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01-26-2011 - AES: Proposed FTR Changes to Filing Requirement

A proposed rule published in the Federal Register on January 21, 2011 includes substantive changes to the Foreign Trade Regulations (FTR, 15 CFR, part 30). Perhaps the most noticeable proposed changes impact the post-departure filing process currently utilized by numerous approved exporters. A few of the major proposed changes include:

Exporters that are currently approved for post-departure reporting privileges must reapply, no exceptions granted.

  • Less time to report exports. The proposed changes reduce the window available for exporters to report post-departure information from 10 calendar days from the date of departure to 5 days.  
  • Post-departure filing will be limited to a list of approved commodities, primarily agriculture and bulk commodities. Exported commodities that are not included on the approved list will no longer be eligible for post-departure filing.
  • Only U.S. Principal Parties in Interest (USPPI) will be granted the privilege to report post-departure; authorized agents will not be allowed to apply for post-departure filing status on behalf of a USPPI.
  • A USPPI will be required to meet revised post-departure criteria (i.e., have a clean reporting history, established compliance, export approved products, etc.). These criteria will be available on a new post-departure filing application (PFA), which is still under development.

The full text of the Federal Register publication may be found at:


The vast majority of export trade is legitimate business in which no risk to national security exists (exports of regulated products, countries, etc. must already abide by various pre-departure approval and reporting requirements). It is believed by many in the trade that imposing such stringent standards on exporters may contradict the National Export Initiative and pose an undue hardship on exporters.

Several steps are required before the proposed changes are enacted. First is the opportunity for the trade community to comment on the proposed changes. We encourage exporters to do so and please direct your comments to:

Associate Director for Economic Programs
U.S. Census Bureau,
Room 8H132, Washington, DC 20233

Or via the web-site (identified by RIN number 0607-AA50) to the Federal e-Rulemaking Portal:

Remember that all comments received are a part of the public record. All Personal Identifying Information (for example, name, address) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. The Census Bureau will accept anonymous comments (enter N/A in the required fields, if you wish to remain anonymous).

In the event additional information is required please do not hesitate to contact your client representative at Geo. S. Bush & Co., Inc. or please call (503) 228-6501, and/or email: