PART 758—EXPORT CLEARANCE REQUIREMENTS AND AUTHORITIES Authority: 50 U.S.C. 4801-4852; 50 U.S.C. 1701 et seq. Source: 61 FR 12852, Mar. 25, 1996, unless otherwise noted. § 758.1 The Electronic Export Information (EEI) filing to the Automated Export System (AES). (a) The Electronic Export Information (EEI) filing to the Automated Export System (AES). (b) When is an EEI filing required to be filed in the AES. (1) For all exports of items subject to the EAR that are destined to a country in Country Group E:1 or E:2 of supplement no. 1 to part 740 of the EAR regardless of value; (2) For all exports subject to the EAR that require submission of a license application, regardless of value or destination; (3) For all exports of 9x515 or “600 series” items enumerated or otherwise described in paragraphs .a through .x of a 9x515 or “600 series” ECCN regardless of value or destination, including exports to Australia, Canada, and the United Kingdom; (4) For all exports under license exception Strategic Trade Authorization (STA); (5) For all exports of commodities and mass market software subject to the EAR when the value of the commodities or mass market software classified under a single Schedule B Number (or HTS) is over $2,500, except as exempted by the Foreign Trade Regulations (FTR) in 15 CFR Part 30 and referenced in paragraph (c) of this section; (6) For all exports of items subject to the EAR that will be transshipped through Australia, Canada, or the United Kingdom to a third destination, where the export would require EEI or license if shipped directly to the final destination from the United States (see 15 CFR 30.36(b)(2) of the FTR); (7) For all items exported under authorization Validated End-User (VEU); (8) For all exports of tangible items subject to the EAR where parties to the transaction, as described in § 748.5(d) through (f) of the EAR, are listed on the Unverified List (supplement no. 6 to part 744 of the EAR), regardless of value or destination; or (9) For all exports, except for exports authorized under License Exception BAG, as set forth in § 740.14 of the EAR, of commodities controlled under ECCNs 0A501.a or .b, 0A506, or 0A507, shotguns with a barrel length less than 18 inches controlled under ECCNs 0A502 or 0A508, or ammunition controlled under ECCN 0A505 except for .c, regardless of value or destination, including exports to Australia, Canada, and the United Kingdom. (10) For all exports of items on the Commerce Control List to the People's Republic of China, Russia, or Venezuela, regardless of value, unless the export may be made under the exemption listed under paragraph (c)(4) of this section. Note 1 to paragraph ( b Paragraph (b)(10) applies to exports to Hong Kong, as this destination is considered a part of the People's Republic of China under the EAR, even if the AES requirements state that the destination filed in EEI is to be listed as Hong Kong. (11) For all exports of items in ECCN 3A069 when destined to a destination in Country Group D. (c) Exemptions. (1) License Exception Baggage (BAG), as set forth in § 740.14 of the EAR. See 15 CFR 30.37(x) of the FTR; Note 1 to paragraph ( c See the export clearance requirements for exports of firearms controlled under ECCNs 0A501.a or .b, 0A506, or 0A507, shotguns with a barrel length less than 18 inches controlled under ECCNs 0A502 or 0A508, or ammunition controlled under ECCN 0A505, authorized under License Exception BAG, as set forth in § 740.14 of the EAR. (2) License Exception Gift Parcels and Humanitarian Donations (GFT), as set forth in § 740.12 of the EAR. See 15 CFR 30.37(h) of the FTR; (3) License Exception Aircraft and Vessels (AVS), as set forth in § 740.15 of the EAR. See 15 CFR 30.37(o) (5) of the FTR; (4) License Exception Governments and International Organizations (GOV), as set forth in § 740.11 of the EAR. See 15 CFR 30.39 and 30.40 of the FTR; (5) License Exception Technology and Software Under Restriction (TSR), as set forth in § 740.6 of the EAR. See 15 CFR 30.37(f) of the FTR; or (6) License Exception Temporary Imports, Exports, and Reexports (TMP) “tools of trade”, as set forth in § 740.9(a)(1) of the EAR. See 15 CFR 30.37(b) of the FTR. (d) Notation on export documents for exports exempt from EEI filing requirements. (e) Filing the Electronic Export Information (EEI to the AES. (f) The EEI is an export control document. (1) Export of the items described on the EEI filing is authorized under the terms and conditions of a license issued by BIS; is in accordance with the terms and conditions of a license exception; is authorized under “NLR” as no license is required for the shipment; or is not subject to the EAR; (2) Statements on the EEI filing are in conformity with the contents of any license issued by BIS, with the possible exception of the USPPI and USPPI identification blocks in routed transactions or any