After receiving several questions regarding the Bureau of Industry and Security’s (BIS) April rule on military exports, The Census Bureau has issued guidance on the mandatory filing requirements that were defined in the rule. The rule increased due diligence requirements for certain exports to Russia, Venezuela, and China, and requires certain Electronic Export Information (EEI) filings for exports that fall under the rule.

Most of the questions about the rule have been focused on whether all exports to Russia, Venezuela and China require an EEI filing. BIS has clarified that EEI filings for exports controlled by an Export Control Classification Numbers (ECCN) are required “regardless of value” unless the shipment qualifies for License Exception GOV.

BIS also clarified that items designated EAR99 under the Export Administration Regulations (EAR) do not meet BIS’s mandatory filing requirements. As such, the Automated Export System (AES) low value exemption from the Foreign Trade Regulations (FTR) may apply for EAR99 items. If an EEI filing for exports to Venezuela, Russia or China is required then the ECCN must be reported in AES.

For clarifications on EEI filing requirements, please contact your Mohawk Global representative.