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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 15:15:1.2.1.1.1.1.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.1 Purpose and definitions. | BIS | [73 FR 31555, June 2, 2008, as amended at 74 FR 38916, Aug. 5, 2009; 78 FR 16373, Mar. 14, 2013; 82 FR 18388, Apr. 19, 2017; 82 FR 43843, Sept. 20, 2017; 83 FR 17751, Apr. 24, 2018; 90 FR 39118, Aug. 14, 2025] | (a) This part sets forth the Foreign Trade Regulations (FTR) as required under the provisions of Title 13, United States Code (U.S.C.), Chapter 9, section 301. These regulations are revised pursuant to provisions of the Foreign Relations Authorization Act, Public Law 107-228 (the Act). This Act authorizes the Secretary of Commerce, with the concurrence of the Secretary of State and the Secretary of Homeland Security, to publish regulations mandating that all persons who are required to file export information under Chapter 9 of 13 U.S.C., file such information through the Automated Export System (AES) for all shipments where a Shipper's Export Declaration (SED) was previously required. The law further authorizes the Secretary of Commerce to issue regulations regarding imposition of civil and criminal penalties for violations of the provisions of the Act and these regulations. (b) Electronic filing through the AES strengthens the U.S. government's ability to prevent the export of certain items to unauthorized destinations and/or end users because the AES aids in targeting, identifying, and when necessary confiscating suspicious or illegal shipments prior to exportation. (c) Definitions used in the FTR. As used in this part, the following definitions apply: AES applicant. The USPPI or authorized agent who reports export information electronically to the AES, or through AES Direct. AESDirect. An Internet portal within the Automated Commercial Environment that allows USPPIs and authorized agents to transmit EEI to the AES. All regulatory requirements pertaining to the AES also apply to AES Direct. AES downtime filing citation. A statement used in place of a proof of filing citation when the AES or AES Direct are inoperable. Air waybill. The shipping document used for the transportation of air freight includes conditions, limitations of liability, shipping instructions, description of commodity, and applicable transportation charges. It is generally similar to a straight non-negotiable bill of lading and is… | ||||
| 15:15:1.2.1.1.1.1.5.10 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.10 Retention of export information and the authority to require production of documents. | BIS | [73 FR 31555, June 2, 2008, as amended at 82 FR 18391, Apr. 19, 2017; 90 FR 39121, Aug. 14, 2025] | (a) Retention of export information. All parties to the export transaction (USPPIs, FPPIs, authorized agents, and/or owners and operators of export carriers) shall retain documents pertaining to the export shipment for five years from the date of export. If the Department of State or other regulatory agency has recordkeeping requirements for exports that exceed the retention period specified in this part, then those requirements prevail. The USPPI or the authorized agent may request a copy of the electronic record or submission from the Census Bureau as provided for in Subpart G of this part. The Census Bureau's retention and maintenance of AES records does not relieve filers from requirements in § 30.10. As set forth in § 30.60(c)(4), the USPPI, the authorized agent, or a representative of the USPPI shall not disclose the EEI to a foreign person or foreign government, including the foreign entity as the USPPI or the FPPI. For items in this section, a foreign entity as the USPPI and the FPPI shall retain documents pertaining to the export shipment as a party to the export transaction; however, the EEI shall not be disclosed to a foreign person or foreign government either in whole or in part. (b) Authority to require production of documents. For purposes of verifying the completeness and accuracy of information reported as required under § 30.6, and for other purposes under the regulations in this part, all parties to the export transaction (owners and operators of the exporting carriers, USPPIs, FPPIs, and/or authorized agents) shall provide upon request to the Census Bureau, CBP, ICE, BIS and other participating agencies EEI, shipping documents, invoices, orders, packing lists, and correspondence as well as any other relevant information bearing upon a specific export transaction at anytime within the five year time period. Section 1252(b)(2) of Public Law 106-113, Proliferation Prevention Enhancement Act of 1999, required the Department of Commerce to print and maintain on file a paper copy or other acc… | ||||
| 15:15:1.2.1.1.1.1.5.11 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | §§ 30.11-30.14 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.1.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.2 General requirements for filing Electronic Export Information (EEI). | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16375, Mar. 14, 2013; 82 FR 18389, Apr. 19, 2017; 88 FR 54326, Aug. 10, 2023; 90 FR 39118, Aug. 14, 2025] | (a) Filing requirements. (1) The EEI shall be filed through the AES by the United States Principal Party In Interest (USPPI), the USPPI's authorized agent, or the authorized U.S. agent of the Foreign Principal Party In Interest (FPPI) for all exports of physical goods, including shipments moving pursuant to orders received over the Internet. The Automated Export System (AES) is the electronic system for collecting Shipper's Export Declaration (SED) (or any successor document) information from persons exporting goods from the United States, Puerto Rico, Foreign Trade Zones (FTZs) located in the United States or Puerto Rico, the U.S. Virgin Islands, between Puerto Rico and the United States, and to the U.S. Virgin Islands from the United States or Puerto Rico. Exceptions, exclusions, and exemptions to this requirement are provided for in paragraph (d) of this section and Subpart D of this part. References to the AES also shall apply to AES Direct unless otherwise specified. For purposes of the regulations in this part, the SED information shall be referred to as EEI. Filing through the AES shall be done in accordance with the definitions, specifications, and requirements of the regulations in this part for all export shipments, except as specifically excluded in § 30.2(d) or exempted in Subpart D of this part, when shipped as follows: (i) To foreign countries or areas, including free (foreign trade) zones located therein (see § 30.36 for exemptions for shipments from the United States to Canada) from any of the following: (A) The United States, including the 50 states and the District of Columbia. (B) Puerto Rico. (C) FTZs located in the United States or Puerto Rico. (D) The U.S. Virgin Islands. (ii) Between any of the following nonforeign areas including goods previously admitted to customs warehouses or FTZs and moving under a U.S. Customs and Border Protection (CBP) bond: (A) To Puerto Rico from the United States. (B) To the United States from Puerto Rico. (C) To the U.S. Virgin Islands from the Unit… | ||||
| 15:15:1.2.1.1.1.1.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.3 Electronic Export Information filer requirements, parties to export transactions, and responsibilities of parties to export transactions. | BIS | [73 FR 31555, June 2, 2008, as amended at 74 FR 38916, Aug. 5, 2009; 78 FR 16375, Mar. 14, 2013; 82 FR 18389, Apr. 19, 2017; 82 FR 43843, Sept 20, 2017; 88 FR 54326, Aug. 10, 2023; 90 FR 39118, Aug. 14, 2025] | All parties that participate in an export transaction subject to the FTR must comply with the FTR. There are two types of export transactions: standard and routed. International commercial terms, terms of sale, and industry or other agreements do not determine the type of or parties to the export transaction, as they have no regulatory basis. (a) General filer requirements. The filer of EEI for export transactions is either the USPPI, or the U.S. authorized agent. All EEI submitted to the AES shall be complete, correct, and based on personal knowledge of the facts stated or on information furnished by the parties to the export transaction. The filer shall be physically located in the United States at the time of filing, have an EIN or DUNS and be certified to report in the AES. In the event that the filer does not have an EIN or DUNS, the filer must obtain an EIN from the Internal Revenue Service. The filer is responsible for the truth, accuracy, and completeness of the EEI, except insofar as that party can demonstrate that it reasonably relied on information furnished by other responsible persons participating in the transaction. All parties involved in export transactions, including U.S. authorized agents, should be aware that invoices and other commercial documents may not necessarily contain all the information needed to prepare the EEI. The parties shall ensure that all information needed for reporting to the AES, including correct export licensing information, is provided to the U.S. authorized agent for the purpose of correctly preparing the EEI. (1) The filer of EEI for export transactions is either the USPPI or the authorized agent. If a foreign entity is the USPPI, they are prohibited from filing the EEI and must authorize an agent to file on their behalf. (2) The filer shall maintain a physical office or residence in the United States, be physically located in the United States at the time of preparing and filing the EEI, and have an EIN or DUNS and be certified to report in the AES. If the file… | ||||
| 15:15:1.2.1.1.1.1.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.4 Electronic Export Information filing procedures, deadlines, and certification statements. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16376, Mar. 14, 2013; 82 FR 18390, Apr. 19, 2017; 82 FR 43843, Sept. 20, 2017; 83 FR 17751, Apr. 24, 2018; 90 FR 39119, Aug. 14, 2025] | Two electronic filing options (predeparture and postdeparture) for transmitting EEI are available to the USPPI or authorized agent. The electronic postdeparture filing takes into account that complete information concerning export shipments may not always be available prior to exportation and accommodates these circumstances by providing, when authorized, for filing of EEI after departure. For example, for exports of seasonal and agricultural commodities, only estimated quantities, values, and consignees may be known prior to exportation. The procedures for obtaining certification as an AES filer and for applying for authorization to file on a postdeparture basis are described in § 30.5. (a) EEI transmitted predeparture. The EEI shall always be transmitted prior to departure for the following types of shipments: (1) Used self-propelled vehicles as defined in 19 CFR 192.1 of U.S. Customs and Border Protection regulations. (2) Essential and precursor chemicals requiring a permit from the DEA; (3) Shipments defined as “sensitive” by Executive Order; (4) Shipments where a U.S. government agency requires predeparture filing; (5) Shipments defined as “routed export transactions” (see § 30.3(e)); (6) Shipments where complete outbound manifests are required prior to clearing vessels going directly to the countries identified in U.S. Customs and Border Protection regulations 19 CFR 4.75(c) and aircraft going directly or indirectly to those countries. (See U.S. Customs and Border Protection regulation 19 CFR 122.74(b)(2)); (7) Items identified on the USML of the ITAR (22 CFR 121); (8) Shipments that require a license from the BIS and exports listed under BIS's grounds for denial of postdeparture filing status (see 15 CFR 758.2); (9) Shipments that require a license from the Nuclear Regulatory Commission. (10) Shipments of rough diamonds classified under HS subheadings 7102.10, 7102.21, and 7102.31 and exported (reexported) in accordance with the Kimberley Process; and (11) Shipments for which the USPPI has no… | ||||
| 15:15:1.2.1.1.1.1.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.5 Electronic Export Information filing processes and standards. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16376, Mar. 14, 2013; 82 FR 18390, Apr. 19, 2017; 90 FR 39120, Aug. 14, 2025] | (a)-(b) [Reserved] (c) Postdeparture filing approval process. Postdeparture filing is a privilege granted to approved USPPIs for their EEI to be filed up to five (5) calendar days after the date of export. The USPPI or its authorized agent may not transmit EEI postdeparture for certain types of shipments that are identified in § 30.4(a). The USPPI may apply for postdeparture filing privileges by submitting a postdeparture filing application at www.census.gov/aes. An authorized agent may not apply on behalf of a USPPI. The Census Bureau will distribute the applications submitted by USPPI's who are applying for postdeparture to the CBP and the other federal government partnership agencies for their review and approval. Failure to meet the standards of the Census Bureau, CBP or any of the partnership agencies is reason for denial of the AES applicant for postdeparture filing privileges. Each partnership agency will develop its own internal postdeparture filing acceptance standards, and each agency will notify the Census Bureau of the USPPI's success or failure to meet that agency's acceptance standards. Any partnership agency may require additional information from USPPIs that are applying for postdeparture filing. The Census Bureau will notify the USPPI of the decision to either deny or approve its application for postdeparture filing privileges within ninety (90) calendar days of receipt of the postdeparture filing application by the Census Bureau. (1) Grounds for denial of postdeparture filing status. The Census Bureau may deny a USPPI's application for postdeparture filing privileges for any of the following reasons: (i) There is no history of filing for the USPPI through the AES. (ii) The USPPI's volume of EEI reported through the AES does not warrant participation in postdeparture filing. (iii) The USPPI or its authorized agent has failed to submit EEI through the AES in a timely and accurate manner. (iv) The USPPI has a history of noncompliance with the Census Bureau export regulations contained i… | ||||
| 15:15:1.2.1.1.1.1.5.6 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.6 Electronic Export Information data elements. | BIS | [73 FR 31555, June 2, 2008, as amended at 74 FR 38916, Aug. 5, 2009; 78 FR 16376, Mar. 14, 2013; 82 FR 18390, Apr. 19, 2017; 82 FR 43843, Sept. 20, 2017; 88 FR 54236, Aug. 10, 2023; 90 FR 39120, Aug. 14, 2025] | The information specified in this section is required for EEI transmitted to the AES. The data elements identified as “mandatory” shall be reported for each transaction. The data elements identified as “conditional” shall be reported if they are required for or apply to the specific shipment. The data elements identified as “optional” may be reported at the discretion of the USPPI or the authorized agent. Additional data elements may be required to be reported in the AES in accordance with other federal agencies' regulations. Refer to the other agencies' regulations for reporting requirements. (a) Mandatory data elements are as follows: (1) USPPI. The person in the United States that receives the primary benefit, monetary or otherwise, from the export transaction. See § 30.3(b)(2) for scenarios identifying the USPPI. The name, address of origin, identification number, and contact information of the USPPI shall be reported to the AES as follows: (i) Name of the USPPI. In all export transactions, the name listed in the USPPI field in the EEI shall be the USPPI in the transaction. (See § 30.1 for the definition of the USPPI and § 30.3 for details on the USPPI's reporting responsibilities.) (ii) Address of origin. In all EEI filings, the USPPI shall report the address of origin (no post office box number) from which the goods actually begin the journey to the port of export even if the USPPI does not own/lease the facility. For example, the EEI covering goods stored in inventory at a warehouse in Georgia for transport to Florida for loading onto a vessel for export to a foreign country shall show the address of origin of the warehouse in Georgia. For shipments of multi-addresses of origin, reported as a single shipment, report the address of origin of the commodity with the greatest value. If such information is not known, report the address of origin where the commodities are consolidated for export. (iii) USPPI identification number. Report the Employer Identification Number (EIN) of the USPPI. If th… | ||||
| 15:15:1.2.1.1.1.1.5.7 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.7 Annotating the bill of lading, air waybill, or other commercial loading documents with proof of filing citations, and exemption legends. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16378, Mar. 14, 2013; 82 FR 43843, Sept. 20, 2017; 83 FR 17751, Apr. 24, 2018] | (a) Items identified on the USML shall meet the predeparture reporting requirements identified in the ITAR (22 CFR 120 through 130) for the U.S. State Department requirements concerning the time and place of filing. For USML shipments, the proof of filing citations shall include the statement in “AES,” followed by the returned confirmation number provided by the AES when the transmission is accepted, referred to as the ITN. (b) For shipments other than USML, the USPPI or the authorized agent is responsible for annotating the proper proof of filing citation or exemption legend on the first page of the bill of lading, air waybill, export shipping instructions or other commercial loading documents. The USPPI or the authorized agent must provide the proof of filing citation or exemption legend to the exporting carrier. The carrier must annotate the proof of filing citation, exemption or exclusion legends on the carrier's outbound manifest when required. The carrier is responsible for presenting the appropriate proof of filing citation or exemption legend to CBP Port Director at the port of export as stated in subpart E of this part. Such presentation shall be without material change or amendment of the proof of filing citation, postdeparture filing citation, AES downtime filing citation, or exemption legend as provided to the carrier by the USPPI or the authorized agent. The proof of filing citation will identify that the export information has been accepted as transmitted. The postdeparture filing citation, AES downtime filing citation, or exemption legend will identify that no filing is required prior to export. The proof of filing citations, postdeparture filing citations, or exemption legends shall appear on the bill of lading, air waybill or other commercial loading documentation and shall be clearly visible. The AES filing citation, exemption or exclusion legends are provided for in appendix B of this part. The exporting carrier shall annotate the manifest or other carrier documentation with the AES filing cit… | ||||
| 15:15:1.2.1.1.1.1.5.8 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.8 Time and place for presenting proof of filing citations and exemption legends. | BIS | [78 FR 16378, Mar. 14, 2013, as amended at 82 FR 18391, Apr. 19, 2017; 82 FR 43843, Sept. 20, 2017; 90 FR 39121, Aug. 14, 2025] | The following conditions govern the time and place to present the proof of filing, postdeparture, or downtime citations or exclusion or exemption legends. The USPPI or the authorized agent is required to deliver the proof of filing, postdeparture, or downtime citations or exclusion or exemption legends required in § 30.7 to the exporting carrier. See appendix B of this part for the properly formatted proof of filing, postdeparture, or downtime citations and exclusion or exemption legends. Failure of the USPPI or authorized agent to comply with these requirements constitutes a violation of the regulations in this part and renders such principal party or the authorized agent subject to the penalties provided for in Subpart H of this part. (a) Mail exports. The proof of filing citation, postdeparture filing citation, AES downtime filing citation, exemption and/or exclusion legend for items exported by mail as required in § 30.4(b) shall be annotated on the appropriate U.S. Postal Service customs declaration form (and/or its electronic equivalent) and presented with the packages at the time of mailing. The Postal Service is required to deliver the proof of filing citation, postdeparture filing citation, AES downtime filing citation, exemption or exclusion legend prior to export. (b) Pipeline exports. The proof of filing citations or exemption and exclusion legends for items being sent by pipeline shall be presented to the operator of a pipeline no later than four calendar days after the close of the month. See § 30.4(c)(2) for requirements for the filing of export information by pipeline carriers. (c) Exports by other methods of transportation. For exports sent other than by mail or pipeline, the USPPI or the authorized agent is required to deliver the proof of filing citations and/or exemption and exclusion legends to the exporting carrier in accord with the time periods set forth in § 30.4(b). | ||||
| 15:15:1.2.1.1.1.1.5.9 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | A | Subpart A—General Requirements | § 30.9 Transmitting and correcting Electronic Export Information. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16378, Mar. 14, 2013] | (a) The USPPI or the authorized filing agent is responsible for electronically transmitting accurate EEI as known at the time of filing in the AES and transmitting any changes to that information as soon as they are known. Corrections, cancellations, or amendments to that information shall be electronically identified and transmitted to the AES for all required fields as soon as possible. The provisions of this paragraph relating to the reporting of corrections, cancellations, or amendments to EEI, shall not be construed as a relaxation of the requirements of the rules and regulations pertaining to the preparation and filing of EEI. Failure to correct the EEI is a violation of the provisions of this part. (b) For shipments where the USPPI or the authorized agent has received an error message from AES, the corrections shall take place as required. Fatal error messages are sent to filers when EEI is not accepted in the AES and update rejected messages are sent when a correction is not accepted in the AES. Fatal errors must be corrected and EEI resubmitted prior to export for shipments filed predeparture and for post-departure shipments but not later than five (5) calendar days after the date of export. Failure to respond to fatal error messages for shipments filed predeparture prior to export of the cargo subjects the principal party or authorized agent to penalties provided for in Subpart H of this part. Failing to transmit corrections to the AES constitutes a violation of the regulations in this part and renders such principal party or authorized agent subject to the penalties provided for in Subpart H of this part. Update rejected messages must be corrected as soon as possible. For EEI that generates a warning message, the correction shall be made within four (4) calendar days of receipt of the original transmission. For EEI that generates a verify message, the correction, when warranted, shall be made within four (4) calendar days of receipt of the message. A compliance alert indicates that the shipment was no… | ||||
| 15:15:1.2.1.1.1.2.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | B | Subpart B—Export Control and Licensing Requirements | § 30.15 Introduction. | BIS | (a) For export shipments to foreign countries, the EEI is used both for statistical and for export control purposes. All parties to an export transaction must comply with all relevant export control regulations, as well as the requirements of the statistical regulations of this part. For convenience, references to provisions of the EAR, ITAR, CBP, and OFAC regulations that affect the statistical reporting requirements of this part have been incorporated into this part. For regulations and information concerning other agencies that exercise export control and licensing authority for particular types of commodity shipments, a USPPI, its authorized agent, or other party to the transaction shall consult the appropriate agency regulations. (b) In addition to the reporting requirements set forth in § 30.6, further information may be required for export control purposes by the regulations of CBP, BIS, State Department, or the U.S. Postal Service under particular circumstances. (c) This part requires the retention of documents or records pertaining to a shipment for five years from the date of export. All records concerning license exceptions or license exemptions shall be retained in the format (including electronic or hard copy) required by the controlling agency's regulations. For information on recordkeeping retention requirements exceeding the requirements of this part, refer to the regulations of the agency exercising export control authority for the specific shipment. (d) In accordance with the provisions of Subpart G of this part, information from the EEI is used solely for official purposes, as authorized by the Secretary of Commerce, and any unauthorized use is not permitted. | |||||
| 15:15:1.2.1.1.1.2.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | B | Subpart B—Export Control and Licensing Requirements | § 30.16 Export Administration Regulations. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16379, Mar. 14, 2013; 82 FR 18391, Apr. 19, 2017] | The Export Administration Regulations (EAR) issued by the U.S. Department of Commerce, BIS, contain additional reporting requirements pertaining to EEI (see 15 CFR parts 730-774). (a) The EAR requires that export information be filed for shipments from U.S. Possessions to foreign countries or areas. (see 15 CFR 758.1(b) and 772.1, definition of the United States.) (b) Requirements to place certain export control information in the EEI are found in the EAR. (See 15 CFR 758.1(g) and 15 CFR 758.2). (c) Requirements to place certain export control information on export control documents for shipments exempt from AES filing requirements. (See 15 CFR 758.1(d)). (d) A shipment destined for a country listed in Country Group E:1 or E:2 as set forth in Supplement No. 1 to 15 CFR part 740 shall require EEI filings regardless of value unless such shipment is eligible for an exemption in § 30.37(y) and does not require a license by BIS or any other Federal Government Agency. (e) Goods licensed by BIS where the country of ultimate destination is the United States or goods destined to international waters where the person(s) or entity assuming control of the item(s) is a citizen or permanent resident alien of the United States or a juridical entity organized under the laws of the United States or a jurisdiction within the United States shall be excluded from EEI filing. | ||||
| 15:15:1.2.1.1.1.2.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | B | Subpart B—Export Control and Licensing Requirements | § 30.17 Customs and Border Protection regulations. | BIS | [73 FR 31555, June 2, 2008, as amended at 90 FR 39121, Aug. 14, 2025] | Refer to the DHS's CBP regulations, 19 CFR part 192, for information referencing the advanced electronic submission of cargo information on exports for screening and targeting purposes pursuant to the Trade Act of 2002. The regulations also prohibit postdeparture filing of export information for certain shipments and contain other regulatory provisions affecting the reporting of EEI. | ||||
| 15:15:1.2.1.1.1.2.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | B | Subpart B—Export Control and Licensing Requirements | § 30.18 Department of State regulations. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16379, Mar. 14, 2013; 90 FR 39122, Aug. 14, 2025] | (a) The USPPI or the authorized agent shall file export information, as required, for items on the USML of the International Traffic in Arms Regulations (ITAR) (22 CFR part 121). Information for items identified on the USML, including those exported under an export license or license exemption, shall be filed prior to export. Items identified on the USML, including those exported under an export license or license exemption, ultimately destined to a location in the United States are not required to be reported in the AES. (b) Refer to the ITAR 22 CFR 120-130 for requirements regarding information required for electronically reporting export information for USML shipments and filing time requirements. | ||||
| 15:15:1.2.1.1.1.2.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | B | Subpart B—Export Control and Licensing Requirements | § 30.19 Other Federal agency regulations. | BIS | Other Federal agencies have requirements regarding the reporting of certain types of export transactions. The USPPIs and/or authorized agents are responsible for adhering to these requirements. | |||||
| 15:15:1.2.1.1.1.2.5.6 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | B | Subpart B—Export Control and Licensing Requirements | §§ 30.20-30.24 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.3.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | C | Subpart C—Special Provisions and Specific-Type Transactions | § 30.25 Values for certain types of transactions. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16379, Mar. 14, 2013] | Special procedures govern the values to be reported for shipments of the following unusual types: (a) Subsidized exports of agricultural products. Where provision is made for the payment to the USPPI for the exportation of agricultural commodities under a program of the Department of Agriculture, the value required to be reported for EEI is the selling price paid by the foreign buyer minus the subsidy. (b) General Services Administration (GSA) exports of excess personal property. For exports of GSA excess personal property, the value to be shown in the EEI will be “fair market value,” plus charges when applicable, at which the property was transferred to GSA by the holding agency. These charges include packing, rehabilitation, inland freight, or drayage. The estimated “fair market value” may be zero, or it may be a percentage of the original or estimated acquisition costs. (Bill of lading, air waybill, and other commercial loading documents for such shipments will bear the notation “Excess Personal Property, GSA Regulations 1-III, 303.03.”) (c) Goods rejected after entry. For imported goods that are cleared by CBP but subsequently rejected, an EEI must be filed to export the goods. The value to be reported in the AES is the declared import value of the goods. | ||||
| 15:15:1.2.1.1.1.3.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | C | Subpart C—Special Provisions and Specific-Type Transactions | § 30.26 Reporting of vessels, aircraft, cargo vans, and other carriers and containers. | BIS | [78 FR 16379, Mar. 14, 2013, as amended at 90 FR 39122, Aug. 14, 2025] | (a) Export information shall be filed in the AES for all vessels, locomotives, aircraft, rail cars, trucks, other vehicles, trailers, pallets, cargo vans, lift vans, or similar shipping containers when these items are moving as goods pursuant to sale or other transfer from ownership in the United States to ownership abroad. If the vessel, car, aircraft, locomotive, rail car, vehicle, or shipping container is outside Customs territory of the United States at the time of sale or transfer to foreign ownership, EEI shall be reported identifying the last port of clearance or departure from the United States prior to sale or transfer. The date of export shall be the date of sale. (b) The country of ultimate destination to be shown in the EEI for vessels exported for sale is the country of new ownership. The country for which the vessel clears, or the country of registry of the vessel, should not be reported as the country of ultimate destination in the EEI unless such country is the country of new ownership. | ||||
| 15:15:1.2.1.1.1.3.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | C | Subpart C—Special Provisions and Specific-Type Transactions | § 30.27 Return of exported cargo to the United States prior to reaching its final destination. | BIS | When goods reported as exported from the United States are not exported or are returned without having been entered into a foreign destination, the filer shall cancel the EEI. | |||||
| 15:15:1.2.1.1.1.3.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | C | Subpart C—Special Provisions and Specific-Type Transactions | § 30.28 Split shipments. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16379, Mar. 14, 2013; 82 FR 18391, Apr. 19, 2017] | A split shipment is a shipment covered by a single EEI record booked for export on one conveyance that is divided for shipment on more than one conveyance by the exporting carrier prior to export. The exporting carrier must file the manifest in accordance with CBP regulations indicating that the cargo was sent on two or more of the same type of conveyance of the same carrier leaving from the same port of export within 24 hours by vessel or 7 days by air, truck, or rail. For the succeeding parts of the shipment that are exported within the time frames specified above, a new EEI record will not be required. However, for the succeeding parts of the shipment that are not exported within the time frames specified above, a new EEI record must be filed and amendments must be made to the original EEI record. If a new EEI record is required, the original ITN data element may be used. The following procedures apply for split shipments: (a) The carrier shall submit the manifest to the CBP Port Director with the manifest covering the conveyance on which the first part of the split shipment is exported and shall make no changes to the EEI. However, the manifest shall show in the “number of packages” column the actual portion of the declared total quantity being carried and shall carry a notation to indicate “Split Shipment” e.g., “3 of 10—Split Shipment.” All associated manifests with the notation “Split Shipment” will have identical ITNs if exported within 24 hours by vessel or 7 days by air, truck, or rail. (b) On each subsequent manifest covering a conveyance on which any part of a split shipment is exported, a prominent notation “SPLIT SHIPMENT”, e.g. “4 of 10—Split shipment” shall be made on the manifest for identification. On the last shipment, the notation shall read “SPLIT SHIPMENT, FINAL, e.g., “10 of 10 Split Shipment, Final”.” Each subsequent manifest covering a part of a split shipment shall also show in the “number of packages” column only the goods carried on that particular conveyance and a reference to the t… | ||||
| 15:15:1.2.1.1.1.3.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | C | Subpart C—Special Provisions and Specific-Type Transactions | § 30.29 Reporting of repairs and replacements. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16380, Mar. 14, 2013; 82 FR 18391, Apr. 19, 2017; 90 FR 39122, Aug. 14, 2025] | These guidelines will govern the reporting of the following: (a) The return of goods previously imported only for repair and alteration. (1) The return of goods not licensed by a U.S. Government agency and not subject to the ITAR, temporarily imported for repair and alteration, and declared as such on importation as described in § 30.53 shall have Schedule B number 9801.10.0000. The value reported shall be parts and labor, plus inland or domestic freight, insurance, and other charges to the U.S. seaport, airport, or land border port of export. The value of the original product shall not be included. If the value is over $2,500, then EEI must be filed. (2) The return of goods licensed by a U.S. Government agency or subject to the ITAR, temporarily imported for repair or alteration, and declared as such on importation as described in § 30.53 shall have Schedule B number 9801.10.0000. In the value field, report the value of the parts and labor, plus inland or domestic freight, insurance, and other charges to the U.S. seaport, airport, or land border port of export. In the license value field, report the value designated on the export license that corresponds to the commodity being exported if required by the licensing agency. EEI must be filed regardless of value. (b) Goods that are covered under warranty. (1) Goods that are reexported after repair under warranty shall follow the procedures in paragraph (a)(1) or (2) of this section as appropriate. It is recommended that the bill of lading, air waybill, or other loading documents include the statement, “This product was repaired under warranty.” (2) Goods that are replaced under warranty at no charge to the customer shall include the statement, “Product replaced under warranty, value for EEI purposes” on the bill of lading, air waybill, or other commercial loading documents. Place the notation below the proof of filing citation, postdeparture filing citation, AES downtime filing citation, exemption or exclusion legend on the commercial loading documents. Repo… | ||||
| 15:15:1.2.1.1.1.3.5.6 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | C | Subpart C—Special Provisions and Specific-Type Transactions | §§ 30.30-30.34 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.4.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | § 30.35 Procedure for shipments exempt from filing requirements. | BIS | [82 FR 43843, Sept. 20, 2017] | Except as noted in § 30.2(a)(1)(iv), where an exemption from the filing requirement is provided in this subpart, a legend describing the basis for the exemption shall be made on the first page of the bill of lading, air waybill, or other commercial loading document, and on the carrier's outbound manifest. The exemption legend shall reference the number of the section or provision in this part where the particular exemption is provided (see appendix B of this part). | ||||
| 15:15:1.2.1.1.1.4.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | § 30.36 Exemption for shipments destined to Canada. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16380, Mar. 14, 2013; 82 FR 18391, Apr. 19, 2017; 90 FR 39122, Aug. 14, 2025] | (a) Except as noted in § 30.2(a)(1)(iv), and in paragraph (b) of this section, shipments originating in the United States where the country of ultimate destination is Canada are exempt from the EEI reporting requirements of this part. (b) This exemption does not apply to the following types of export shipments (These shipments shall be reported in the same manner as for all other exports, except household goods, which require limited reporting): (1) Sent for storage in Canada, but ultimately destined for third countries. (2) Exports moving from the United States through Canada to a third destination. | ||||
| 15:15:1.2.1.1.1.4.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | § 30.37 Miscellaneous exemptions. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16380, Mar. 14, 2013; 79 FR 54589, Sept. 12, 2014; 82 FR 18392, Apr. 19, 2017; 88 FR 54326, Aug. 10, 2023; 90 FR 39122, Aug. 14, 2025] | Except as noted in § 30.2(a)(1)(iv), filing EEI is not required for the following kinds of shipments. However, the Census Bureau has the authority to periodically require the reporting of shipments that are normally exempt from filing. (a) Exports of commodities where the value of the commodities shipped from one USPPI to one ultimate consignee on a single exporting conveyance classified under an individual Schedule B number or HTSUSA commodity classification code is $2,500 or less. This exemption applies to individual Schedule B numbers or HTSUSA commodity classification codes regardless of the total shipment value. In instances where a shipment contains a mixture of individual Schedule B numbers or HTSUSA commodity classification codes valued at $2,500 or less and individual Schedule B numbers or HTSUSA commodity classification codes valued over $2,500, only those Schedule B numbers or HTSUSA commodity classification codes valued over $2,500 are required to be reported. If the filer reports multiple items of the same Schedule B number or HTSUSA commodity classification code, this exemption only applies if the total value of exports for the Schedule B number or HTSUSA commodity classification code is $2,500 or less. Items of domestic and foreign origin under the same commodity classification number must be reported separately and EEI filing is required when either is over $2,500. For the reporting of household goods see § 30.38. (b) Tools of trade and their containers that are usual and reasonable kinds and quantities of commodities and software intended for use by individual USPPIs or by employees or representatives of the exporting company in furthering the enterprises and undertakings of the USPPI abroad. Commodities and software eligible for this exemption are those that do not require an export license or that are exported as tools of the trade under a license exception of the EAR (15 CFR 740.9), and are subject to the following provisions: (1) Are owned by the individual USPPI or exporting company. (2)… | ||||
| 15:15:1.2.1.1.1.4.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | § 30.38 Exemption from the requirements for reporting complete commodity information. | BIS | [78 FR 16381, Mar. 14, 2013] | Except as noted in § 30.2(a)(1)(iv), report EEI for household goods. Household goods are usual and reasonable kinds and quantities of personal property necessary and appropriate for use by the USPPI in the USPPI's dwelling in a foreign country. Household goods include, but are not limited to items such as furniture, large and small appliances, kitchenware, electronics, toys, bicycles, clothing, personal adornments, and associated containers. These goods should be for use by the USPPI, not intended for sale; and shipped under a bill of lading or an air waybill. In such cases, Schedule B or HTSUSA commodity classification codes and domestic/foreign indicator shall not be required. | ||||
| 15:15:1.2.1.1.1.4.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | § 30.39 Special exemptions for shipments to the U.S. Armed Services. | BIS | [78 FR 16381, Mar. 14, 2013, as amended at 90 FR 39122, Aug. 14, 2025] | Except as noted in § 30.2(a)(1)(iv), filing of EEI is not required for any commodities, whether shipped commercially or through government channels, consigned to the U.S. Armed Services for their exclusive use, including shipments to armed services exchange systems. This exemption does not apply to articles that are on the USML and thus controlled by the ITAR and/or shipments that are not consigned to the U.S. Armed Services, regardless of whether they may be for their ultimate and exclusive use. | ||||
| 15:15:1.2.1.1.1.4.5.6 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | § 30.40 Special exemptions for certain shipments to U.S. government agencies and employees. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16381, Mar. 14, 2013] | Except as noted in § 30.2(a)(1)(iv), filing EEI is not required for the following types of shipments to U.S. government agencies and employees: (a) Office furniture, office equipment, and office supplies shipped to and for the exclusive use of U.S. government offices. (b) Household goods and personal property shipped to and for the exclusive and personal use of U.S. government employees. (c) Food, medicines, and related items and other commissary supplies shipped to U.S. government offices or employees for the exclusive use of such employees, or to U.S. government employee cooperatives or other associations for subsequent sale or other distribution to such employees. | ||||
| 15:15:1.2.1.1.1.4.5.7 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | D | Subpart D—Exemptions From the Requirements for the Filing of Electronic Export Information | §§ 30.41-30.44 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.5.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | E | Subpart E—Manifest Requirements | § 30.45 Manifest requirements | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16381, Mar. 14, 2013; 82 FR 18392, Apr. 19, 2017] | (a) File the manifest in accordance with Customs and Border Protections (CBP) regulations. (1) Vessels. Vessels transporting goods as specified shall file a complete manifest, or electronic equivalent. (i) Bunker fuel. The manifest (including vessels taking bunker fuel to be laden aboard vessels on the high seas) clearing for foreign countries shall show the quantities and values of bunker fuel taken aboard at that port for fueling use of the vessel, apart from such quantities as may have been laden on vessels as cargo. (ii) Coal and fuel oil. The quantity of coal shall be reported in metric tons (1000 kgs or 2240 pounds), and the quantity of fuel oil shall be reported in barrels of 158.98 liters (42 gallons). Fuel oil shall be described in such manner as to identify diesel oil as distinguished from other types of fuel oil. (2)-(3) [Reserved] (4) Carriers not required to file manifests. Carriers allowed to file incomplete manifests under applicable CBP regulations are required, upon request, to present to the CBP Port Director the proof of filing citation, exemption or exclusion legends for each shipment, prior to departure of the vessel, aircraft, train, truck or other means of conveyance. (5) Penalties. Failure of the carrier to file a manifest as required constitutes a violation of the regulations in this part and renders such carrier subject to the penalties provided for in Subpart H of this part. (b) Exempt items. For any item for which EEI is not required by the regulations in this part, a notation on the manifest shall be made by the carrier as to the basis for the exemption. In cases where a manifest is not required and EEI is not required, an oral declaration to the CBP Port Director shall be made as to the basis for the exemption. | ||||
| 15:15:1.2.1.1.1.5.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | E | Subpart E—Manifest Requirements | §§ 30.46-30.49 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.6.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | § 30.50 General requirements for filing import entries. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16382, Mar. 14, 2013; 82 FR 18392, Apr. 19, 2017; 83 FR 17751, Apr. 24, 2018] | Electronic entry summary filing through the Automated Commercial Environment (ACE), paper import entry summaries (CBP-7501), or paper record of vessel foreign repair or equipment purchase (CBP-226) shall be completed by the importer of record or its licensed customs broker and filed directly with CBP in accordance with 19 CFR parts 1-199. Information on all mail and informal entries required for statistical and CBP purposes shall be reported, including value not subject to duty. Upon request, the importer of record or the importer's licensed customs broker shall provide the Census Bureau with information or documentation necessary to verify the accuracy of the reported information, or to resolve problems regarding the reported import transaction received by the Census Bureau. (a) Import information for statistical purposes shall be filed for goods shipped as follows: (1) Entering the United States from foreign countries. (2) Admitted to U.S. FTZs. (3) From the U.S. Virgin Islands. (4) From other nonforeign areas (except Puerto Rico). (b) Sources for collecting import statistics include the following: (1) CBP's ABI Program (see 19 CFR Subpart A, Part 143). (2) CBP-7501 paper entry summaries required for individual transactions (see 19 CFR Subpart B, Part 142). (3) CBP-226, Record of Vessel Foreign Repair or Equipment Purchase (see 19 CFR 4.7 and 4.14). (4) CBP-214, Application for Foreign Trade Zone Admission and/or Status Designation (Statistical copy). (5) Electronic CBP Form 214 Admissions (e214). (c) The Kimberley Process Certificate (KPC) for all imports of rough diamonds classified under HS subheadings 7102.10, 7102.21, 7102.31 must be faxed by the importer or customs broker to the Census Bureau on (800) 457-7328, or provided by other methods as permitted by the Census Bureau, immediately after entry of the shipment in the United States. | ||||
| 15:15:1.2.1.1.1.6.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | § 30.51 Statistical information required for import entries. | BIS | [73 FR 31555, June 2, 2008, as amended at 90 FR 39122, Aug. 14, 2025] | The information required for statistical purposes is, in most cases, also required by CBP regulations for other purposes. Refer to the CBP website at cbp.gov to download “Instructions for Preparation of CBP-7501” for completing the entry summary documentation (CBP Form-7501). Refer to the Customs and Trade Automated Interface Requirements for instructions on submitting an Automated Commercial Environment (ACE) Automated Broker Interface (ABI) electronic record or instructions for completing CBP-226 for declaring any equipment, repair parts, materials purchased, or expense for repairs incurred outside of the United States. | ||||
