[Code of Federal Regulations]
[Title 15, Volume 2]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 15CFR758.1]

[Page 442-444]
 
                  TITLE 15--COMMERCE AND FOREIGN TRADE
 
  CHAPTER VII--BUREAU OF INDUSTRY AND SECURITY, DEPARTMENT OF COMMERCE
 
PART 758_EXPORT CLEARANCE REQUIREMENTS--Table of Contents
 
Sec.  758.1  The Shipper's Export Declaration (SED) or Automated Export 
System (AES) record.

    (a) The Shipper's Export Declaration (SED) or Automated Export 
System (AES) record. The SED (Form 7525-V, Form 7525-V-Alt, or Automated 
Export System record) is used by the Bureau of Census to collect trade 
statistics and by the Bureau of Industry and Security for export control 
purposes. The SED or AES record collects basic information such as the 
names and addresses of the parties to a transaction; the Export Control 
Classification Number (ECCN) (when required), the Schedule B number or 
Harmonized Tariff Schedule number, the description, quantity and value 
of the items exported; and the license authority for the export. The SED 
or the AES electronic equivalent is a statement to the United States 
Government that the transaction occurred as described.
    (b) When an SED or AES record is required. Except when the export of 
items subject to the EAR is to take place electronically or in an 
otherwise intangible form, you must file an SED or AES record with the 
United States Government for items subject to the EAR, including exports 
by U.S. mail, in the following situations:
    (1) For all exports of items subject to the EAR that are destined to 
Cuba, Iran, Iraq, Libya, North Korea, Sudan, or Syria, regardless of 
value (see 15 CFR 30.55);
    (2) For all exports subject to the EAR that require a license 
regardless of value, or destination;
    (3) For all exports of commodities and mass market software subject 
to the EAR when the value of the commodities or mass market software 
classified under a single Schedule B Number (or Harmonized Tariff 
Schedule number) is over $2,500, except as exempted by the Foreign Trade 
Statistics Regulations (FTSR) in 15 CFR part 30 and referenced in 
paragraph (c) of this section; or
    (4) For all exports of items subject to the EAR that will be 
transshipped through Canada to a third destination, where the export 
would require an SED or AES record or license if shipped directly to the 
final destination from the United States (see 15 CFR 30.58(c) of the 
FTSR).

    Note to paragraph (b):
    In addition to the Shipper's Export Declaration for exports, the 
Bureau of Census Foreign Trade Statistics Regulations provide for a 
specific Shipper's Export Declaration for In-Transit Goods (Form 7513). 
See 15 CFR 30.3 and 30.8 of the FTSR.

    (c) Exemptions. A complete list of exemptions from the SED or AES 
filing requirement is set forth in the FTSR. Some of these FTSR 
exemptions have elements in common with certain EAR License Exceptions. 
An FTSR exemption may be narrower than a License Exception. The 
following references are provided in order to direct you to the FTSR 
exemptions that relate to EAR License Exceptions:
    (1) License Exception Baggage (BAG), as set forth in Sec.  740.14 of 
the EAR. See 15 CFR 30.56 of the FTSR;
    (2) License Exception Gift Parcels and Humanitarian Donations (GFT), 
as set forth in Sec.  740.12 of the EAR. See 15 CFR 30.55(g) of the 
FTSR;
    (3) License Exception Aircraft and Vessels (AVS), as set forth in 
Sec.  740.15 of the EAR. See 15 CFR 30.55(l) of the FTSR;
    (4) License Exception Governments and International Organizations 
(GOV), as set forth in Sec.  740.11 of the EAR. See 15 CFR 30.53 of the 
FTSR;
    (5) License Exception Technology and Software Under Restriction 
(TSR), as set forth in Sec.  740.6 of the EAR. See 15 CFR 30.55(n) of 
the FTSR; or
    (6) License Exception Temporary Imports, Exports, and Reexports 
(TMP) ``tools of trade'', as set forth in Sec.  740.9(a)(2)(i) of the 
EAR. See 15 CFR 30.56(b) of the FTSR.
    (d) Notation on export documents for exports exempt from SED or AES 
record

