Tag Archives: SED

ILN Today Post

Late EEI Filing: Is It Too Late To Mitigate?

In 2009, the U.S. Customs and Border Protection (“CBP”) published guidelines that govern the enforcement and mitigation of civil penalties for companies and other entities that fail to comply with the Foreign Trade Regulations (“FTR”) in 15 C.F.R. § 30.[1] These regulations require exporters to file Electronic Export Information (“EEI”), which is the electronic equivalent of the former Shipper’s Export Declaration (“SED”), and is filed through the Automated Export System or AESDirect (“AES”).[2]

While Section 30 includes a list of violations that trigger civil penalties, it also lists mitigating factors for violations. According to the guidelines, proving that the “violation was an isolated occurrence,” submitting a voluntary self-disclosure (“VSD”), or offering evidence that the violating party has a compliance program in place may lessen penalties for exporters that take initiative and proactively remedy potential violations.[3]

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