name change approved by BIS in writing in accordance with § 750.7(c)(2) of the EAR; and (3) All information shown on the EEI filing is true, accurate, and complete. (g) Export control information on the EEI filing in AES. (1) Exports under a license. (2) Exports under a license exception. (3) No License Required (NLR) exports. i.e., (4) Exports of firearms and related items. (i) Identifying firearms by manufacturer, model, caliber, and serial number in the EEI filing in AES. (ii) Identifying firearms by “items” level classification or other control descriptor in the EEI filing in AES. See Note 2 to paragraph ( g If a commodity described in this paragraph (g)(4) is exported under License Exception TMP under § 740.9(a)(6) of the EAR for inspection, test, calibration, or repair is not consumed or destroyed in the normal course of authorized temporary use abroad, the commodity must be disposed of or retained in one of the ways specified in § 740.9(a)(14)(i), (ii), or (iii) of the EAR. For example, if a commodity described in this paragraph (g)(4) was destroyed while being repaired after being exported under § 740.9(a)(6), the commodity described in this paragraph (g)(4) would not be required to be returned. If the entity doing the repair returned a replacement of the commodity to the exporter from the United States, the import would not require an EAR authorization. The entity that exported the commodity described in this paragraph (g)(4) and the entity that received the commodity would need to document this as part of their recordkeeping related to this export and subsequent import to the United States. (5) Exports of .z items that meet or exceed the performance parameters of ECCN 3A090 or 4A090. i.e., (h) Power of attorney or other written authorization. (1) An agent must obtain a power of attorney or other written authorization in the following circumstances: (i) An agent that represents a foreign principal party in interest in a routed transaction must obtain a power of attorney or other written authorization that sets forth his authority; and (ii) An agent that applies for a license on behalf of a principal party in interest must obtain a power of attorney or other written authorization that sets forth the agent's authority to apply for the license on behalf of the principal. Note 3 to paragraph ( h The Bureau of Census Foreign Trade Regulations impose additional requirements for a power of attorney or other written authorization. See 15 CFR 30.3(f) of the FTR. (2) This requirement for a power of attorney or other written authorization is a legal requirement aimed at ensuring that the parties to a transaction negotiate and understand their responsibilities. The absence of a power of attorney or other written authorization does not prevent BIS from using other evidence to establish the existence of an agency relationship for purposes of imposing liability. (i) Filing the Electronic Export Information (EEI). [79 FR 4617, Jan. 29, 2014, as amended at 79 FR 32626, June 5, 2014; 79 FR 34221, June 16, 2014; 79 FR 48661, Aug. 18, 2014; 80 FR 3466, Jan. 23, 2015; 80 FR 43319, July 22, 2015; 83 FR 38021, Aug. 3, 2018; 85 FR 4178, Jan. 23, 2020; 85 FR 23465, Apr. 28, 2020; 85 FR 83792, Dec. 23, 2020; 86 FR 46595, Aug. 19, 2021; 88 FR 73497, Oct. 25, 2023; 89 FR 28601, Apr. 19, 2024; 89 FR 34709, Apr. 30, 2024; 90 FR 4615, Jan. 16, 2025; 90 FR 47195, Sept. 30, 2025; 91 FR 46260, July 23, 2026] § 758.2 Automated Export System (AES). The Bureau of the Census' Foreign Trade Regulations (FTR) (15 CFR Part 30) contain provisions for filing Electronic Export Information (EEI) using the Automated Export System (AES). In order to use AES, you must apply directly to the Bureau of the Census (Census Bureau) for certification and approval (see 15 CFR 30.5(a) of the FTR). Two electronic filing options (predeparture and postdeparture) are available for transmitting EEI. Predeparture filing requires that all information be reported in AES prior to export (15 CFR 30.4(a) and (b) of the FTR). Postdeparture filing is available only for approved companies (approved by the Census Bureau, U.S. Customs and Border Protection, and BIS) and requires no information to be transmitted prior to export with complete information reported postdeparture no later than five (5) calendar days after the date of exportation (15 CFR 30.4(c) of the FTR). (a) Census Bureau's postdeparture application process. (b) BIS postdeparture evaluation criteria. (1) Applicants have not been approved for postdeparture filing privileges by the Census Bureau or other agency; (2) Any party to the export transaction is contained on BIS's Denied Party, Entity Lists, [SDN], or Unverified List; (3) Exports are destined to a country in Country Group E:1 or E:2 (supplement no. 1 to part 740 of the EAR); (4) Exports are made under License Exception Strategic Trade