| 15:15:1.2.1.1.1.6.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | § 30.52 Foreign Trade Zones (FTZ). | BIS | [78 FR 16382, Mar. 14, 2014, as amended at 90 FR 39122, Aug. 14, 2025] | When goods are withdrawn from a FTZ for export to a foreign country, the export shall be reported in accordance with § 30.2. Foreign goods admitted into FTZs shall be reported as a general import. Statistical requirements for zone admissions are provided to the Census Bureau via CBP's ABI electronic 214 (e214) program or the CBP Form 214A Application for Foreign Trade Zone Admission and/or Status Designation. Refer to the CBP website at cbp.gov to download the “Foreign Trade Zone Manual” that includes the CBP Form 214—Application for FTZ Admission (appendix A) and Instructions for filling out the 214 (appendix B). When goods are withdrawn from a FTZ to be entered for consumption or entered into a bonded warehouse, the withdrawal from the FTZ shall be reported on CBP Form 7501 or through the appropriate entry documents, or their electronic equivalents, in accordance with CBP regulations. The instructions and definitions for completing the e214 are provided in 19 CFR 146. The following data items are required to be filed on Form 214A for statistical purposes: (a) Zone Number and Location (Address) (b) Port Code (c) Importing Vessel and Flag/Other Carrier (d) Export Date (e) Import Date (f) Zone Admission Number (g) U.S. Port of Unlading (h) In-bond Carrier (i) Foreign Port of Lading (j) Bill of Lading/AWB Number (k) Number of Packages & Country of Origin (l) Description of Merchandise (m) HTSUSA Number (n) Quantity (HTSUSA) (o) Gross Weight (p) Separate Value and Aggregate Charges (q) Status Designation | ||||
| 15:15:1.2.1.1.1.6.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | § 30.53 Import of goods returned for repair. | BIS | [82 FR 18392, Apr. 19, 2017] | Import entries covering U.S. goods imported temporarily to be repaired, altered, or processed under Harmonized Tariff Schedule of the United States Annotated (HTSUSA) commodity classification code 9801.00.1012, and foreign goods imported temporarily to be repaired or altered under the HTSUSA commodity classification code 9813.00.0540 are required to show the following statement: “Imported for Repair and Reexport” on CBP Form 7501 or its electronic equivalent. When the goods are subsequently exported, file according to the instructions provided in § 30.29. | ||||
| 15:15:1.2.1.1.1.6.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | § 30.54 Special provisions for imports from Canada. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16382, Mar. 14, 2013] | (a) When certain softwood lumber products described under HTSUSA subheadings 4407.1001, 4409.1010, 4409.1090, and 4409.1020 are imported from Canada, import entry records are required to show a valid Canadian region of manufacture code. The Canadian region of manufacture is determined on a first mill basis (the point at which the item was first manufactured into a covered lumber product). Canadian region of manufacture is the first region where the subject goods underwent a change in tariff classification to the tariff classes cited in this paragraph. The Canadian region code should be transmitted in the electronic ABI summaries. The Canadian region of manufacture code should replace the region of origin code on CBP-7501, entry summary form. These requirements apply only for imports of certain softwood lumber products for which the region of origin is Canada. (b) All other imports from Canada, including certain softwood lumber products not covered in paragraph (a) of this section, will require the two letter designation of the Canadian province of origin to be reported on U.S. entry summary records. This information is required only for U.S. imports that under applicable CBP rules of origin are determined to originate in Canada. For nonmanufactured goods determined to be of Canadian origin, the province of origin is defined as the region where the exported goods were originally grown, mined, or otherwise produced. For goods of Canadian origin that are manufactured or assembled in Canada, with the exception of the certain softwood lumber products described in paragraph (a) of this section, the region of origin is that in which the final manufacture or assembly is performed prior to exporting that good to the United States. In cases where the region in which the goods were manufactured, assembled, grown, mined, or otherwise produced is unknown, the province in which the Canadian vendor is located can be reported. For those reporting on paper forms the region of origin code replaces the country of origin code on CB… | ||||
| 15:15:1.2.1.1.1.6.5.6 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | § 30.55 Confidential information, import entries, and withdrawals. | BIS | [73 FR 31555, June 2, 2008, as amended at 88 FR 54326, Aug. 10, 2023] | The contents of the statistical copies of import entries and withdrawals on file with the Census Bureau are treated as confidential and will not be released without authorization by CBP, in accordance with 19 CFR part 103 relating to the copies on file in CBP offices. The importer or import broker must provide the Census Bureau with information or documentation necessary to verify the accuracy or resolve problems regarding the reported import transaction. (a) The basic responsibility for obtaining and providing the information required by the general statistical headnotes of the HTSUSA rests with the person filing the import entry. This is provided for in section 484(a) of the Tariff Act, 19 CFR 141.61(e) of CBP regulations, and § 30.50 of this subpart. CBP Regulations 19 CFR 141.61(a) specify that the entry summary data clearly set forth all information required. (b) 19 CFR 141.61(e) of CBP regulations provides that penalty procedures relating to erroneous statistical information shall not be invoked against any person who attempts to comply with the statistical requirements of the General Statistical Notes of the HTSUSA. However, in those instances where there is evidence that statistical suffixes are misstated to avoid quota action, or a misstatement of facts is made to avoid import controls or restrictions related to specific commodities, the importer or its licensed broker should be aware that the appropriate actions will be taken under 19 U.S.C. 1592, as amended. | ||||
| 15:15:1.2.1.1.1.6.5.7 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | F | Subpart F—Import Requirements | §§ 30.56-30.59 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.7.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | G | Subpart G—General Administrative Provisions | § 30.60 Confidentiality of Electronic Export Information. | BIS | [79 FR 49660, Aug. 22, 2014, as amended at 83 FR 17751, Apr. 24, 2018; 90 FR 39122, Aug. 14, 2025] | (a) The Electronic Export Information (EEI) collected and accessed by the Census Bureau under 15 CFR part 30 is confidential, to be used solely for official purposes as authorized by the Secretary of Commerce. The collection of EEI by the Department of Commerce has been approved by the Office of Management and Budget (OMB). The information collected is used by the Census Bureau for statistical purposes. In addition, EEI is used by federal government agencies, such as the Department of State, Immigration and Customs Enforcement, and Customs and Border Protection (CBP) for export control; by other federal government agencies such as the Bureau of Economic Analysis, Bureau of Labor Statistics, and Bureau of Transportation Statistics for statistical purposes; and by other federal agencies as authorized by the Secretary of Commerce or the Census Bureau Director consistent with the agencies' statutory or legal authorities as provided for in paragraph (e) of this section. Absent such authorization, information collected pursuant to this Part shall not be disclosed to anyone by any officer, employee, contractor, agent of the federal government or other parties with access to the EEI other than to the USPPI or the authorized agent of the USPPI. Such disclosure shall be limited to that information provided by each party pursuant to this Part. (b) Viewing and using EEI for official purposes. (1) The EEI may be viewed and used by federal agencies authorized to use export data for official purposes as defined to include, but not limited to: (i) Improving compliance with U.S. export laws and regulations; (ii) Detecting and preventing violations of export, census, customs, homeland security, national resource and other laws, regulations and treaties; (iii) Analysis to assess threats to U.S. and international security such as money laundering, and other potential violations of U.S. and foreign criminal laws; (iv) Enforcement of U.S. export-related laws and regulations; (v) Investigation and prosecution of possible violat… | ||||
| 15:15:1.2.1.1.1.7.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | G | Subpart G—General Administrative Provisions | § 30.61 Statistical classification schedules. | BIS | [73 FR 31555, June 2, 2008, as amended at 90 FR 39123, Aug. 14, 2025] | The following statistical classification schedules are referenced in this part. These schedules may be accessed through the Census Bureau's website at http://www.census.gov/trade. (a) Schedule B—Statistical Classification for Domestic and Foreign Commodities Exported from the United States shows the detailed commodity classification requirements and 10-digit statistical reporting numbers to be used in preparing EEI as required by these regulations. (b) Harmonized Tariff Schedule of the United States shows the 10-digit statistical reporting number to be used in preparing import entries and withdrawal forms. (c) Schedule C —Classification of Country and Territory Designations for U.S. Foreign Trade Statistics. (d) Schedule D —Classification of CBP Districts and Ports. (e) Schedule K —Classification of Foreign Ports by Geographic Trade Area and Country. (f) International Air Transport Association (IATA) —Code of the carrier for air shipments. These are the air carrier codes to be used in reporting EEI, as required by the regulations in this part. (g) Standard Carrier Alpha Code (SCAC) —Classification of the carrier for vessel, rail and truck shipments, showing the carrier codes necessary to prepare EEI, as required by the regulations in this part. | ||||
| 15:15:1.2.1.1.1.7.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | G | Subpart G—General Administrative Provisions | § 30.62 Emergency exceptions. | BIS | The Census Bureau and CBP may jointly authorize the postponement of or exception to the requirements of the regulations in this Part as warranted by the circumstances in individual cases of emergency where strict enforcement of the regulations would create a hardship. In cases where export control requirements also are involved, the concurrence of the regulatory agency and CBP also will be obtained. | |||||
| 15:15:1.2.1.1.1.7.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | G | Subpart G—General Administrative Provisions | § 30.63 Office of Management and Budget control numbers assigned pursuant to the Paperwork Reduction Act. | BIS | (a) Purpose. This subpart will comply with the requirements of the Paperwork Reduction Act (PRA), 44 U.S.C. 3507(f), which requires that agencies display a current control number assigned by the Director of OMB for each agency information collection requirement. (b) Display. | |||||
| 15:15:1.2.1.1.1.7.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | G | Subpart G—General Administrative Provisions | §§ 30.64-30.69 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.1.8.5.1 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | H | Subpart H—Penalties | § 30.70 Violation of the Clean Diamond Trade Act. | BIS | [73 FR 31555, June 2, 2008, as amended at 83 FR 17751, Apr. 24, 2018] | Section 8(c) of the Clean Diamond Trade Act (CDTA) authorizes U.S. Customs and Border Protection (CBP) and U.S. Immigration and Customs Enforcement (ICE) to enforce the laws and regulations governing exports of rough diamonds. The Treasury Department's Office of Foreign Assets Control (OFAC) also has enforcement authority pursuant to section 5(a) of the CDTA, Executive Order 13312, and Rough Diamonds Control Regulations (31 CFR part 592). CBP, ICE, and OFAC are authorized to enforce provisions of the CDTA providing the following civil and criminal penalties: (a) Civil penalties. A civil penalty not to exceed $10,000 may be imposed on any person who violates, or attempts to violate, any order or regulation issued under the Act. (b) Criminal penalties. For the willful violation or attempted violation of any license, order, or regulation issued under the Act, a fine not to exceed $50,000, shall be imposed upon conviction or: (1) If a natural person, imprisoned for not more than ten years, or both; (2) If an officer, director, or agent of any corporation, who willfully participates in such violation, imprisoned for not more than ten years, or both. | ||||
| 15:15:1.2.1.1.1.8.5.2 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | H | Subpart H—Penalties | § 30.71 False or fraudulent reporting on or misuse of the Automated Export System. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16382, Mar. 14, 2013; 88 FR 54237, Aug. 10, 2023; 90 FR 39123, Aug. 14, 2025] | (a) Criminal penalties —(1) Failure to file; submission of false or misleading information. Any person, including USPPIs, authorized agents or carriers, who knowingly fails to file or knowingly submits, directly or indirectly, to the U.S. Government, false or misleading export information through the AES, shall be subject to a fine not to exceed $10,000 or imprisonment for not more than five years, or both, for each violation. (2) Furtherance of illegal activities. Any person, including USPPIs, authorized agents, or carriers, who knowingly reports, directly or indirectly, to the U.S. Government any information through or otherwise uses the AES to further any illegal activity shall be subject to account deactivation, a fine not to exceed $10,000, imprisonment for not more than five years, or any or all of these penalties for each violation. (3) Forfeiture penalties. Any person who is convicted under this subpart shall, in addition to any other penalty, be subject to forfeiting to the United States: (i) Any of that person's interest in, security of, claim against, or property or contractual rights of any kind in the goods or tangible items that were the subject of the violation. (ii) Any of that person's interest in, security of, claim against, or property or contractual rights of any kind in tangible property that was used in the export or attempt to export that was the subject of the violation. (iii) Any of that person's property constituting, or derived from, any proceeds obtained directly or indirectly as a result of this violation. (4) Exemption. The criminal fines provided for in this subpart are exempt from the provisions of 18 U.S.C. 3571. (b) Civil penalties —(1) Failure to file violations. A failure to file violation occurs if the government discovers that there is no AES record for an export transaction by the applicable period prescribed in § 30.4 of this part. Any AES record filed later than ten (10) calendar days after the due date will also be considered a failure to file regardles… | ||||
| 15:15:1.2.1.1.1.8.5.3 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | H | Subpart H—Penalties | § 30.72 Civil penalty procedures. | BIS | (a) General. Whenever a civil penalty is sought for a violation of this part, the charged party is entitled to receive a formal complaint specifying the charges and, at his or her request, to contest the charges in a hearing before an administrative law judge. Any such hearing shall be conducted in accordance with 5 U.S.C. 556 and 557. (b) Applicable law for delegated function. If, pursuant to 13 U.S.C. 306, the Secretary delegates functions addressed in this part to another agency, the provisions of law of that agency relating to penalty assessment, remission or mitigation of such penalties, collection of such penalties, and limitations of action and compromise of claims shall apply. (c) Commencement of civil actions. If any person fails to pay a civil penalty imposed under this subpart, the Secretary may request the Attorney General to commence a civil action in an appropriate district court of the United States to recover the amount imposed (plus interest at currently prevailing rates from the date of the final order). No such action may be commenced more than five years after the date the order imposing the civil penalty becomes final. In such action, the validity, amount, and appropriateness of such penalty shall not be subject to review. (d) Remission and mitigation. Any penalties imposed under § 30.71(b)(1) and (b)(2) may be remitted or mitigated, if: (1) The penalties were incurred without willful negligence or fraud; or (2) Other circumstances exist that justify a remission or mitigation. (e) Deposit of payments in General Fund of the Treasury. Any amount paid in satisfaction of a civil penalty imposed under this subpart shall be deposited into the general fund of the Treasury and credited as miscellaneous receipts, other than a payment to remit a forfeiture which shall be deposited into the Treasury Forfeiture fund. | |||||
