Census Bureau Requests Public Comments Regarding Routed Export Transactions

Date: 10/08/2017

The Census Bureau stated that it is seeking comments on the clarity, usability, and any other information related to routed export matters. The ANPRM specifically lists ten suggested questions to consider: opinions on the clarity of definitions of a routed export; should the Bureau modify the list of data elements in 15 CFR §30.3(e)(1) and (e)(2); do the Foreign Trade Regulations (“FTR”) clearly communicate carrier’s responsibilities in routed transactions; what data elements under the Automated Export System (“AES”) filing should be assigned to which party, the United States Party in Interest (“USPPI”) or U.S authorized agent; and general questions on how the Census Bureau can clarify the rules and responsibilities of routed export transactions.

This ANPRM is a striking reminder of a proposed rule that the Bureau of Industry and Security (“BIS”) published in 2014.[1] Under the BIS proposed rule, BIS asked for public comments to help clarify the parties’ responsibilities under the Export Administration Regulation (“EAR”) in a routed export transaction. BIS’s goal for the proposed rule was to resolve the perceived differences with the Census Bureau’s definition of routed export transactions, decrease exporter confusion when determining whether to classify a transaction as a routed export transaction, and to clarify what the respective rights and responsibilities of each party are under the EAR. BIS published the proposed rule for public comments on February 6, 2014, but the rule is still in the “proposed rule stage.” Hopefully BIS will publish the final rule soon, and along with the Census Bureau’s new rule, there should be a better understanding of the rules and responsibilities surrounding routed export transactions. 

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[1] Department of Commerce, Bureau of Industry and Security, Agenda View Rule “Clarification of the Definition of a Routed Export Transaction,” (lasted visited Oct. 6, 2017),