Gateway Supply Inc. is committed to meeting all legal requirements to document export shipments from the United States in a timely manner and in accordance with US export laws. Further we are also committed and obliged to provide ocean carriers and airlines with proper and timely information they require before departure in order to manifest the shipments.

The Foreign Trade Statistics Regulations ("FTSR"), which are found at 15 C.F.R., Part 30 (see below links), set out the general requirements to file export information with Customs and Census. Importantly, there are FTSR changes coming into effect soon that will provide for significant increases in penalties for late filing, failure to file, and false filing. Civil penalties will increase from $100 per day to $1,000 per day, with a maximum of $10,000 per violation. In addition, the civil penalty provision provide that property involved in a violation will be subject to forfeiture. The proposed revision provides for criminal penalties of up to $10,000 per violation and up to 5 years in jail.

In addition to the proposed increases in penalties, enforcement capacity is also planned to increase. Under the anticipated rule, both the Bureau of Industry and Security's Office of Export Enforcement ("OEE") in the Department of Commerce and Customs and Border Protection Office of Immigration and Customs Enforcement ("ICE") in the Department of Homeland Security will be authorized to investigate and enforce the reporting requirements in the FTSR. One important consideration for exporters or forwarders acting on their behalf is that with the additional resources of OEE and ICE, there will be significantly more opportunities for the government to enforce its export reporting requirements irrespective of the means of filing. Thus, exporting companies would be well-advised to review their existing export reporting compliance, in advance of the upcoming regulatory changes, to ensure compliance with the FTSR. Furthermore common carriers are increasingly enforcing existing laws that prohibit loading of undocumented cargo resulting in severe fines, penalties, and possible port demurrage and container detention charges (in cases of container shipments.)

Documentary Requirements

If you are an FMC licensed transportation intermediary, please submit complete bill of lading instructions to include the AES exemption clause. To assist you we have posted in this section a blank ocean bill of lading template.

As an U.S. Principal Party in Interest (USPPI), please refer to the AES section on our homepage. To familiarize you with the necessary shipping documents associated with export, we have posted the following templates:

Certificate of Origin
Commercial Invoice
Packing List
Shipper’s Letter of Instruction
Ocean Bill of Lading

We thank you in advance for helping us meet all legal and commercial export requirements.

Sources:
http://www.census.gov/foreign-trade/regulations/fedregnotices/
http://www.steptoe.com/publications-2999.html