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requirements. When an exemption from filing the Shipper's Export 
Declaration or Automated Export System record applies, the export 
authority (License Exception or NLR) of all the items must be entered on 
the loading document (e.g., Cargo Declaration, manifest, bill of lading, 
(master) air waybill) by the person responsible for preparing the 
document. This requirement is intended to parallel the Bureau of Census 
requirement, so that notations as to the basis for the SED exemption and 
the license authority are entered in the same place and manner (see 15 
CFR 30.21 of the FTSR for detailed requirements). The loading document 
must be available for inspection by government officials, along with the 
items, prior to lading on the carrier.
    (e) Signing the Shipper's Export Declaration or transmitting data 
via AES. The person who signs the SED must be in the United States at 
the time of signing. The person who transmits data via AES must be a 
certified AES participant in accordance with 15 CFR 30.60 of the FTSR. 
The person who signs the SED or transmits data via AES, 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.
    (f) The SED or AES record is an export control document. The SED or 
AES record is a statement to the U.S. Government. The SED or AES record 
is an export control document as defined in part 772 of the EAR. False 
statements made thereon may be a violation of Sec.  764.2(g) of the EAR. 
When an SED or AES record is presented to the U.S. Government, the 
signer or filer of the SED or AES record represents the following:
    (1) Export of the items described on the SED or AES record is 
authorized under the terms and conditions of a license issued by BIS; is 
in accordance with the terms and conditions of a License Exception; is 
authorized under ``NLR'' as no license is required for the shipment; or 
is not subject to the EAR;
    (2) Statements on the SED or AES record are in conformity with the 
contents of any license issued by BIS, with the possible exception of 
the exporter block in routed transactions; and
    (3) All information shown on the SED or AES record is true, 
accurate, and complete.
    (g) Export control information on the SED or AES record. For each 
item on the SED or AES record, you must show the license authority 
(License number, License Exception, or No License Required (NLR)), the 
Export Control Classification Number (ECCN) (when required), and the 
item description in the designated blocks. The item description must be 
stated in Commerce Control List terms. If those terms are inadequate to 
meet Census Bureau requirements, the FTSR requires that you give enough 
additional detail to permit verification of the Schedule B Number (or 
Harmonized Tariff Schedule number). The FTSR also requires separate 
descriptions of items for each Schedule B classification (or Harmonized 
Tariff Schedule number). See 15 CFR 30.6 (separate SED or AES records), 
Sec.  30.7(l) (description of items) and Sec.  30.9 (separation of items 
on the SED) of the FTSR.
    (1) Exports under a license. When exporting under the authority of a 
license, you must enter on the SED or AES record the license number and 
expiration date (the expiration date is only required on paper versions 
of the SED), the ECCN, and an item description identical to the item 
description on the license.
    (2) Exports under a License Exception. You must enter on any 
required SED or AES record the ECCN and the correct License Exception 
symbol (e.g., LVS, GBS, CIV) for the License Exception(s) under which 
you are exporting. Items temporarily in the United States meeting the 
provisions of License Exception TMP, under Sec.  740.9(b)(3), are 
excepted from this requirement. See also Sec.  740.1(d) of the EAR.
    (3) No License Required (NLR) exports. You must enter on any 
required SED or AES record the ``NLR'' designation when the items to be 
exported are subject to the EAR but not listed on the Commerce Control 
List (i.e., items are classified as EAR99), and when the items to be 
exported are listed on the

[[Page 444]]

CCL but do not require a license. In addition, you must enter the 
correct ECCN on any required SED or AES record for all items being 
exported under the NLR provisions that have a reason for control other 
than anti-terrorism (AT). The designator ``TSPA'' may be used, but is 
not required, when the export consists of technology or software outside 
the scope of the EAR. See Sec.  734.7 through Sec.  734.11 of the EAR 
for TSPA information.
    (h) Power of attorney or other written authorization. In a ``power 
of attorney'' or other written authorization, authority is conferred 
upon an agent to perform certain specified acts or kinds of acts on 
behalf of a principal.
    (1) An agent must obtain a power of attorney or other written 
authorization in the following circumstances:
    (i) An agent that represents a foreign principal party in interest 
in a routed transaction must obtain a power of attorney or other written 
authorization that sets forth his authority; and
    (ii) An agent that applies for a license on behalf of a principal 
party in interest must obtain a power of attorney or other written 
authorization that sets forth the agent's authority to apply for the 
license on behalf of the principal.

    Note to paragraph (h)(1):
    The Bureau of Census Foreign Trade Statistics Regulations impose 
additional requirements for a power of attorney or other written 
authorization. See 15 CFR 30.4(e) of the FTSR.

    (2) This requirement for a power of attorney or other written 
authorization is a legal requirement aimed at ensuring that the parties 
to a transaction negotiate and understand their responsibilities. The 
absence of a power of attorney or other written authorization does not 
prevent BIS from using other evidence to establish the existence of an 
agency relationship for purposes of imposing liability.
    (i) Submission of the SED or AES record. The SED or AES record must 
be submitted to the U.S. Government in the manner prescribed by the 
Bureau of Census Foreign Trade Statistics Regulations (15 CFR part 30).

[65 FR 42570, July 10, 2000, as amended at 67 FR 70546, Nov. 25, 2002; 
68 FR 50473, Aug. 21, 2003]