[Code of Federal Regulations]
[Title 19, Volume 2]
[Revised as of April 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 19CFR192.12]

[Page 636]
 
                        TITLE 19--CUSTOMS DUTIES
 
  CHAPTER I--UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
 
PART 192--EXPORT CONTROL--Table of Contents
 
  Subpart B--Filing of Export Information Through the Automated Export 
                              System (AES)
 
Sec. 192.12  Criteria for denial of applications requesting AES post-departure (Option 4) filing status; appeal procedures.

    (a) Approval process. Applications for the option of filing export 
commodity information electronically through AES after the vessel has 
departed (Option 4 filing status) must be unanimously approved by 
Customs, Census and other participating government agencies. Disapproval 
by one of the participating agencies will cause rejection of the 
application.
    (b) Grounds for denial. Customs may deny a participant's application 
for any of the following reasons:
    (1) The applicant is not an exporter, as defined in the Census 
Regulations (15 CFR 30.7(d));
    (2) The applicant has a history of non-compliance with export 
regulations (e.g., exporter has a history of late electronic submission 
of commodity records or a record of non-submission of required export 
documentation);
    (3) The applicant has been indicted, convicted, or is currently 
under an investigation, wherein Customs has developed probable cause, 
for a felony involving any Customs law or any export law administered by 
another government agency; or
    (4) The 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.
    (c) Notice of denial; appeal procedures. Applicants will be notified 
of approval or denial in writing by Census. (Applicants whose 
applications are denied by other agencies must contact those agencies 
for their specific appeal procedures.) Applicants whose applications are 
denied by Customs will be provided with the specific reason(s) for non-
selection. Applicants may challenge Customs decision by following the 
appeal procedure provided at Sec. 192.13(b).