When you export, are you filing the correct electronic export information (EEI) with the U.S. Government? Most aircraft part export transactions will require that EEI be filed.
You are required to file an EEI for an export from the United States if any of the following apply:
- Shipment of a single item or merchandise valued at more than $2,500 (Shipments to Canada are exempt from this requirement) (15 C.F.R. § 758.1(b)(5));
- Any export that requires a license (15 C.F.R. § 758.1(b)(2));
- Any export destined for a category E:1 or E:2 nation, like Cuba, Iran, North Korea or Syria (15 C.F.R. § 758.1(b)(1));
- Exports of 9×515 or “600 series” items, including exports to Australia, Canada, and the United Kingdom (15 C.F.R. § 758.1(b)(3));
- Exports under license exception Strategic Trade Authorization (STA) (15 C.F.R. § 758.1(b)(4));
- If you are shipping to somewhere that does not normally require EEI, but it is transiting that location to a destination that normally requires EEI, then you must file the EEI (15 C.F.R. § 758.1(b)(6));
- Exports under authorization Validated End-User (VEU) (15 C.F.R. § 758.1(b)(7));
- Exports to someone on the Unverified List (supplement no. 6 to part 744 of the EAR) (15 C.F.R. § 758.1(b)(8));
- Many exports of shotguns or other weapons (15 C.F.R. § 758.1(b)(9));
- Exports to the People’s Republic of China, Russia, or Venezuela (15 C.F.R. § 758.1(b)(10))
This list assumes that you are shipping aircraft parts that are controlled under the Export Administration Regulations and are listed under one of the CCL categories (that is, the part has an ECCN).
You can find more information on how and where to file EEI on the International Trade Administration’s website.
Some of the more common exceptions to filing EEI are (this is not a complete list):
- When the value of the export (classified under each Schedule B number) is $2,500 or less and mandatory EEI filing is not required;
- Exporting under any of these license exceptions: BAG, GFT, GOV, TSR, TMP;
- Exports for a U.S. airlines’ own use under AVS;
- Certain exports going to Canada.
If you are relying on one of these exemptions to NOT file EEI, then you must add a statement to the first page of the bill of lading, air waybill, or other commercial loading document, and on the carrier’s outbound manifest. The statement must begin with “NOEEI” and describe the basis for the exemption by referencing the section number of the exemption. For example, you might use “NOEEI 30.37(a)” for shipments when the value of each individual Schedule B number is $2,500 or less; and “NOEEI 30.36” for qualifying shipments to Canada. This statement would be offered in lieu of the normal annotation with the International Transaction Number (ITN) that would have been issued by AES if you had filed EEI.
As always, you can use these articles as a first step in your compliance analysis, but you should carefully read the rules to make sure you are in full compliance.