| 15:15:1.2.1.1.1.8.5.4 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | H | Subpart H—Penalties | § 30.73 Enforcement. | BIS | (a) Department of Commerce. The BIS's OEE may conduct investigations pursuant to this part. In conducting investigations, BIS may, to the extent necessary or appropriate to the enforcement of this part, exercise such authorities as are conferred upon BIS by other laws of the United States, subject, as appropriate, to policies and procedures approved by the Attorney General. (b) Department of Homeland Security (DHS). ICE and CBP may enforce the provisions of this part and ICE, as assisted by CBP may conduct investigations under this part. | |||||
| 15:15:1.2.1.1.1.8.5.5 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | H | Subpart H—Penalties | § 30.74 Voluntary self-disclosure. | BIS | [73 FR 31555, June 2, 2008, as amended at 78 FR 16382, Mar. 14, 2013; 82 FR 18392, Apr. 19, 2017; 88 FR 54237, Aug. 10, 2023; 90 FR 39123, Aug. 14, 2025] | (a) General policy. The Census Bureau strongly encourages disclosure of any violation or suspected violation of the FTR. Voluntary self-disclosure is a mitigating factor in determining what administrative sanctions, if any, will be sought. The Secretary of Commerce has delegated all enforcement authority under 13 U.S.C. Chapter 9, to the BIS and the DHS. (b) Limitations. (1) The provisions of this section apply only when information is provided to the Census Bureau for its review in determining whether to seek administrative action for violations of the FTR. (2) The provisions of this section apply only when information is received by the Census Bureau for review prior to the time that the Census Bureau, or any other agency of the United States Government, has learned the same or substantially similar information from another source and has commenced an investigation or inquiry in connection with that information. (3) While voluntary self-disclosure is a mitigating factor in determining what corrective actions will be required by the Census Bureau and/or whether the violation will be referred to the BIS to determine what administrative sanctions, if any, will be sought, it is a factor that is considered together with all other factors in a case. The weight given to voluntary self-disclosure is within the discretion of the Census Bureau and the BIS, and the mitigating effect of voluntary self-disclosure may be outweighed by aggravating factors. Voluntary self-disclosure does not prevent transactions from being referred to the Department of Justice (DOJ) for criminal prosecution. In such a case, the BIS or the DHS would notify the DOJ of the voluntary self-disclosure, but the consideration of that factor is within the discretion of the DOJ. (4) Any person, including USPPIs, authorized agents, or carriers, will not be deemed to have made a voluntary self-disclosure under this section unless the individual making the disclosure did so with the full knowledge and authorization of senior management. The Census … | ||||
| 15:15:1.2.1.1.1.8.5.6 | 15 | Commerce and Foreign Trade | I | 30 | PART 30—FOREIGN TRADE REGULATIONS | H | Subpart H—Penalties | §§ 30.75-30.99 [Reserved] | BIS | ||||||
| 15:15:1.2.1.1.3.0.5.1 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.1 General. | BIS | [36 FR 905, Jan. 20, 1971, as amended at 49 FR 3980, Feb. 1, 1984; 56 FR 35815, July 29, 1991; 68 FR 42586, July 18, 2003; 91 FR 8071, Feb. 20, 2026] | (a) [Reserved] (b) In accordance with the provisions of the acts authorizing the Department of Commerce to make special statistical surveys and studies, and to perform other specified services upon the payment of the cost thereof, the following fee structure is hereby established. No transcript of any record will be furnished under authority of these acts which would violate existing or future acts requiring that information furnished be held confidential. (c) Requests for age search and citizenship service should be addressed to the Personal Census Search Unit, Data Preparation Division, Bureau of the Census, P.O. Box 1545, Jeffersonville, Indiana 47131. Application forms may be obtained at Department of Commerce field offices or Social Security offices or by writing to the Jeffersonville, Indiana office. (d) If a search is unsuccessful and additional information for a further search is requested by the Census Bureau, such information must be received within 90 days of the request or the case will be considered closed. Additional information received after 90 days must be accompanied by a new fee and will be considered a new request. | ||||||
| 15:15:1.2.1.1.3.0.5.2 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.5 Fee structure for age search and citizenship information. | BIS | [69 FR 45580, July 30, 2004] | 1 The $10.00 for each full schedule requested is in addition to the $65.00 transcript fee. An additional charge of $20.00 per case is charged for expedited requests requiring search results within one day. | ||||||
| 15:15:1.2.1.1.3.0.5.3 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.10 Fee structure for special population censuses. | BIS | [47 FR 18, Jan. 4, 1982] | The Bureau of the Census is authorized to conduct special population censuses at the request of and at the expense of the community concerned. To obtain a special population census, an authorized official of the community should write a letter to the Associate Director for Demographic Fields, Bureau of the Census, Washington, D.C. 20233, requesting detailed information and stating the approximate present population. The Associate Director will reply giving an estimate of the cost and other pertinent information. Title 13, United State Code, section 196, Special Censuses, requires payment to the Bureau of the actual or estimated cost of each such special census. | ||||||
| 15:15:1.2.1.1.3.0.5.4 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.30 [RESERVED] | BIS | ||||||||
| 15:15:1.2.1.1.3.0.5.5 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.40 [RESERVED] | BIS | ||||||||
| 15:15:1.2.1.1.3.0.5.6 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.50 Request for certification. | BIS | [67 FR 54951, Aug. 27, 2002] | (a) Upon request, the Census Bureau certifies certain statistical materials (such as the population and housing unit counts of government entities, published tabulations, maps, and other documents). The Census Bureau charges customers a preset fee for this service according to the kind of certification requested (either an impressed document or an attestation) and the level of difficulty involved in compiling it (easy, moderate, or difficult, determined according to the resources expended) as well as the set cost of the data product (e.g., report or map) to be certified. Certification prices are shown in the following table: Price by Type of Certification (b) There are two forms of certification available: Impressed Documents and Attestation. (1) Impressed documents. An impressed document is one that is certified by impressing the Census Bureau seal on the document itself. The Census Bureau act, Title 13, United States Code, Section 3, provides that the seal of the Census Bureau shall be affixed to all documents authenticated by the Census Bureau and that judicial notice shall be taken of the seal. This process attests that the document on which the seal is impressed is a true and accurate copy of a Census Bureau record. (2) Attestation. Attestation is a more formal process of certification. It consists of a signed statement by a Census Bureau official that the document is authentic and produced or published by the agency, followed by a signed statement of another Census Bureau official witnessing the authority of the first. (c) Requests for certification should be submitted on Form BC-1868(EF), Request for Official Certification, to the Census Bureau by fax, (301) 457-4714 or by e-mail, webmaster@census.gov. Form BC-1868(EF) is available on the Census Bureau's Web site at: http://www.census.gov/mso/www/certification/. A letter request—without Form BC-1868(EF)—will be accepted only if it contains the information necessary to complete a Form BC-1868(EF). No certification request will be processed with… | ||||||
| 15:15:1.2.1.1.3.0.5.7 | 15 | Commerce and Foreign Trade | I | 50 | PART 50—SPECIAL SERVICES AND STUDIES BY THE BUREAU OF THE CENSUS | § 50.60 Request for certification. | BIS | [67 FR 72096, Dec. 4, 2002] | (a) Certification process. Upon request, the Census Bureau certifies population and housing counts of standard governmental units to reflect boundary updates, including new incorporations, annexations, mergers, and so forth. The Census Bureau will produce a certificate, that is, a signed statement by a Census Bureau official attesting to the authenticity of the certified Census 2000 population and housing counts to reflect updates to the legal boundaries of governmental units after those in effect for Census 2000. This service will be a permanent process, but one that will be temporarily suspended during future decennial censuses. Typically, the Census Bureau will suspend this service, and direct its resources to the decennial census, for a total of five years—the two years preceding the decennial census, the decennial census year, and the two years following it. The Census Bureau will issue notices in the Federal Register announcing when it suspends and, in turn, resumes, the service. (1) The Census Bureau charges customers a preset fee for this service according to the amount of work involved in compiling the population and housing counts, as determined by the resources expended to meet customer requirements and the set cost of the product (one certificate). Certification fees may increase somewhat if the customer requests additional original certificates. Each additional certificate costs $35.00. Certification prices are shown in the following table: Description and Estimated Fee (2) [Reserved] (b) Description of certification types. The Census Bureau will process requests for population certificates for standard governmental units, in accordance with the Census Bureau's annual certification schedule or under an expedited certification arrangement. The boundaries for standard governmental units are regularly and customarily updated between decennial censuses by the Census Bureau's geographic support system. These governmental units include a variety of legally defined general- and special-purpose gov… | ||||||
| 15:15:1.2.1.1.5.0.5.1 | 15 | Commerce and Foreign Trade | I | 80 | PART 80—FURNISHING PERSONAL CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES | § 80.1 General requirements. | BIS | [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983; 68 FR 42586, July 18, 2003] | (a) Data from records of decennial census of population questionnaires pertaining to an individual will be released only in accordance with these rules. (b) Census information contains only the responses recorded by the Census enumerator; no changes of any of these entries have been or can be made. (c) Requests for information from decennial census of population records (herein “Census Information”) should be made available on Form BC-600, which is available from offices at the Census Bureau in Suitland, Maryland 20233, and Jeffersonville, Indiana 47131; all county courthouses; Social Security Administration field offices; post offices; and Immigration and Naturalization Service offices. A letter request—without Form BC-600—will be accepted only if it contains the information necessary to complete a Form BC-600. No application will be processed without payment of the required fee as set forth in 15 CFR 50.5. (d) The Bureau may require verification of the identity of the applicant requesting Census information and it may require the applicant to submit the following notarized statement: I, ____________________ (Printed name), do hereby certify that I am the individual to whom the requested record pertains or that I am within the class of persons authorized to act on his behalf in accordance with 15 CFR, Part 80. (Signature) (Date)____________________ In the County of State of On this ______ day of ________, 19____, ____________________ (Name of individual) who is personally known to me, did appear before me and sign the above certificate. (Signature) (Date)____________________ (S) My commission expires I, ____________________ (Printed name), do hereby certify that I am the individual to whom the requested record pertains or that I am within the class of persons authorized to act on his behalf in accordance with 15 CFR, Part 80. On this ______ day of ________, 19____, ____________________ (Name of individual) who is personally known to me, did appear before me and sign the abov… | ||||||
| 15:15:1.2.1.1.5.0.5.2 | 15 | Commerce and Foreign Trade | I | 80 | PART 80—FURNISHING PERSONAL CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES | § 80.2 Rules pertaining to records of the living. | BIS | [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983] | (a) An individual who has attained age 18 may request his or her own Census information. (b) A parent may request Census information for and in behalf of a child who has not reached age 18. The request must be signed by one of the parents. (c) A legal guardian may obtain Census information relating to a ward by submitting a certified copy of the order of guardianship appointment. | ||||||
| 15:15:1.2.1.1.5.0.5.3 | 15 | Commerce and Foreign Trade | I | 80 | PART 80—FURNISHING PERSONAL CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES | § 80.3 Rules applicable to deceased persons and estates. | BIS | [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983] | (a) Census information relating to a deceased person may be released only to a parent, child, grandchild, brother, sister, spouse, insurance beneficiary, or the executor or administrator of a deceased person's estate. The request must be signed by a person entitled to receive the information as provided herein, state the relationship of the applicant to the deceased, and include a certified copy of the death certificate or other adequate proof of death. The request of an executor or administrator must be accompanied by a certified copy of the court order of appointment. (b) Except for a spouse, a person related to the deceased person through marriage, such as an in-law relationship, is not eligible to request Census information on the deceased, whether or not the applicant was a member of the household of the deceased. | ||||||
| 15:15:1.2.1.1.5.0.5.4 | 15 | Commerce and Foreign Trade | I | 80 | PART 80—FURNISHING PERSONAL CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES | § 80.4 Signature of persons unable to sign their name. | BIS | [40 FR 53232, Nov. 17, 1975, as amended at 48 FR 56744, Dec. 23, 1983] | A person requesting Census information who is unable to sign his or her name shall make an “X” mark where signature is required, and the mark must be witnessed by two persons who know the applicant. They must also sign the application certifying the applicant's identity. In the case of such persons who are unable to make an “X” mark, Census information can be released upon receipt of a physician's sworn statement verifying the disability and the written request of a parent, brother, sister, child or a spouse. | ||||||
| 15:15:1.2.1.1.5.0.5.5 | 15 | Commerce and Foreign Trade | I | 80 | PART 80—FURNISHING PERSONAL CENSUS DATA FROM CENSUS OF POPULATION SCHEDULES | §§ 80.5-80.6 [Reserved] | BIS | ||||||||
| 15:15:1.2.1.1.6.0.5.1 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.1 Scope and applicability. | BIS | Between decennial censuses, the Census Bureau annually prepares statistical estimates of the number of people residing in States and their governmental units. In general, these estimates are developed by updating the population counts produced in the most recent decennial census with demographic components of change data and/or other indicators of population change. These rules prescribe the administrative procedure available to governmental units to request a challenge to the most current of these estimates. | |||||||