Authorization (STA); are made under Authorization Validated End User (VEU); or are of 9x515 or “600 series” items. (5) Exports containing items that require a BIS license or have an ECCN controlled for reasons other than Anti-Terrorism only or Encryption Items. (c) Contacts for assistance. (2) For information about BIS's postdeparture approval process for items subject to the EAR, contact: Director, Office of Technology Evaluation, Bureau of Industry and Security, (202) 482-4933, facsimile: (202) 482-5361. [79 FR 4617, Jan. 29, 2014, as amended at 79 FR 27437, May 13, 2014; 80 FR 43319, July 22, 2015] § 758.3 Responsibilities of parties to the transaction. All parties that participate in transactions subject to the EAR must comply with the EAR. Parties are free to structure transactions as they wish, and to delegate functions and tasks as they deem necessary, as long as the transaction complies with the EAR. However, acting through a forwarding or other agent, or delegating or redelegating authority, does not in and of itself relieve anyone of responsibility for compliance with the EAR. (a) Export transactions. (b) Routed export transactions. unless (c) Information sharing requirements. (d) Power of attorney or other written authorization. [65 FR 42572, July 10, 2000, as amended at 79 FR 4619, Jan. 29, 2014] § 758.4 Use of export license. (a) License valid for shipment from any port. (b) Shipments against expiring license. (1) BIS grants an extension; or (2) Prior to midnight on the date of expiration on the license, the items: (i) Were laden aboard the vessel; (ii) Were located on a pier ready for loading and not for storage, and were booked for a vessel that was at the pier ready for loading; or (iii) The vessel was expected to be at the pier for loading before the license expired, but exceptional and unforseen circumstances delayed it, and BIS or the U.S. Customs Service makes a judgment that undue hardship would result if a license extension were required. (c) Reshipment of undelivered items. (d) Exports against license with approved name changes. [65 FR 42572, July 10, 2000, as amended at 78 FR 13470, Feb. 28, 2013; 79 FR 32626, June 5, 2014] § 758.5 Conformity of documents and unloading of items. (a) Purpose. (b) Conformity of documents. (c) Issuance of the bill of lading or air waybill Ports in the country of the ultimate consignee or end user. (2) Optional ports of unloading Licensed items. (ii) Unlicensed items. (d) Delivery of items. (e) Procedures for unscheduled unloading Unloading in country where no license is required. (2) Unloading in a country where a license is required. (A) A copy of the manifest of the diverted cargo; (B) Identification of the place of unloading; (C) Statement that explains why the unloading was necessary; and (D) A proposal for disposition of the items and a request for authorization for such disposition from BIS. (ii) Contact information. [email protected]. [65 FR 42573, July 10, 2000, as amended at 72 FR 3946, Jan. 29, 2007; 78 FR 13470, Feb. 28, 2013; 78 FR 22726, Apr. 16, 2013; 79 FR 4619, Jan. 29, 2014] § 758.6 Destination control statement and other information furnished to consignees. (a) The exporter must incorporate the following information as an integral part of the commercial invoice whenever items on the Commerce Control List are shipped ( i.e., i.e., (1) The following statement: “These items are controlled by the U.S. Government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations” and (2) The ECCN(s) for any 3A001.z, 3A090, 4A003.z, 4A004.z, 4A005.z, 4A090, 5A002.z, 5A004.z, 5A992.z, 9x515 or “600 series” “items” being shipped ( i.e., Note 1 to paragraph ( a In paragraph (a)(1), the term 'authorized' includes exports, reexports and transfers (in-country) designated under No License Required (NLR). Note 2 to paragraph ( a The phrase 'country of ultimate destination' means the country specified on the commercial invoice where the ultimate consignee or end user will receive the items as an “export.” Note 3 to paragraph ( a The phrase 'or as otherwise authorized by U.S. law and regulations' is included because the EAR contain specific exemptions from licensing ( e.g., (b) [Reserved] [81 FR 54731, Aug. 17, 2016, as amended at 88 FR 73497, Oct. 25, 2023; 89 FR 96818, Dec. 5, 2024] § 758.7 Authorities of the Bureau of Industry and Security, Office of Export Enforcement (OEE). (a) Actions to assure compliance with export laws and regulations. et seq., (1) Exports, reexports, and transfers (in-country) without a license issued by BIS are either outside the scope of the license requirements of the EAR or authorized by a license exception and comply with the terms of the license exception; (2) Exports, reexports, transfers (in-country) purporting to be authorized by licenses issued by BIS are, in fact, so authorized and the transaction complies with the terms