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Census Revokes AES Filing Privileges For 60 Days for Several Companies Due to Unresolved Fatal Errors

In its April 2005 AES Newsletter, the Bureau of Census (Census) states that over the past month, several companies have had their AES filing privileges revoked because of unresolved fatal errors.

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According to Census sources, these companies had their AES filing privileges revoked for 60 days after Census made numerous attempts to work with the companies to resolve the problems. Sources note that in 2005, Census began, for the first time, to deactivate the AES filing privileges of companies because of unresolved errors. According to sources, due to the upcoming implementation of mandatory AES, Census has intensified its efforts to reduce the problems from unresolved fatal errors.

(Under 15 CFR 30.64, AES filers are required to correct export transactions receiving fatal errors prior to exportation of the merchandise or prior to the tenth day after exportation if the U.S. Principal Party in Interest (USPPI) is approved for post-departure (Option 4) filing.

An AES export transaction receiving a fatal error is rejected by AES and no Internal Transaction Number (ITN) is generated back to the filer. Without the ITN, the transaction has not been accepted, and the pre-departure filer has not met its reporting requirement. Census notes that it is the filer's responsibility to ensure that all AES transactions filed receive an ITN.

Census' AES Branch sends out bi-weekly reports to filers that have not been successful in meeting this requirement. The report provides a list of Shipment Reference Numbers and the corresponding fatal condition(s) for each of the numbers.)

Census urges filers not to ignore fatal error reports and notes that if a company continues to be non-compliant with 15 CFR 30.64 after repeated warnings, it may be subject to fines, seizures, and/or penalties or revocation of its AES filing privileges for a period of 60 days.

Census Guidance on Handling Fatal Errors

Census also provides the following guidance on handling fatal errors in its April 2005 AES Newsletter:

Retrieve the transaction using the shipment reference number listed on the report. Fix the problem that is causing the fatal error. Resubmit the transaction again under the same shipment reference number as if you are sending it for the very first time. Wait to receive the ITN from AES assuring that at the transaction was accepted.

If the ITN has already been received for the shipment reference number listed on the report, the transaction should not be retransmitted again unless there are further corrections. Duplicating a shipment reference number within a five year period will produce additional fatal errors.

Additional information on how to resolve fatal errors is available at www.census.gov/foreign-trade/redirects/aestir-appendix-a.html or by contacting Census by email at ftd.aes.fatal.reports@census.gov or by phone at 1-800-549-0595.

Census' April 2005 AES Newsletter available at http://www.census.gov/foreign-trade/aes/aesnewsletter042005.pdf.