However, the PHEIC remains required to ensure that the transactions transmitted comply with the country`s export control rules by obtaining written authorization from the FPPI and its U.S. representative to assume the export and all compliance obligations. Without this documentation, the PHEIC remains the responsible party for export compliance. After you see the need for an AESDirect repository for an export shipment, you need to define who should make the deposit. And then there`s an export transaction en route compared to a standard export transaction. The main party in the United States is the exporter, except for certain en route transactions. The exporter must designate the approval authority (License, License Exception or NLR) and obtain the certificate or other authorization. Since exporters are classified as U.S. Principal Party in Interest (PHEIC), we will discuss their responsibilities in more detail. The PHEIC is the person in the United States who obtains the primary monetary or other benefit from the export transaction. (iv) Where a customs agent is a registered importer when transferring goods to the United States for immediate consumption or warehousing, the customs agent may be listed in the IED as a PHEIC if the goods are subsequently exported without modification or improvement.
(2) Responsibilities of the regulated agent. The agent, if authorized by a PHEIC to prepare and submit the IED for an export transaction, is responsible for carrying out the following activities: in a transmitted export transaction, the FPPI accepts the terms of sale with the PHEIC, in which it accepts delivery of the items to the United States for delivery abroad. Since the FPPI is not technically the U.S. exporter, which is requested from the AEOI, it charges a U.S.-based agent, for example. B a carrier, to manage these exports on its behalf. The carrier is responsible for the preparation and presentation of the SED/AES data set. The SED/AES dataset always indicates the name of the PHEIC, but indicates that the operation is a transmitted export transaction. The carrier is also responsible for making available to the PHEIC, upon request, a copy of the documentation necessary to verify whether the information provided by the PHEIC has been provided in the SED or AES dataset. This is usually a copy of the SED (as printed from AES), and all confidential information of the recipient is blacked out.
Therefore, if a foreign customer has consented by agreement to an ex-factory transaction and agrees to assume responsibility for obtaining an export license or other administrative authorization to carry out the export of the goods, the major U.S. party (PHEIC) is exempt from its liability with respect to the legal requirements of the shipment. Given that the PHEIC waived responsibility for the export of the goods in a rounded export transaction, one might think that it also waived responsibility for the bid through AESDirect. And it`s true, scoring up to a point. However, the PHEIC remains obliged to transmit certain information on the export to the party that is the subject of the export. (6) Retention of all necessary and proper documents relating to IED transactions in accordance with the provisions of this Part (see § 30.10 for special requirements for the retention and preparation of documents for export consignments). An export transaction typically includes a U.S. seller designated by Export Administration (AEOI) rules as the principal party of the United States (PHEIC) and a foreign buyer or foreign principal party (FPPI).
In these cases, the PHEIC sends an item from the United States and is responsible for obtaining the necessary export authorizations, including applications for federal export permits. As part of a road-way export operation, where the major foreign party intends to authorize the United States in the interest. . . .