CBP Publishes Increased AES Penalty Guidance

On January 2, 2009, CBP published increased AES penalty guidelines effective February 1, 2009, for enforcing recent Census Bureau rules requiring exporters and forwarders to electronically file export declarations before cargo is loaded for transport.  

The regulation requiring use of AES of the web-based AESDirect went into effect on July 2, 2008, enforcement began on September 30, 2008, but penalty assessment was postponed. The new rules increase the maximum fine for failure to file, for late or incomplete filing or for submitting false information to $10,000 per violation.  

CBP stated that first time violators are likely to receive a warning or informational letter reminding the company of the new rules. Penalty ranges can be lower based on mitigating factors such as, inter alia, self-disclosure.