[Title 19 CFR 192]
[Code of Federal Regulations (annual edition) - April 1, 2002 Edition]
[Title 19 - CUSTOMS DUTIES]
[Chapter I - UNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY]
[Part 192 - EXPORT CONTROL]
[From the U.S. Government Printing Office]
19CUSTOMS DUTIES22002-04-012002-04-01falseEXPORT CONTROL192PART 192CUSTOMS DUTIESUNITED STATES CUSTOMS SERVICE, DEPARTMENT OF THE TREASURY
PART 192--EXPORT CONTROL--Table of Contents
Sec.
192.0 Scope.
Subpart A--Exportation of Used Self-Propelled Vehicles, Vessels, and
Aircraft
192.1 Definitions.
192.2 Requirements for exportation.
192.3 Penalties.
192.4 Liability of carriers.
Subpart B--Filing of Export Information Through the Automated Export
System (AES)
192.11 Description of the AES.
192.12 Criteria for denial of applications requesting AES post-
departure (Option 4) filing status; appeal procedures.
192.13 Revocation of participant's AES post-departure (Option 4) filing
privileges; appeal procedures.
Authority: 19 U.S.C. 66, 1624, 1646c. Subpart A also issued under 19
U.S.C. 1627a, 1646a, 1646b; subpart B also issued under 13 U.S.C. 303;
46 U.S.C. App. 91.
Source: T.D. 89-46, 54 FR 15403, Apr. 18, 1989, unless otherwise
noted.
[[Page 628]]
Sec. 192.0 Scope.
This part sets forth regulations pertaining to procedures for the
lawful exportation of used self-propelled vehicles, vessels and
aircraft, and the penalties and liabilities incurred for failure to
comply with any of the procedures. This part also sets forth regulations
concerning controls exercised by Customs with respect to the exportation
of certain merchandise. This part also makes provision for the Automated
Export System (AES), implemented by the Census Regulations at part 30,
subpart E (15 CFR part 30, subpart E), and provides the grounds under
which Customs, as one of the reviewing agencies of the government's
export partnership, may deny an application for post-departure filing
status or revoke a participant's privilege to use such filing option,
and provides for the appeal procedures to challenge such action by
Customs.
[T.D. 89-46, 54 FR 15403, Apr. 18, 1989, as amended by T.D. 99-57, 64 FR
40987, July 28, 1999]
Subpart A--Exportation of Used Self-Propelled Vehicles, Vessels, and
Aircraft
Sec. 192.1 Definitions.
The following are general definitions for the purposes of this
subpart A.
Certified. ``Certified'' when used with reference to a copy means a
document issued by a government authority that includes on it a signed
statement by the authority that the copy is an authentic copy of the
original.
Copy. ``Copy'' refers to a duplicate or photocopy of an original
document. Where there is any writing on the backside of an original
document, a ``complete copy'' means that both sides of the document are
copied.
Export. ``Export'' refers to the transportation of merchandise out
of the U.S. for the purpose of being entered into the commerce of a
foreign country.
Self-propelled vehicle. ``Self-propelled vehicle'' includes any
automobile, truck, tractor, bus, motorcycle, motor home, self-propelled
agricultural machinery, self-propelled construction equipment, self-
propelled special use equipment, and any other self-propelled vehicle
used or designed for running on land but not on rail.
Ultimate purchaser. ``Ultimate purchaser'' means the first person,
other than a dealer purchasing in his capacity as a dealer, who in good
faith purchases a self-propelled vehicle for purposes other than resale.
Used. ``Used'' refers to any self-propelled vehicle the equitable or
legal title to which has been transferred by a manufacturer,
distributor, or dealer to an ultimate purchaser.
[T.D. 89-46, 54 FR 15403, Apr. 18, 1989, as amended by T.D. 99-34, 64 FR
16639, Apr. 6, 1999]
Sec. 192.2 Requirements for exportation.
(a) Basic requirements. A person attempting to export a used self-
propelled vehicle shall present to Customs, at the port of exportation,
both the vehicle and the required documentation describing the vehicle,
which includes the Vehicle Identification Number or, if the vehicle does
not have a Vehicle Identification Number, the product identification
number. Exportation of a vehicle will be permitted only upon compliance
with these requirements, unless the vehicle was entered into the United
States under an in-bond procedure, or under a carnet or Temporary
Importation Bond; a vehicle entered under an in-bond procedure, or under
a carnet or Temporary Importation Bond is exempt from these
requirements. The person attempting to export the vehicle may employ an
agent for the exportation of the vehicle.
(b) Documentation required.--(1) For U.S.-titled vehicles.--
(i)Vehicles issued an original certificate of title. For used, self-
propelled vehicles issued, by any jurisdiction in the United States, a
Certificate of Title or a Salvage Title that remains in force, the owner
must provide to Customs, at the time and place specified in this
section, the original Certificate of Title or a certified copy of the
Certificate of Title and two complete copies of the original Certificate
of Title or certified copy of the original.