| 15:15:1.2.1.1.6.0.5.2 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.2 Policy of the Census Bureau. | BIS | It is the policy of the Census Bureau to provide the most accurate population estimates possible given the constraints of resources and available statistical techniques. It is also the policy of the Census Bureau, to the extent feasible, to provide governmental units the opportunity to seek a review of and provide additional data for these estimates and to present evidence relating to the accuracy of the estimates. | |||||||
| 15:15:1.2.1.1.6.0.5.3 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.3 Definitions. | BIS | [88 FR 17705, Mar. 24, 2023, as amended at 91 FR 2855, Jan. 23, 2026] | As used in this part (except where the context clearly indicates otherwise) the following definitions shall apply: (a) Census Bureau means the U.S. Census Bureau, Department of Commerce. (b) Population Estimates Challenge means, in accordance with this part, the process a governmental unit may use to provide additional input data for the Census Bureau's population estimate and the submission of substantive documentation in support thereof. (c) Director means Director of the Census Bureau, or an individual designated by the Director to perform under this part. (d) Population estimate means a statistically developed calculation of the number of people living in a governmental unit to update the preceding census or earlier estimate. (e) A governmental unit means the government of a county, municipality, township, incorporated place, or other minor civil division, which is a unit of general-purpose government below the State. (f) A non-functioning county or statistical equivalent means a sub-State entity that does not function as an active general-purpose governmental unit. This situation exists in Connecticut, Rhode Island, for selected counties in Massachusetts, and for the Census Areas in Alaska. | ||||||
| 15:15:1.2.1.1.6.0.5.4 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.4 [Reserved] | BIS | ||||||||
| 15:15:1.2.1.1.6.0.5.5 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.5 Who may file a request for a challenge. | BIS | A request for a challenge of a population estimate generated by the Census Bureau may be filed only by the chief executive officer or highest elected official of a governmental unit. In those instances where the FSCPE member agency represents a non-functioning county or statistical equivalent, the governor will serve as the chief executive officer or highest elected official. | |||||||
| 15:15:1.2.1.1.6.0.5.6 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.6 When a request for a challenge may be filed. | BIS | [88 FR 17705, Mar. 24, 2023, as amended at 91 FR 2855, Jan. 23, 2026] | (a) A request for a challenge to a population estimate may be filed any time up to 90 days after the release of the estimate by the Census Bureau. Publication by the Census Bureau on its website ( www.census.gov ) shall constitute release. Documentation requesting a challenge of any estimate may also be filed any time up to 90 days after the date the Census Bureau, on its own initiative, revises that estimate. (b) The Census Bureau has the discretion to accept late requests. | ||||||
| 15:15:1.2.1.1.6.0.5.7 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.7 Where to file a request for a challenge. | BIS | A request for a population estimate challenge must be prepared in writing by the governmental unit and filed with the Chief, Population Division, Census Bureau by sending the request via email to POP.challenge@census.gov or to a physical address that the Census Bureau will specify in the updated “Population Estimates Challenge Program Review Guide” to be posted in the census.gov website. The governmental unit must designate a contact person who can be reached by telephone or email during normal business hours should questions arise with regard to the submitted materials. | |||||||
| 15:15:1.2.1.1.6.0.5.8 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.8 Evidence required. | BIS | [88 FR 17705, Mar. 24, 2023, as amended at 91 FR 2855, Jan. 23, 2026] | (a) The governmental unit shall provide whatever evidence it has relevant to the request at the time of filing. The Census Bureau may request further evidence when necessary. The evidence submitted must be consistent with the criteria, standards, and regular processes the Census Bureau employs to generate the population estimate. Currently, the Census Bureau challenge process cannot accept estimates developed from methods different from those used by the Census Bureau. (b) For counties and statistical equivalents, the Census Bureau uses a cohort-component of change method to produce population estimates. Each year, the components of change are updated. These components include births, deaths, migration, and change in the group quarters population. The Census Bureau will consider a challenge based on additional information on one or more of the components of change or about the group quarters population in a locality. (c) For minor civil divisions and incorporated places, the Census Bureau uses a housing unit method to distribute a county population to places within its legal boundaries. The components in this method include housing units estimates, average household population per housing unit, and an estimate of the population in group quarters. The estimation formula was simplified to increase the accuracy of the estimates following the application of differential privacy as per the Census Bureau's new disclosure avoidance framework. As a result, the persons per household (PPH) and occupancy rate components were replaced with the average household population per housing unit. Additionally, the Census Bureau will consider a challenge based on data related to changes in an area's housing stock, such as data on demolitions, condemned units, uninhabitable units, building permits, or mobile home placements or other housing inventory-based data deemed comparable by the Census Bureau. The Census Bureau will also consider a challenge based on additional information about the group quarters population in a locality. … | ||||||
| 15:15:1.2.1.1.6.0.5.9 | 15 | Commerce and Foreign Trade | I | 90 | PART 90—PROCEDURE FOR CHALLENGING POPULATION ESTIMATES | § 90.9 Review of a request for a challenge. | BIS | [91 FR 2855, Jan. 23, 2026] | The Chief, Population Division, Census Bureau, or the Chief's designee shall review the evidence provided with the request for the population estimate challenge, shall work with the governmental unit to verify the data provided by the governmental unit, and evaluate the data to resolve the issues raised by the governmental unit. Thereafter, the Census Bureau shall respond in writing with a decision to accept or deny the challenge. In the event the Census Bureau finds that the population estimate should be updated, it will also post the revised estimate on the Census Bureau's website ( www.census.gov ). | ||||||
| 15:15:1.2.1.1.7.0.5.1 | 15 | Commerce and Foreign Trade | I | 100 | PART 100—SEAL | § 100.1 [Reserved] | BIS | ||||||||
| 15:15:1.2.1.1.7.0.5.2 | 15 | Commerce and Foreign Trade | I | 100 | PART 100—SEAL | § 100.2 Description. | BIS | [91 FR 2855, Jan. 23, 2026] | The approved, official seal of the Census Bureau is as follows: On a shield, an open book beneath which is a lamp of knowledge emitting rays above in base two crossed quills. Around the whole a wreath of single leaves, surrounded by an outer band bearing between two stars the words “U.S. Department of Commerce” in the upper portion and “Bureau of the Census” in the lower portion, the lettering concentric with an inner beaded rim and an outer dentilated rim. | ||||||
| 15:15:1.2.1.1.7.0.5.3 | 15 | Commerce and Foreign Trade | I | 100 | PART 100—SEAL | § 100.3 [Reserved] | BIS | ||||||||
| 15:15:2.1.3.2.1.1.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | A | Subpart A—Purpose | § 700.1 Purpose of this part. | BIS | [79 FR 47563, Aug. 14, 2014, as amended at 89 FR 58970, July 22, 2024] | This part implements the Defense Priorities and Allocations System (DPAS) that is administered by the Department of Commerce, Bureau of Industry and Security. The DPAS implements the priorities and allocations authority of the Defense Production Act (50 U.S.C. 4501 et seq. ), delegated to the Department of Commerce under Executive Order 13603, including use of that authority to support emergency preparedness activities pursuant to Title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq. ), and the priorities authority of the Selective Service Act and related statutes, all with respect to industrial resources. The DPAS establishes procedures for the placement, acceptance, and performance of priority rated contracts and orders (other than contracts of employment) and for the allocation of materials, services, and facilities for approved programs. The guidance and procedures in this part are generally consistent with the guidance and procedures provided in other regulations issued under Executive Order 13603 authority. | |||
| 15:15:2.1.3.2.1.10.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.70 General provisions. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998; 79 FR 47570, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) Compliance actions may be taken for any reason necessary or appropriate to the enforcement or the administration of the Defense Production Act, the Selective Service Act and related statutes, this part, or an official action. Such actions include audits, investigations, or other inquiries. (b) Willful violation of any of the provisions of Title I or section 705 of the Defense Production Act, this part, or an official action of the Department of Commerce, is a criminal act, punishable as provided in sections 103 and 705 of the Defense Production Act. | |||
| 15:15:2.1.3.2.1.10.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.71 Audits and investigations. | BIS | [79 FR 47570, Aug. 14, 2014, as amended at 89 FR 58976, July 22, 2024] | (a) Audits and investigations are official actions involving the examination of books, records, documents, other writings, and information to ensure that the provisions of the Defense Production Act, the Selective Service Act and related statutes, and this part have been properly followed. An audit or investigation may also include interviews and a systems evaluation to detect problems or failures in the implementation of this part. (b) When undertaking an audit, investigation, or other inquiry, the Department of Commerce shall: (1) Define the scope and purpose in the official action given to the person under investigation, and (2) Have ascertained that the information sought or other adequate and authoritative data are not available from any Federal or other responsible agency. (c) In administering this part, the Department of Commerce may issue the following documents, which constitute official actions: (1) Administrative subpoenas. An administrative subpoena requires a person to appear as a witness before an official designated by the Department of Commerce to testify under oath on matters of which that person has knowledge relating to the enforcement or the administration of the Defense Production Act, the Selective Service Act and related statutes, or this part. An administrative subpoena may also require the production of books, papers, records, documents and physical objects or property. (2) Demand for information. A demand for information requires a person to furnish to a duly authorized representative of the Department of Commerce any information necessary or appropriate to the enforcement or the administration of the Defense Production Act, the Selective Service Act, or this part. (3) Inspection authorizations. An inspection authorization requires a person to permit a duly authorized representative of the Department of Commerce to interview the person's employees or agents, to inspect books, records, documents, other writings and information in the person's possession or control at the plac… | |||
| 15:15:2.1.3.2.1.10.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.72 Compulsory process. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998; 67 FR 45633, July 10, 2002; 71 FR 39528, July 13, 2006; 79 FR 47570, Aug. 14, 2014] | (a) If a person refuses to permit a duly authorized representative of the Department of Commerce to have access to any premises or source of information necessary to the administration or enforcement of the Defense Production Act or this part, the Department of Commerce may seek compulsory process. Compulsory process means the institution of appropriate legal action, including ex parte application for an inspection warrant or its equivalent, in any forum of appropriate jurisdiction. (b) Compulsory process may be sought in advance of an audit, investigation, or other inquiry, if, in the judgment of the Director of the Office of Strategic Industries and Economic Security, U.S. Department of Commerce, in consultation with the Chief Counsel for Industry and Security, U.S. Department of Commerce, there is reason to believe that a person will refuse to permit an audit, investigation, or other inquiry, or that other circumstances exist which make such process desirable or necessary. | |||
| 15:15:2.1.3.2.1.10.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.73 Notification of failure to comply. | BIS | [79 FR 47570, Aug. 14, 2014] | (a) At the conclusion of an audit, investigation, or other inquiry, or at any other time, the Department of Commerce may inform the person in writing where compliance with the requirements of the Defense Production Act, the Selective Service Act and related statutes, or this part were not met. (b) In cases where the Department of Commerce determines that failure to comply with the provisions of the Defense Production Act, the Selective Service Act and related statutes, or this part was inadvertent, the person may be informed in writing of the particulars involved and the corrective action to be taken. Failure to take corrective action may then be construed as a willful violation of the Defense Production Act, this part, or an official action. | |||
| 15:15:2.1.3.2.1.10.1.5 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.74 Violations, penalties, and remedies. | BIS | [79 FR 47571, Aug. 14, 2014, as amended at 89 FR 58976, July 22, 2024] | (a) Willful violation of the provisions of Title I or sections 705 or 707 of the Defense Production Act, the priorities provisions of the Selective Service Act and related statutes or this part is a crime and upon conviction, a person may be punished by fine or imprisonment, or both as provided in sections 103 and 705 of the Defense Production Act and in section 468(f) of the Selective Service Act. (b) The government may also seek an injunction from a court of appropriate jurisdiction to prohibit the continuance of any violation of, or to enforce compliance with, the Defense Production Act, this part, or an official action. (c) In order to secure the effective enforcement of the Defense Production Act, this part, and official actions, the following are prohibited (see section 704 of the Defense Production Act; see e.g., sections 2 and 371 of Title 18 United States Code): (1) No person may solicit, influence or permit another person to perform any act prohibited by, or to omit any act required by, the Defense Production Act, this part, or an official action. (2) No person may conspire or act in concert with any other person to perform any act prohibited by, or to omit any act required by, the Defense Production Act, this part, or an official action. (3) No person shall deliver any item if the person knows or has reason to believe that the item will be accepted, redelivered, held, or used in violation of the Defense Production Act, this part, or an official action. In such instances, the person must immediately notify the Department of Commerce that, in accordance with this section, delivery has not been made. | |||
