become effective when the exporter 
has either exhausted all appeal proceedings, or thirty (30) calendar 
days after receipt of the notice of revocation, if no appeal is filed. 
However, in cases when required by national security interests, 
revocations will become effective immediately upon notification. Appeals 
should be addressed to the Chief, Foreign Trade Division, Bureau of the 
Census, Washington, DC 20233. The Census Bureau will issue a written 
decision to the exporter within thirty (30) calendar days from the date 
of receipt of the appeal by the Census Bureau. If a written decision is 
not issued within thirty (30) calendar days, a notice of extension will 
be forwarded within that time period. The exporter will be provided with 
the reasons for the extension of this time period and an expected date 
of decision. Approved Option 4 exporters who have had their Option 4 
filing status revoked may not reapply for this status for one year 
following written notification of the revocation. Such applications will 
not be considered before the one-year time period.