Census Issues Guidance for EEI Filings Under BIS's MEU Rule

The Census Bureau issued a guidance on Oct. 8 on the mandatory filing requirements outlined in the Bureau of Industry and Security's April rule on military-related exports (see 2006250026). Census said it received a “number” of questions on the rule, which increased due diligence requirements for certain exports to China, Russia and Venezuela and requires certain Electronic Export Information filings for some exports captured under the rule (see 2004270027).

Most questioners were confused about whether the new filing requirements capture all exports to China, Russia and Venezuela, Census said. The agency said it asked BIS for clarification. BIS said EEI filings for exports controlled by Export Control Classification Numbers are mandatory “regardless of value,” unless the shipment qualifies for License Exception GOV (Governments, International Organizations, International Inspections under Chemical Weapons Convention, and the International Space Station). BIS stressed that items designated as Export Administration Regulations 99 are not subject to the filing requirement, and an Automated Export System exemption from the Foreign Trade Regulations may apply. However, if an EEI filing is required, the exporter must report the ECCN in AES.

Census said industry should direct further questions to BIS.