| 15:15:2.1.3.2.1.10.1.6 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | J | Subpart J—Compliance | § 700.75 Compliance conflicts. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, June 11, 1998] | If compliance with any provision of the Defense Production Act, the Selective Service Act and related statutes, this regulation, or an official action would prevent a person from filling a rated order or from complying with another provision of the Defense Production Act, this regulation, or an official action, the person must immediately notify the Department of Commerce for resolution of the conflict. | |||
| 15:15:2.1.3.2.1.11.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | K | Subpart K—Adjustments, Exceptions, and Appeals | § 700.80 Adjustments or exceptions. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, 31925, June 11, 1998; 79 FR 47571, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) A person may submit a request to the Office of Strategic Industries and Economic Security, U.S. Department of Commerce, for an adjustment or exception on the ground that: (1) A provision of this part or an official action results in an undue or exceptional hardship on that person not suffered generally by others in similar situations and circumstances; or (2) The consequence of following a provision of this part or an official action is contrary to the intent of the Defense Production Act, the Selective Service Act and related statutes, or this part. (b) Each request for adjustment or exception must be in writing and contain a complete statement of all the facts and circumstances related to the provision of this part or official action from which adjustment is sought and a full and precise statement of the reasons why relief should be provided. (c) The submission of a request for adjustment or exception shall not relieve any person from the obligation of complying with the provisions of this part or official action in question while the request is being considered unless such interim relief is granted in writing by the Office of Strategic Industries and Economic Security. The Office of Strategic Industries and Economic Security shall respond to requests for adjustment of or exceptions to compliance with the provisions of this part or an official action within twenty-five (25) days, not including Saturdays, Sundays or Government holidays, of the date of receipt. (d) A decision of the Office of Strategic Industries and Economic Security under this section may be appealed to the Assistant Secretary for Export Administration, U.S. Department of Commerce. (For information on the appeal procedure, see § 700.81.) | |||
| 15:15:2.1.3.2.1.11.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | K | Subpart K—Adjustments, Exceptions, and Appeals | § 700.81 Appeals. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31925, June 11, 1998; 71 FR 39528, July 13, 2006; 79 FR 47571, Aug. 14, 2014; 89 FR 58976, July 22, 2024] | (a) Any person who has had a request for adjustment or exception denied by the Office of Strategic Industries and Economic Security under § 700.80, may appeal to the Assistant Secretary for Export Administration, Department of Commerce, who shall review and reconsider the denial. Such appeals should be submitted to the Office of the Assistant Secretary for Export Administration, Bureau of Industry and Security, Department of Commerce, Room 3886, Washington, DC 20230, Ref: DPAS Appeals. (b) Appeals of denied requests for exceptions from or adjustments to compliance with the provisions of this part or an official action must be received by the Assistant Secretary for Export Administration no later than forty-five (45) days after receipt of a written notice of denial from the Office of Strategic Industries and Economic Security. After this forty-five (45) day period, an appeal may be accepted at the discretion of the Assistant Secretary for Export Administration. (c) Each appeal must be in writing and contain a complete statement of all the facts and circumstances related to the action appealed from and a full and precise statement of the reasons the decision should be modified or reversed. (d) In addition to the written materials submitted in support of an appeal, an appellant may request, in writing, an opportunity for an informal hearing. This request may be granted or denied at the discretion of the Assistant Secretary for Export Administration. (e) When a hearing is granted, the Assistant Secretary for Export Administration may designate an employee of the Department of Commerce to conduct the hearing and to prepare a report. The hearing officer shall determine all procedural questions and impose such time or other limitations deemed reasonable. In the event that the hearing officer decides that a printed transcript is necessary, all expenses shall be borne by the appellant. (f) When determining an appeal, the Assistant Secretary for Export Administration may consider all information submitted during the a… | |||
| 15:15:2.1.3.2.1.12.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.90 Protection against claims. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47571, Aug. 14, 2014] | A person shall not be held liable for damages or penalties for any act or failure to act resulting directly or indirectly from compliance with any provision of this part, or an official action, notwithstanding that such provision or action shall subsequently be declared invalid by judicial or other competent authority. | |||
| 15:15:2.1.3.2.1.12.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.91 Records and reports. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31924, 31925, June 11, 1998; 79 FR 47571, Aug. 14, 2014] | (a) Persons are required to make and preserve for at least three years, accurate and complete records of any transaction covered by this part (OMB control number 0694-0053) or an official action. (b) Records must be maintained in sufficient detail to permit the determination, upon examination, of whether each transaction complies with the provisions of this part or any official action. However, this part does not specify any particular method or system to be used. (c) Records required to be maintained by this part must be made available for examination on demand by duly authorized representatives of the Department of Commerce as provided in § 700.71. (d) In addition, persons must develop, maintain, and submit any other records and reports to the Department of Commerce that may be required for the administration of the Defense Production Act, the Selective Service Act and related statutes, and this part. (e) Section 705(d) of the Defense Production Act provides that information obtained under this section which the President deems confidential, or with reference to which a request for confidential treatment is made by the person furnishing such information, shall not be published or disclosed unless the President determines that the withholding of this information is contrary to the interest of the national defense. Information required to be submitted to the Department of Commerce in connection with the enforcement or administration of the Act, this part, or an official action, is deemed to be confidential under section 705(d) of the Act and shall not be published or disclosed except as required by law. | |||
| 15:15:2.1.3.2.1.12.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.92 Applicability of this part and official actions. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47571, Aug. 14, 2014] | (a) This part and all official actions, unless specifically stated otherwise, apply to transactions in any state, territory, or possession of the United States and the District of Columbia. (b) This part and all official actions apply not only to deliveries to other persons but also include deliveries to affiliates and subsidiaries of a person and deliveries from one branch, division, or section of a single entity to another branch, division, or section under common ownership or control. (c) This part and its schedules shall not be construed to affect any administrative actions taken by the Department of Commerce, or any outstanding contracts or orders placed pursuant to any of the regulations, orders, schedules or delegations of authority under the Defense Materials System and Defense Priorities System previously issued by the Department of Commerce. Such actions, contracts, or orders shall continue in full force and effect under this part unless modified or terminated by proper authority. (d) The repeal of any provision of this part, orders, schedules and delegations of authority of the Defense Materials System (DMS) and Defense Priorities System (DPS) shall not have the effect to release or extinguish any penalty or liability incurred under the DMS/DPS. The DMS/DPS shall be treated as still remaining in force for the purpose of sustaining any action for the enforcement of such penalty or liability. | |||
| 15:15:2.1.3.2.1.12.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | L | Subpart L—Miscellaneous Provisions | § 700.93 Communications. | BIS | [89 FR 58976, July 22, 2024] | General communications concerning this part, including how to obtain copies of this part, explanatory information, and requests for guidance or clarification, may be addressed to the Office of Strategic Industries and Economic Security, Room 3876, Department of Commerce, 1401 Constitution Ave. NW, Washington, DC 20230, Ref: DPAS; Telephone (202) 482-3634, email DPAS@bis.doc.gov. Request for special priorities assistance under § 700.50, adjustments or exceptions under § 700.80, or appeals under § 700.81, must be submitted in the manner specified in those sections. | |||
| 15:15:2.1.3.2.1.2.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | B | Subpart B—Overview | § 700.2 Introduction. | BIS | [89 FR 58970, July 22, 2024] | (a) Certain national defense and energy programs (including military, emergency preparedness, homeland security, and critical infrastructure protection and restoration activities) may be eligible for priorities and allocations support as determined by a Determination Department. (b) The Department of Commerce administers the DPAS and may exercise priorities and allocations authority to ensure the timely delivery of industrial resources to meet approved program requirements. (c) The Department of Commerce has delegated authority to place priority ratings on contracts or orders necessary or appropriate to promote the national defense to certain government agencies that issue such contracts or orders. Such delegations include authority to authorize recipients of rated orders to place ratings on contracts or orders to contractors, subcontractors, and suppliers. Schedule I to this part includes a list of agencies to which the Department of Commerce has delegated authority. The Department of Commerce is also listed as an agency for programs where its authorization is necessary to place rated orders. | |||
| 15:15:2.1.3.2.1.2.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | B | Subpart B—Overview | § 700.3 Priority ratings and rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31921, June 11, 1998; 79 FR 47563, Aug. 14, 2014; 89 FR 58970, July 22, 2024] | (a) Rated orders are identified by a priority rating, which consists of a rating symbol (DO or DX), and a program identification symbol. Rated orders take precedence over all unrated orders as necessary to meet required delivery dates. Rating symbols indicate the level of priority. Among rated orders, DX rated orders take precedence over DO rated orders. Program identification symbols indicate which approved program is attributed to the rated order. (b) Persons receiving rated orders must give them preferential treatment as required by this part. (c) All rated orders must be scheduled to the extent possible to ensure delivery by the required delivery date. (d) Persons who receive rated orders must in turn place rated orders with their suppliers for the industrial resources they need to fill the orders. This provision ensures that suppliers will give priority treatment to rated orders from contractor to subcontractor to suppliers throughout the procurement chain. (e) Persons may place a priority rating on orders only when they are in receipt of a rated order, have been explicitly authorized to do so by the Department of Commerce or a Delegate Agency, or are otherwise permitted to do so by this part. | |||
| 15:15:2.1.3.2.1.2.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | B | Subpart B—Overview | §§ 700.4-700.7 [Reserved] | BIS | |||||
| 15:15:2.1.3.2.1.3.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | C | Subpart C—Definitions | § 700.8 Definitions. | BIS | [79 FR 47564, Aug. 14, 2014, as amended at 89 FR 58970, July 22, 2024] | The definitions in this section apply throughout this part: Allocation. The control of the distribution of materials, services or facilities for a purpose deemed necessary or appropriate to promote the national defense. Allocation order. An official action to control the distribution of materials, services, or facilities for a purpose deemed necessary or appropriate to promote the national defense. Allotment. An official action that specifies the maximum quantity of a material, service, or facility authorized for a specific use to promote the national defense. Approved program. A program determined in writing as necessary or appropriate for priorities and allocations support to promote the national defense by the Secretary of Defense, the Secretary of Energy, or the Secretary of Homeland Security, under the authority of the Defense Production Act and Executive Order 13603, or the Selective Service Act and Executive Order 12742. Construction. The erection, addition, extension, or alteration of any building, structure, or project, using materials or products which are to be an integral and permanent part of the building, structure, or project. Construction does not include maintenance and repair. Critical infrastructure. Any systems and assets, whether physical or cyber-based, so vital to the United States that the degradation or destruction of such systems and assets would have a debilitating impact on national security, including, but not limited to, national economic security and national public health or safety. Defense Production Act. The Defense Production Act of 1950, as amended (50 U.S.C. 4501 et seq. ). Delegate Agency. A government agency authorized by delegation from the Department of Commerce to place priority ratings on contracts or orders needed to support approved programs. Determination Department. Any of the three Federal departments whose head is delegated authority by the President under section 202 of Executive Order 13603 to determine in writing that a program is necessary or… | |||
| 15:15:2.1.3.2.1.4.1.1 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.10 Authority. | BIS | [79 FR 47565, Aug. 14, 2014, as amended at 89 FR 58971, July 22, 2024] | (a) Delegations to the Department of Commerce. The priorities and allocations authorities of the President under Title I of the Defense Production Act with respect to industrial resources have been delegated to the Secretary of Commerce under Executive Order 13603 of March 16, 2012 (3 CFR, 2012 Comp., p. 225). The priorities authorities of the President under the Selective Service Act and related statutes with respect to industrial resources have also been delegated to the Secretary of Commerce under Executive Order 12742 of January 8, 1991 (3 CFR, 1991 Comp. 309). (b) Delegations by the Department of Commerce. The Department of Commerce has authorized the Delegate Agencies to assign priority ratings to orders for industrial resources needed for use in approved programs. (c) Jurisdiction limitations. (1) The priorities and allocations authority for certain items have been delegated under Executive Order 13603, other executive orders, or Interagency Memoranda of Understanding between other agencies. Unless otherwise agreed to by the concerned agencies, the provisions of this part are not applicable to: (i) Food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer (delegated to the Department of Agriculture); (ii) All forms of energy (delegated to the Department of Energy); (iii) Health resources (delegated to the Department of Health and Human Services); (iv) All forms of civil transportation (delegated to the Department of Transportation); and (v) Water resources (delegated to the Department of Defense/U.S. Army Corps of Engineers). (2) The priorities and allocations authority set forth in this part may not be applied to communications services subject to Executive Order 13618 of July 6, 2012—Assignment of National Security and Emergency Preparedness Communications Functions (3 CFR, 2012 Comp., p. 273). | |||
