[Code of Federal Regulations]

[Title 19, Volume 2]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 19CFR192.12]



[Page 637]

 

                        TITLE 19--CUSTOMS DUTIES

 

   CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF 

        HOMELAND SECURITY; DEPARTMENT OF THE TREASURY (CONTINUED)

 

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).