U.S. Customs & Border Protection Announces AES Enforcement Guidelines

January 22, 2009 -- On February 1, 2009, U.S. Customs and Border Protection (CBP) will implement civil penalty guidelines for AES violations. 

U.S. Customs made provisions to use “Informed Compliance” for first offenses if deemed appropriate.  This means that enforcement agencies may take alternative action to the assessment of penalties, including the alternative to educate and inform the persons involved in the transaction of the applicable U.S. export laws, issuance of warning letters, or company outreach.

The penalty guidelines are divided into 4 different schemes:

1.     Failure to file the export information in AES

2.     Late filing of the export information in AES

3.     Failure to file all the necessary information or filing of incorrect information some examples include:                          

·         Failure to cite license code or number

·         Incorrect value for shipment

·         Failure to identify transaction as a routed transaction

·         Incorrect USPPI, Consignee, commodity description

4.     Failure of exporting carrier to provide certain documents/information to CPB

Penalties will be issued at the maximum of $10,000 with the ability to request mitigation.  Mitigation amounts will vary by scheme. 

Additionally, penalties may be assessed against more than one of the following culpable parties:

·         U.S. Principal Party in Interest (USPPI)

·         Foreign Principal Party in Interest (FPPI)

·         Freight Forwarders

·         Authorized Agents 

·         Exporting Carriers

In order to avoid a penalty, you must comply with the Foreign Trade Regulations 15 CFR Part 30.  The link below will take you to the penalties and mitigation details.

AES Penalties and Mitigation Details

Tropical Shipping values its close relationships we have built with our customers throughout our 46-year history. Thank you for choosing us as your carrier of choice to The Bahamas and the Caribbean. For further information, please contact your local Sales Representative or the U.S. Customer Service Team at 800-638-TROP (8767) or 561-881-3999.

Complete contact listings, including telephone and fax numbers and email address information can be found 24/7/365 on our website on the Bookings and Customer Service page – found in the Contact area of our website.