Export Control Bill Seeks to Improve AES, Tighten Enforcement

(World Trade Interactive)

Rep. Brad Sherman, D-Calif., introduced recently the Export Control Improvements Act (H.R. 3515), a bill similar to but different in some key aspects from similar legislation introduced in 2008.

H.R. 3515 incorporates several provisions relating to the electronic filing of export data via the Automated Export System.

• The Department of Commerce may establish a registration program for agents to file information in AES on behalf of the U.S. principal party in interest or the foreign PPI. This program could include requiring individuals, corporations, associations or partnerships to obtain authorization to file.

• AES would alert filers to export license requirements based on data elements they enter and issue notices, compliance alerts and other warnings if a given transaction may not comply with export control laws or regulations. AES would not, however, prohibit potentially violative transactions from proceeding.

• AES would be modernized so as to (i) enable the classification of exported products, (ii) ensure that changes in export control laws and regulations are reflected in AES immediately upon implementation, (iii) make the various restricted parties lists available in a standardized format, and (iv) retain records of user actions while filing export data.

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