Compliance and Confidentiality: Acquiring your Export Data

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By: Shannon Barley

Exporting companies can contact the Census Bureau to request their Electronic Export Information (EEI) at any time. Have you ever wondered if your EEI is protected from the eyes of others? We are here to help you gain access to your EEI, while keeping unauthorized parties from getting the EEI.

We will provide 12 months of data free of charge every 365 days. If you have a need for more than 12 months within the 365 days, you then submit a payment of $125 per extra month of data. If your company has more than one EIN associated with it, simply provide the list and the names associated with the company to our staff and we will work our magic.

Once we receive your request letter (Sample Data Request Letter link) and a Certification of Authority (Sample Certification of Authority link), our staff will gather all your EEI and compile it in an Excel file.

Within this Excel file there are up to three different types of data you will see depending on how your company has filed the EEI. If you are the USPPI you will receive all data filed for non-routed transactions, and routed transactions where you were the filer. However, you will only receive 12 data elements for routed transactions filed by an agent. The reason for this is that when there is a routed transaction where an agent files the EEI on the behalf of the FPPI, you as the USPPI are only entitled to receive the data elements that you provided to the agent.

The Census Bureau collects export information under the authority of Title 13, United States Code (U.S.C.), through the AES. By statute, all AES information is exempt from public disclosure under U.S.C., Title 13, Chapter 9, Section 301(g). The statutory responsibility to protect information contained in the AES is implemented in the FTR, Title 15, Code of Federal Regulations (CFR) Part 30.60. The EEI that Census collects is confidential and to be used solely for official purposes as authorized by the Secretary of Commerce. Remember, we are here to help you gain access to your EEI and keep unauthorized parties from getting the EEI.

If you have any further questions or concerns or you would like to submit a Data Request, please feel free to contact us at 1-800-549-0595 option 3.

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14 Responses to Compliance and Confidentiality: Acquiring your Export Data

  1. David Abbbott says:

    As the compliance manager for a UK based company with a US facility, is it possible for me to request the data from the UK in order to carry out due diligence on our activities in the USA ?

    • Thelma Willis says:

      Please clarify, are you in the U.S. or the UK, and what information will be requested, and how do you intend to use that information?

      It is my understanding that if your company is given information you are allowed to share that information only with indivituals within your company, if needed. Your company is not allowed to share that information with anyone outside your company. If we’re given letter’s of instruction from a USPPI, we do not share that information with anyone outside our company. That is only between our company and the USPPI. If it is a routed transaction, we only share information with the USPPI, that they themselves supplied to us for the EEI. I hope I said this a little clearer this time.

  2. Thelma Willis says:

    I believe, since you are the same company, you are allowed to see information inside your company. However, it cannot be shared outside your company, except with person(s) that it pertains to or supplied you the information to start with.

  3. Global Reach Shannon says:

    @ David- In regards to the comment regarding the UK, Title 15, CFR 30.60(c)(4), states that the U.S. Government, the U.S. Exporter or its agent are prohibited from disclosing AES information to a foreign government.

    The Census Bureau is therefore prohibited from releasing this confidential information to a business in the United Kingdom, as the release of any data would be in violation of U.S. law. However the U.S. subsidiaries of foreign companies can request their AES export data, under their own EIN (Employer Identification Number), to conduct an internal audit. See http://www.census.gov/foreign-trade/regulations/datarequest2.html for more information.

  4. David Abbott says:

    So although I am ultimately responsible for the compliance at our US facility, being a UK person and based in the UK I am not able to see it ? Or am I just not able to request the information but can view it id our US facility submits the request ?

    The information will purely be used internally to ensure that our data is being filed correctly.

    • Global Reach Daniel says:

      @ David… Per section 30.60 of the Foreign Trade Regulations, Electronic Export Information (EEI) shall not be disclosed to anyone by any officer, employee, contractor, agent of the federal government or other parties with access to the EEI other than to the United States Principal Party in Interest (USPPI), or the authorized agent of the USPPI or the transporting carrier. Since you are in the United Kingdom you will not be able to request information directly. However, the request can be made by your U.S. company.

  5. Thelma Willis says:

    I believe what David is asking, correct me if I’m wrong David, is, can their company in the U.S. share this infromation with him in the UK? (same company different countries), and as long as the same U.S. regulations are being followed.

  6. David Abbbott says:

    Thelma – that is what I am aiming for at the present time, ensuring that our guys in the US and our freight forwarders/brokers are doing what they should be doing.

    • Thelma Willis says:

      I work in the U.S. and monitor our Project Group’s AES/EEI filings for our office among multiple other duties. It’s not an easy job and I can’t even imagine trying to monitor U.S. activities from another country. In the U.S. it requires me to interact at a desk level. Good luck…

  7. Global Reach Shannon says:

    @Thelma…The question regarding how to follow U.S. Regulations, I would recommend still following the guidance from answers provided by Daniel and I in regards to the FTR Section 30.60 about confidentiality of EEI. Many scenarios require a more in depth interpretation of the FTR to ensure that these case by case situations can be addressed in the most effective manner. In scenarios such as this, we recommend calling our Call Center for further guidance, at 1-800-549-0595 option 3.

    • Thelma Willis says:

      You are correct, in that, many senarios do require more indepth interpretation of the FTR and I am for leaving it in your’s and Daniel’s capable hands. I’ve only been working with the interpretations of the FTR for about two years, (if you don’t count my 40 years in the logistic’s business), and with the guidance of our company’s Director of Compliance and U.S. Census. I do appreciate your comments.

  8. Dan says:

    Can you subscribe to the data in any way. I am trying to come up with an efficient method to document exports under medical device excise tax rules.

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