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[Software Vendor Terms and Conditions]
TERMS AND CONDITIONS
PLEASE READ THIS BEFORE REGISTERING WITH THE aesdirect.gov SITE. BY REGISTERING WITH THE CENSUS BUREAU, FOREIGN TRADE DIVISION'S aesdirect.gov SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT USE THE aesdirect.gov SITE TO FILE ELECTRONIC EXPORT INFORMATION.
- All U.S. Principal Parties in Interest (USPPIs), forwarding agents, carriers or consolidators, etc. using aesdirect.gov to report electronic export information in accordance with 15CFR parts 30.1 through 30.99 must properly register with this site.
- By submitting a registration to aesdirect.gov, you are hereby certifying that as the registering company, you are and will continue to be in compliance with all applicable laws and regulations. This includes complying with the following security requirements:
- Usernames and Passwords are to be kept secure and never be disclosed to any unauthorized user or any persons outside of the registered company.
- Registered companies are to take responsibility for those persons having access to a Username, and Password. If a User forgets their Username or Password, they will need to contact their Account Administrator and/or User Managers to ask them to reset their password for them in Account Maintenance. If Users do not know who their Account Administrator or User Managers are they will need to contact Customer Support at 877-715-4433. If an employee with a username and password leaves the company or otherwise is no longer an authorized user, the Account Administrator must immediately disable their account in order to ensure the integrity and confidentiality of Title 13 data. Any violation of these security regulations will result in immediate loss of privilege to use AESDirect for a period of up to one (1) year.
- Antivirus software must be installed and set to run automatically on all computers used to access AESDirect. All AESDirect registered companies will maintain subscriptions with their antivirus software vendor to keep antivirus lists current. Registered companies are responsible for performing full scans of these systems on a regular basis and eliminating any virus contamination. If the registered company is unable to disinfect the system for any reason, that system is not to be utilized for AESDirect access until it is virus free. Please contact the antivirus software vendor for instruction. Should a virus be instituted into the AESDirect by a registered company, that company will be contacted immediately by Census. The company's AESDirect account will be suspended until such time the company can prove their systems used to access AESDirect are virus free, and the AESDirect is analyzed by AESDirect systems administrators and Census security personnel to determine the extent of any related damage.
- Use of aesdirect.gov is for predeparture and postdeparture export reporting. Predeparture Filing requires that all information be reported prior to tendering the cargo to the exporting carrier. The Postdeparture Filing Program allows companies reporting their Electronic Export Information through AES, to transmit their EEI within 10 calendar days after the date of export. Only USPPIs (exporters, manufacturers, etc) can be authorized for postdeparture reporting. However, authorized agents may transmit postdeparture shipments on behalf of approved postdeparture USPPIs.
- Prior to reporting "live" electronic export information through aesdirect.gov, you must successfully pass the online certification quiz.
- Once reporting "live" electronic export information through aesdirect.gov, you must maintain a 95 percent error-free rate. This includes reporting the information on a timely basis.
- As a condition to reporting electronic export information to aesdirect.gov via batch-mode, users must ensure to their Census Representative that all mandatory edits are built into the company software. This application requires all batch transmissions in ANSI X12, set 601 or Customs Proprietary format. For additional information on these mandatory edits, please consult your Census Representative.
- Limits on reporting through aesdirect.gov: No more than 100 lines per shipment can be reported through interactive keying. No more than 999 lines per shipment can be reported via batch-mode.
- Users of aesdirect.gov must provide the proper proof of filing citation or AES exemption statement on the bill of lading, air waybill, or other commercial documentation in accordance with Foreign Trade Regulations.
- Users of aesdirect.gov are required to file corrections, cancellations, or amendments to previously filed electronic export information as soon as the need for such is determined. When a correction, amendment, or cancellation is reported after the required filing time, the user will receive an information message indicating that the shipment was reported late. However, such warning messages will not be counted in determining the 95 percent error free rate indicated in 5 above.
- The electronic export information reported through aesdirect.gov is confidential for use solely for official purposes authorized by the Secretary of Commerce in accordance with 13 U.S.C. Section 301(g). Use for unauthorized purposes is not permitted. The electronic export information may not be disclosed to anyone except the USPPI or their authorized agent (15CFR 30.60). The registered company found violating confidentiality will be liable to a penalty.
- Electronic export information (except common information) may not be copied to manifests or other shipping documents. USPPIs or their authorized agent may not furnish electronic export information to anyone for unofficial purposes (15CFR30.60).
- Copies of the electronic export information may be supplied to USPPIs or their agents when such copies are needed to comply with official U.S. Government requirements (15CFR30.60).
- Filing electronic export information for exports constitutes a representation by the USPPI that all statements and information are in accordance with the export control regulations. The commodity described on the declaration is authorized under the particular license as identified on the declaration, all statements conform to the applicable licenses, and all conditions of the export control regulations have been met.
- It is unlawful to knowingly make false or misleading representation for exportation. This constitutes a violation of the Export Administration Act, 50 U.S.C. App. 2410. It is also a violation of export control laws and regulations to be connected in any way with altering electronic export information to effect export.
- Commodities that have been, are being, or for which there is probable cause to believe they are intended to be exported in violation of laws or regulations are subject to seizure, detention, condemnation, or sale under 22 U.S.C. Section 401.
- To knowingly make false or misleading statements relating to electronic export information is a criminal offense subject to penalties as provided for in 18 U.S.C. Section 1001.
- Violations of the Foreign Trade Regulations are subject to civil penalties as authorized by 13 U.S.C. Section 305.