| 15:15:2.1.3.2.1.4.1.2 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.11 Priority ratings. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31922, June 11, 1998; 71 FR 39528, July 13, 2006; 79 FR 47565, Aug. 14, 2014; 89 FR 58971, July 22, 2024] | (a) Levels of priority. (1) There are two levels of priority established by this regulation, identified by the rating symbols “DO” and “DX.” (2) All DO rated orders have equal priority with each other and take preference over unrated orders. All DX rated orders have equal priority with each other and take preference over DO rated orders and unrated orders. (For resolution of conflicts among rated orders of equal priority, see § 700.14(c).) (3) In addition, a Directive issued by Commerce takes preference over any DX rated order, DO rated order, or unrated order, as stipulated in the Directive. (For a full discussion of Directives, see § 700.62.) (b) Program identification symbols. Program identification symbols indicate which approved program is being supported by a rated order. The list of approved programs and their identification symbols is found in schedule I to this part. For example, A1 identifies defense aircraft programs and A7 signifies defense electronic and communications equipment programs. Program identification symbols, in themselves, do not connote any priority. (c) Priority ratings. A priority rating consists of the rating symbol—DO and DX—and the program identification symbol, such as A1, A7, or N1. Thus, a contract for the production of an aircraft will contain a DO-A1 or DX-A1 priority rating. A contract for a radar set will contain a DO-A7 or DX-A7 priority rating. | |||
| 15:15:2.1.3.2.1.4.1.3 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.12 Elements of a rated order. | BIS | [79 FR 47565, Aug. 14, 2014, as amended at 89 FR 58971, July 22, 2024] | (a) Elements required for all rated orders. (1) The appropriate priority rating and program identification symbol ( e.g., DO-A1, DX-A2, DO-N1). (2) A required delivery date or dates. The words “immediately” or “as soon as possible” do not constitute a delivery date. When a “requirements contract,” “basic ordering agreement,” “prime vendor contract,” or similar procurement document bearing a priority rating contains no specific delivery date or dates, but provides for the furnishing of items from time-to-time or within a stated period against specific purchase orders, such as “calls,” “requisitions,” and “delivery orders,” the purchase orders supporting such contracts or agreements must specify a required delivery date or dates and are to be considered as rated as of the date of their receipt by the supplier and not as of the date of the original procurement document. (3) The written signature on a manually placed order, or the digital signature or name on an electronically placed order, of an individual authorized to sign rated orders for the person placing the order. The signature, manual or digital, certifies that the rated order is authorized under this part and that the requirements of this part are being followed. (4) A statement that reads in substance: “This is a rated order certified for national defense use and you are required to follow all the provisions of the Defense Priorities and Allocations System regulation (15 CFR part 700).” (b) Additional element required for certain emergency preparedness rated orders. If a rated order is placed for the purpose of emergency preparedness requirements and expedited action is necessary or appropriate to meet these requirements, the following statement must be included in the order: “This rated order is placed for the purpose of emergency preparedness. It must be accepted or rejected within [Insert a time limit no less than the minimum applicable time limit specified in § 700.13(d)(2)].” | |||
| 15:15:2.1.3.2.1.4.1.4 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.13 Acceptance and rejection of rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31922, June 11, 1998; 70 FR 10864, Mar. 7, 2005; 79 FR 47565, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) Mandatory acceptance. (1) Except as otherwise specified in this section, a person shall accept every rated order received and must fill such orders regardless of any other rated or unrated orders that have been accepted. (2) A person shall not discriminate against rated orders in any manner such as by charging higher prices or by imposing different terms and conditions than for comparable unrated orders. (b) Mandatory rejection. Unless otherwise directed by Commerce: (1) A person shall not accept a rated order for delivery on a specific date if unable to fill the order by that date. However, the person must inform the customer of the earliest date on which delivery can be made and offer to accept the order on the basis of that date. Scheduling conflicts with previously accepted lower rated or unrated orders are not sufficient reason for rejection under this section. (2) A person shall not accept a DO rated order for delivery on a date which would interfere with delivery of any previously accepted DO or DX rated orders. However, the person must offer to accept the order based on the earliest delivery date otherwise possible. (3) A person shall not accept a DX rated order for delivery on a date which would interfere with delivery of any previously accepted DX rated orders, but must offer to accept the order based on the earliest delivery date otherwise possible. (4) If a person is unable to fill all the rated orders of equal priority status received on the same day, the person must accept, based upon the earliest delivery dates, only those orders which can be filled, and reject the other orders. For example, a person must accept order A requiring delivery on December 15 before accepting order B requiring delivery on December 31. However, the person must offer to accept the rejected orders based on the earliest delivery dates otherwise possible. (c) Optional rejection. Unless otherwise directed by Commerce, rated orders may be rejected in any of the following cases as long as a supplier does not dis… | |||
| 15:15:2.1.3.2.1.4.1.5 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.14 Preferential scheduling. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31922, June 11, 1998; 79 FR 47566, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) A person must schedule operations, including the acquisition of all needed production items, in a timely manner to satisfy the delivery requirements of each rated order. Modifying production or delivery schedules is necessary only when required delivery dates for rated orders cannot otherwise be met. (b) DO rated orders must be given production preference over unrated orders, if necessary to meet required delivery dates, even if this requires the diversion of items being processed or ready for delivery against unrated orders. Similarly, DX rated orders must be given preference over DO rated orders and unrated orders. (c) Conflicting rated orders. (1) If a person finds that delivery or performance against any accepted rated orders conflicts with the delivery or performance against other accepted rated orders of equal priority status, the person shall give preference to the conflicting orders in the sequence in which they are to be delivered or performed (not to the receipt dates). If the conflicting rated orders are scheduled to be delivered or performed on the same day, the person shall give preference to those orders which have the earliest receipt dates. (2) If a person is unable to resolve rated order delivery or performance conflicts under this section, the person should promptly seek special priorities assistance as provided in subpart H of this part. If the person's customer objects to the rescheduling of delivery or performance of a rated order, the customer should promptly seek special priorities assistance as provided in subpart H of this part. For any rated order against which delivery or performance will be delayed, the person must notify the customer as provided in § 700.13(d)(3). (d) If a person is unable to purchase needed production items in time to fill a rated order by its required delivery date, the person must fill the rated order by using inventoried production items. A person who uses inventoried items to fill a rated order may replace those items with the use of a rated order as pr… | |||
| 15:15:2.1.3.2.1.4.1.6 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.15 Extension of priority ratings. | BIS | [89 FR 58972, July 22, 2024] | (a) A person must use rated orders with suppliers to obtain industrial resources needed to fill a rated order. All elements of a rated order outlined in section 700.12 must be included on the rated order. The person must use the priority rating indicated on the customer's rated order, except as otherwise provided in this part (see § 700.17) or as directed by the Department of Commerce. Example: If a person is in receipt of a rated order with a priority rating of DO-A3 for a navigation system and needs to purchase semiconductors for its manufacture, that person must use a DO-A3 priority rating to obtain the needed semiconductors. Example: If a person is in receipt of a rated order with a priority rating of DO-A3 for a navigation system and needs to purchase semiconductors for its manufacture, that person must use a DO-A3 priority rating to obtain the needed semiconductors. (b) The required elements of a rated order outlined in § 700.12 must be included on each successive order placed to obtain industrial resources needed to fill a customer's rated order. Therefore, the inclusion of the rating will continue from contractor to subcontractor to supplier throughout the entire supply chain. (c) A person must use rated orders with suppliers to obtain industrial resources needed to fill an emergency preparedness rated order. That person must require acceptance or rejection, and transmission of that acceptance or rejection by the supplier within the time limit stated in the rated order that is being filled. | |||
| 15:15:2.1.3.2.1.4.1.7 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.16 Changes or cancellations of priority ratings and rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 79 FR 47566, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) The priority rating on a rated order may be changed or cancelled by: (1) An official action of the Department of Commerce; or (2) Written notification from the person who placed the rated order (including a Delegate Agency). (b) If an unrated order is amended so as to make it a rated order, or a DO rating is changed to a DX rating, the supplier must give the appropriate preferential treatment to the order as of the date the change is received by the supplier. (c) An amendment to a rated order that significantly alters a supplier's original production or delivery schedule shall constitute a new rated order as of the date of its receipt. The supplier must accept or reject the amended order according to the provisions of § 700.13. (d) The following amendments do not constitute a new rated order: a change in shipping destination; a reduction in the total amount of the order; an increase in the total amount of the order which has negligible impact upon deliveries; a minor variation in size or design (prior to the start of production); or a change which is agreed upon between the supplier and the customer. (e) A person must cancel any rated orders that the person (or a predecessor in interest) has placed with suppliers or cancel the priority ratings on those orders if the person no longer needs the items in those orders to fill a rated order. (f) A person adding a rating to an unrated order, or changing or cancelling a priority rating must promptly notify all suppliers to whom the order was sent of the addition, change or cancellation. | |||
| 15:15:2.1.3.2.1.4.1.8 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.17 Use of rated orders. | BIS | [49 FR 30414, July 30, 1984. Redesignated at 54 FR 601, Jan. 9, 1989, as amended at 63 FR 31923, June 11, 1998; 79 FR 47566, Aug. 14, 2014; 89 FR 58972, July 22, 2024] | (a) A person must use rated orders to obtain: (1) Items which will be physically incorporated into other items to fill rated orders, including that portion of such items normally consumed, or converted into scrap or by-products, in the course of processing; (2) Containers or other packaging materials required to make delivery of the finished items against rated orders; (3) Services, other than contracts of employment, needed to fill rated orders; and (4) MRO needed to produce the finished items to fill rated orders. However, for MRO, the priority rating used must contain the program identification symbol H7 along with the rating symbol contained on the customer's rated order. For example, a person in receipt of a rated order with a priority rating of DO-A3 rated order, who needs MRO, would place a rated order with a priority rating of DO-H7 rated order with the person's supplier. (b) A person may use a rated order to replace inventoried items (including finished items) if such items were used to fill rated orders, as follows: (1) The order must be placed within ninety (90) days of the date of use of the inventory. (2) A DO rating symbol and the program identification symbol indicated on the customer's rated order must be used on the order. A DX rating symbol may not be used even if the inventory was used to fill a DX rated order. (3) If the priority ratings on rated orders from one customer or several customers contain different program identification symbols, the rated orders may be combined. In this case, the program identification symbol H1 must be used (i.e., DO-H1). (c) A person may combine DX and DO rated orders from one customer or several customers if the items covered by each level of priority are identified separately and clearly. If different program identification symbols are indicated on those rated orders of equal priority, the person must use the program identification symbol H1 (i.e., DO-H1 or DX-H1). (d) Combining rated and unrated orders. (1) A person may combine rated and unrated or… | |||
| 15:15:2.1.3.2.1.4.1.9 | 15 | Commerce and Foreign Trade | VII | A | 700 | PART 700—DEFENSE PRIORITIES AND ALLOCATIONS SYSTEM | D | Subpart D—Industrial Priorities | § 700.18 Limitations on placing rated orders. | BIS | [79 FR 47566, Aug. 14, 2014, as amended at 89 FR 58972, July 22, 2024] | (a) General limitations. (1) A person may not place a rated order pursuant to this part unless the person is in receipt of a rated order, has been explicitly authorized to do so by the Department of Commerce or a Delegate Agency or is otherwise permitted to do so by this part. (2) Rated orders may not be used to obtain: (i) Delivery on a date earlier than needed; (ii) A greater quantity of the item than needed, except to obtain a minimum procurable quantity; (iii) Items in advance of the receipt of a rated order, except as specifically authorized by the Department of Commerce (see § 700.51(c) for information on obtaining authorization for a priority rating in advance of a rated order); or (iv) Any of the following items unless specific priority rating authority has been obtained from a Delegate Agency or the Department of Commerce: (A) Items for plant improvement, expansion, or construction, unless they will be physically incorporated into a construction project covered by a rated order; or (B) Production or construction equipment or items to be used for the manufacture of production equipment (for information on requesting priority rating authority, see § 700.51). (v) Any items related to the development of chemical or biological warfare capabilities or the production of chemical or biological weapons, unless such development or production has been authorized by the President or the Secretary of Defense. (3) Separate rated orders may not be placed solely for obtaining minimum procurable quantities on each order if the minimum procurable quantity would be sufficient to cover more than one rated order. (b) Specific item limitations. Notwithstanding any authorization or requirement to place a rated order stated elsewhere in this part, no person may place a rated order to obtain the following items unless such order is authorized by an official action of the Department of Commerce. (1) Copper raw materials. (2) Crushed stone. (3) Gravel. (4) Sand. (5) Scrap. (6) Slag. (7) Steam heat, central. (… |
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