[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]