[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2002]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR732.5]

[Page 211-212]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF EXPORT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 732--STEPS FOR USING THE EAR--Table of Contents
 
Sec. 732.5  Steps regarding Shipper's Export Declaration, Destination Control Statements, and recordkeeping.

    (a) Step 27: Shipper's Export Declaration (SED) or Automated Export 
System

[[Page 212]]

(AES) record. Exporters or agents authorized to complete the Shipper's 
Export Declaration (SED), or to file SED information electronically 
using the Automated Export System (AES), should review Sec. 758.1 of the 
EAR to determine when an SED is required and what export control 
information should be entered on the SED or AES record. More detailed 
information about how to complete an SED or file the SED information 
electronically using AES may be found in the Bureau of Census Foreign 
Trade Statistics Regulations (FTSR) at 15 CFR part 30. Reexporters and 
firms exporting from abroad may skip Steps 27 through 29 and proceed 
directly to Sec. 732.6.
    (1) Entering license authority. You must enter the correct license 
authority for your export on the SED or AES record (License number, 
License Exception symbol, or No License Required designator ``NLR'') as 
appropriate. See Sec. 758.1(g) of the EAR and 15 CFR 30.7(m) of the 
FTSR.
    (i) License number and expiration date. If you are exporting under 
the authority of a license, you must enter the license number on the SED 
or AES record. The expiration date must be entered on paper versions of 
the SED only.
    (ii) License Exception. If you are exporting under the authority of 
a License Exception, you must enter the correct License Exception symbol 
(e.g., LVS, GBS, CIV) on the SED or AES record. See Sec. 740.1 and 
Sec. 740.2 of the EAR.
    (iii) NLR. If you are exporting items for which no license is 
required, you must enter the designator NLR. You should use the NLR 
designator in two circumstances: first, when the items to be exported 
are subject to the EAR but not listed on the Commerce Control List (CCL) 
(i.e., items that are classified as EAR99), and second, when the items 
to be exported are listed on the CCL but do not require a license. Use 
of the NLR designator is also a representation that no license is 
required under any of the General Prohibitions set forth in part 736 of 
the EAR.
    (2) Item description. You must enter an item description identical 
to the item description on the license when a license is required, or 
enter an item description sufficient in detail to permit review by the 
U.S. Government and verification of the Schedule B Number (or Harmonized 
Tariff Schedule number) for License Exception shipments or shipments for 
which No License is Required (NLR). See Sec. 758.1(g) of the EAR; and 15 
CFR 30.7(l) of the FTSR.
    (3) Entering the ECCN. You must enter the correct Export Control 
Classification Number (ECCN) on the SED or AES record for all licensed 
and License Exception shipments, and ``No License Required'' (NLR) 
shipments of items having a reason for control other than anti-terrorism 
(AT). The only exception to this requirement would be the return of 
unwanted foreign origin items, meeting the provisions of License 
Exception TMP, under Sec. 740.9(b)(3). See Sec. 758.1(g) of the EAR.
    (b) Step 28: Destination Control Statement. The Destination Control 
Statement (DCS) must be entered on the invoice and on the bill of 
lading, air waybill, or other export control document that accompanies 
the shipment from its point of origin in the United States to the 
ultimate consignee or end-user abroad. The person responsible for 
preparation of those documents is responsible for entry of the DCS. The 
DCS is required for all exports from the United States of items on the 
Commerce Control List and is not required for items classified as EAR99, 
unless the export may be made under License Exception BAG or GFT (see 
part 740 of the EAR). Reexporters should review Sec. 752.15 of the EAR 
for DCS requirements when using a Special Comprehensive License; 
otherwise, DCS requirements do not apply to reexports. See Sec. 758.6 of 
the EAR.
    (c) Step 29: Recordkeeping. Records of transactions subject to the 
EAR must be maintained for five years in accordance with the 
recordkeeping provisions of part 762 of the EAR.

[65 FR 42568, July 10, 2000]