(ii) Where title evidences third-party ownership/claims. If the
used, self-propelled vehicle is leased or a recorded
[[Page 629]]
lien exists in the U.S., in addition to complying with paragraph
(b)(1)(i) of this section, the provisional owner must provide to Customs
a separate writing from the third-party-in-interest which expressly
provides that the subject vehicle may be exported. This writing must be
on the third-party's letterhead paper, and contain a complete
description of the vehicle including the Vehicle Identification Number
(VIN), the name of the owner or lienholder of the leased vehicle, and
the telephone numbers at which that owner or lienholder may be
contacted. The writing must bear an original signature of the third-
party and state the date it was signed.
(iii) Where U.S. Government employees are involved. If the used,
self-propelled vehicle is owned by a U.S. government employee and is
being exported in conjunction with that employee's reassignment abroad
pursuant to official travel orders, then, in lieu of complying with
paragraph (b)(1)(i) of this section, the employee may be required to
establish that he has complied with the sponsoring agency's internal
travel department procedures for vehicle export.
(2) For foreign-titled vehicles. For used, self-propelled vehicles
that are registered or titled abroad, the owner must provide to Customs,
at the time and place specified in this section, the original document
that provides satisfactory proof of ownership (with an English
translation of the text if the original language is not in English), and
two complete copies of that document (and translation, if necessary).
(3) For untitled vehicles.--(i) Newly-manufactured vehicles issued
an MSO. For newly-manufactured, self-propelled vehicles that are
purchased from a U.S. manufacturer, distributor, or dealer that become
used, as defined in this subpart, and are issued a Manufacturer's
Statement of Origin (MSO), but not issued a Certificate of Title by any
jurisdiction of the United States, the owner must provide to Customs, at
the time and place specified in this section, the original MSO and two
complete copies of the original MSO.
(ii) Newly-manufactured vehicles not issued an MSO. For newly-
manufactured, self-propelled vehicles purchased from a U.S.
manufacturer, distributor, or dealer that become used, as defined in
this subpart, and not issued an MSO or a Certificate of Title by any
jurisdiction of the United States, the owner must establish that the
jurisdiction from where the vehicle comes does not have any ownership
documentation requirements regarding such vehicles and provide to
Customs, at the time and place specified in this section, an original
document that proves ownership, such as a dealer's invoice, and two
complete copies of such original documentation.
(iii) Vehicles issued a junk or scrap certificate. For used, self-
propelled vehicles for which a junk or scrap certificate issued, by any
jurisdiction of the United States, remains in force, the owner must
provide to Customs, at the time and place specified in this section, the
original certificate or a certified copy of the original document and
two complete copies of the original document or certified copy of the
original.
(iv) Vehicles issued a title or certificate that is not in force or
are otherwise not registered. For used, self-propelled vehicles that
were issued, by any jurisdiction of the United States, a title or
certificate that is no longer in force, or that are not required to be
titled or registered, and for which an MSO was not issued, the owner
must establish that the jurisdiction from where the vehicle comes does
not have any ownership documentation requirements regarding such
vehicles and provide to Customs, at the time and place specified in this
section, the original document that shows his basis for ownership or
right of possession, such as a bill of sale, and two complete copies of
that original document. Further, the owner must certify in writing to
Customs that the procurement of the vehicle was a bona fide transaction,
and that the vehicle presented for export is not stolen.
(c) When presented--(1) Exportation by vessel or aircraft. For those
vehicles exported by vessel or aircraft, the required documentation and
the vehicle must be presented to Customs at least 72 hours prior to
export.
(2) Exportation at land border crossing points. For those vehicles
exported by
[[Page 630]]
rail, highway, or under their own power:
(i) The required documentation must be submitted to Customs at least
72 hours prior to export; and
(ii) The vehicle must be presented to Customs at the time of
exportation.
(d) Where presented. Port directors will establish locations at
which exporters must present the required documentation and the vehicles
for inspection. Port directors will publicize these locations, including
their hours of operation.
(e) Authentication of documentation. Customs will determine the
authenticity of the documents submitted. Once the authenticity of the
documents is established, Customs will mark the documents. In most cases
the original document(s) will be returned to the exporter. In those
cases where the original title document was presented to and retained by
Customs and cannot be found prior to the vehicle's export, the
exporter's authenticated copy of the original documentation serves as
evidence of compliance with the reporting requirements.
[T.D. 89-46, 54 FR 15403, Apr. 18, 1989, as amended by T.D. 90-71, 55 FR
37708, Sept. 13, 1990; T.D. 99-34, 64 FR 16639, Apr. 6, 1999]
Sec. 192.3 Penalties.
(a) A $500 penalty shall be assessed against an exporter attempting
to export a vehicle without complying with the requirements set forth in
this part of the regulations.
(b) A $500 penalty shall be assessed against an exporter who has
exported a vehicle without complying with the requirements set forth in
this part of the regulations.
(c) A penalty not to exceed $10,000 may be assessed against an
importer or exporter who knowingly imports, exports or attempts to
import or export:
(1) Any stolen self-propelled vehicle, vessel, aircraft or part of a
self-propelled vehicle, vessel or aircraft; or
(2) Any self-propelled vehicle or part of a self-propelled vehicle
from which the identification number has been removed, obliterated,
tampered with, or altered.
