| M E M O R A N D U M | |
| TO: | Clients and Friends of the Firm |
| FROM: | Neville Peterson LLP |
| RE: | Customs Proposes Additional Advance Notification Requirements for Imports and Exports |
As required by Section 343(a) of the Trade Act of 2002, as amended by the Maritime Transportation Security Act of 2002, the Department of Homeland Security, Bureau of Customs and Border Protection ("Customs") has issued proposed regulations requiring the advance reporting of commercial cargoes prior to their arrival in the United States and prior to their departure from the United States, by all modes of transport.
In addition to reiterating the existing "24 hour rule" for advance filing of cargo declarations for goods entering the United States by sea, the proposed regulations will establish advance reporting requirements for import cargoes arriving by air, rail and truck. In addition, the proposed regulations require the advance reporting, through submission of electronic Automated Export System (AES) records, of goods departing the United States by all modes of transportation.
By law, Customs is required to publish final regulations establishing these advance reporting requirements no later than October 1, 2003. Customs' proposed reporting requirements would become effective 90 days after the issuance of final regulations, i.e., on or before January 1, 2004.
Parties wishing to comment on the proposed notice requirements must do so no later than August 22, 2002. Because of the strict statutory deadlines which the Secretary is required to meet, there is no reasonable likelihood that this comment period will be extended.
To assist clients and friends of the firm in understanding the proposed advance reporting requirements, and in developing and submitting comments concerning them, Neville Peterson LLP has prepared a comprehensive Guide to the proposed regulations. The Guide, in the form of a WordPerfect file, can be downloaded here. To obtain hard copies of this document, please contact any Neville Peterson LLP office at (212) 635-2730 or (202) 861-2959.
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