(d) Any stolen self-propelled vehicle, vessel or aircraft or part
thereof or any self-propelled vehicle or part of a self-propelled
vehicle from which the identification number has been removed,
obliterated, tampered with or altered may be subject to seizure and
foreiture pursuant to 19 U.S.C. 1627a.
Sec. 192.4 Liability of carriers.
Under the provisions of 19 U.S.C. 1436, the vessel master is charged
with the responsibility for presenting a true manifest. If used vehicles
are not included on the manifest or are inaccurately described thereon,
a liability for penalties may be incurred.
[T.D. 89-46, 54 FR 15403, Apr. 18, 1989, as amended by T.D. 98-74, 63 FR
51290, Sept. 25, 1998]
Subpart B--Filing of Export Information Through the Automated Export
System (AES)
Source: T.D. 99-57, 64 FR 40987, July 28, 1999, unless otherwise
noted.
Sec. 192.11 Description of the AES.
AES is a voluntary program that allows all exporters required to
report commodity export information (see, 15 CFR 30.16) to submit such
information electronically, rather than on paper, and sea carriers to
report required outbound vessel information electronically (see,
Secs. 4.63, 4.75, and 4.76 of this chapter). Eligibility and application
procedures are found at subpart E of part 30 of the Census Regulations
(15 CFR part 30, subpart E), denominated Electronic Filing Requirements-
-Exporters. These Census Regulations (15 CFR part 30, subpart E) provide
that exporters may choose to submit export information through AES by
any one of three electronic filing options available. Only Option 4, the
complete post-departure submission of export information, requires prior
approval by participating agencies before it can be used by AES
participants.
Sec. 192.12 Criteria for denial of applications requesting AES post-departure (Option 4) filing status; appeal procedures.
(a) Approval process. Applications for the option of filing export
commodity information electronically through
[[Page 631]]
AES after the vessel has departed (Option 4 filing status) must be
unanimously approved by Customs, Census and other participating
government agencies. Disapproval by one of the participating agencies
will cause rejection of the application.
(b) Grounds for denial. Customs may deny a participant's application
for any of the following reasons:
(1) The applicant is not an exporter, as defined in the Census
Regulations (15 CFR 30.7(d));
(2) The applicant has a history of non-compliance with export
regulations (e.g., exporter has a history of late electronic submission
of commodity records or a record of non-submission of required export
documentation);
(3) The applicant has been indicted, convicted, or is currently
under an investigation, wherein Customs has developed probable cause,
for a felony involving any Customs law or any export law administered by
another government agency; or
(4) The applicant has made or caused to be made in the ``Letter of
Intent'', a false or misleading statement or omission with respect to
any material fact.
(c) Notice of denial; appeal procedures. Applicants will be notified
of approval or denial in writing by Census. (Applicants whose
applications are denied by other agencies must contact those agencies
for their specific appeal procedures.) Applicants whose applications are
denied by Customs will be provided with the specific reason(s) for non-
selection. Applicants may challenge Customs decision by following the
appeal procedure provided at Sec. 192.13(b).
Sec. 192.13 Revocation of participants' AES post-departure (Option 4) filing privileges; appeal procedures.
(a) Reasons for revocation. Customs may revoke Option 4 privileges
of participants for the following reasons:
(1) The exporter has made or caused to be made in the ``Letter of
Intent'', a false or misleading statement or omission with respect to
any material fact;
(2) The exporter submitting the ``Letter of Intent'' is indicted,
convicted, or is currently under an investigation, wherein Customs has
developed probable cause, for a felony involving any Customs law or any
export law administered by another government agency;
(3) The exporter fails to substantially comply with export
regulations; or
(4) Continued participation in AES as an Option 4 filer would pose a
threat to national security, such that continued participation in Option
4 should be terminated.
(b) Notice of revocation; appeal procedures. When Customs has
decided to revoke a participant's Option 4 filing privileges, the
participant will be notified in writing of the reason(s) for the
decision. The participant may challenge Customs decision by filing an
appeal within thirty (30) calendar days of receipt of the notice of
decision. Except as stated elsewhere in this paragraph, the revocation
will become effective when the participant has either exhausted all
appeal proceedings or thirty (30) calendar days after receipt of the
notice of revocation if no appeal is filed. However, in cases of
intentional violations of any Customs law on the part of the program
participant or when required by the national security, revocations will
become effective immediately upon notification. Appeals should be
addressed to the Director, Outbound Programs, U.S. Customs, Ronald
Reagan Building, 1300 Pennsylvania Ave, NW, Room 5.4c, Washington, DC
20229. Customs will issue a written decision or notice of extension to
the participant within thirty (30) calendar days of receipt of the
appeal. If a notice of extension is forwarded, the applicant will be
provided with the reason(s) for extension of this time period and an
expected date of decision. Participants who have had their Option 4
filing privileges revoked and applicants not selected to participate in
Option 4 of AES may not reapply for this filing status for one year
following written notification of rejection or revocation.
PARTS 193--199 [RESERVED]