of the license; (3) Accurate EEI filings have been made for exports as required by this part, the FTR, and other federal regulations; and (4) The activities of U.S. persons, wherever located, which are subject to a license requirement pursuant to § 744.6 of the EAR, are authorized by and comply with the terms of a BIS license. (b) Types of actions. et seq., (1) Inspection, search, and detention of items Purpose of inspection, search, and detention. (ii) Place of inspection, search, and detention. (iii) Technical identification. (A) Obtaining samples. (B) Notification. (C) Disposal of samples. (2) Inspection and production of books, records, and other information. (3) Questioning of individuals. (4) Prohibiting lading. (5) Inspection, search, and detention of conveyance. (6) Seizure of property. (7) Administrative forfeiture authority. et seq (8) Enforcement activity. (ii) BIS may enter into any such agreements ( e.g., (iii) BIS shall issue additional guidance as necessary to ensure the lawful and orderly execution of the Secretary's authorities. (iv) Nothing in this section is intended to limit or abridge BIS law enforcement officers from exercising their lawful authority in carrying out their official duties. [85 FR 73414, Nov. 18, 2020] § 758.8 Return or unloading of cargo. (a) Carrier. (b) Ordering return or unloading of shipment. (1) Unload the shipment and make it available to OEE officials for search and inspection; or (2) Return the shipment to the United States or cause it to be returned; or (3) Unload the shipment at a port of call and take steps to assure that it is placed in custody under bond or other guaranty not to enter the commerce of any foreign country without the prior approval of BIS. (c) Requirements regarding shipment to be unloaded. (d) Notification. (1) The Office of Export Enforcement at the following address: Room H-4508, U.S. Department of Commerce, 14th Street and Constitution Ave. NW, Washington, DC 20230, Telephone: (202) 482-1208, Facsimile: (202) 482-0964; and (2) The person in actual possession or control of the shipment. [85 FR 73415, Nov. 18, 2020] § 758.9 Other applicable laws and regulations. The provisions of this part apply only to exports, reexports, and transfers (in-country), as well as the activities of U.S. persons described in § 744.6 of the EAR, which are subject to the export laws and regulations administered or enforced by the Secretary. Nothing contained in this part shall relieve any person from complying with any other law of the United States or rules and regulations issued thereunder, including those governing EEI filings to AES, manifests, or any other applicable rules and regulations. [85 FR 73415, Nov. 18, 2020] § 758.10 Entry clearance requirements for temporary imports. (a) Scope. see (1) An authorization under the EAR is not (2) Permanent imports are regulated by the Attorney General under the direction of the Department of Justice's Bureau of Alcohol, Tobacco, Firearms and Explosives (see 28 CFR 0.130; 27 CFR parts 447, 478, 479, and 555). (b) EAR procedures for temporary imports and subsequent exports. (1) At the time of entry into the U.S. of the temporary import: (i) Provide one of the following statements specified in paragraph (b)(1)(i)(A), (B), or (C) of this section to U.S. Customs and Border Protection: (A) “This shipment is being temporarily imported in accordance with the EAR. This shipment will be exported in accordance with and under the authority of License Exception TMP (15 CFR 740.9(b)(5));” (B) “This shipment is being temporarily imported in accordance with the EAR. This shipment will be exported in accordance with and under the authority of License Exception RPL (15 CFR 740.10(b));” or (C) “This shipment is being temporarily imported in accordance with the EAR. This shipment will be exported in accordance with and under the authority of BIS license number (provide the license number) (15 CFR 750.7(a) and 758.4);” (ii) Provide to U.S. Customs and Border Protection an invoice or other appropriate import-related documentation (or electronic equivalents) that includes a complete list and description of the “items” being temporarily imported, including their model, make, caliber, serial numbers, quantity, and U.S. dollar value; (iii) Provide (if temporarily imported for a trade show, exhibition, demonstration, or testing) to U.S. Customs and Border Protection the relevant invitation or registration documentation for the event and an accompanying letter that details the arrangements to maintain effective control of the “items” while they are in the United States; or (iv) Provide (if temporarily imported for servicing or replacement) to U.S. Customs and Border Protection the name, address and contact information (telephone number and/or email) of the organization or individual in the U.S. that will be receiving the item for servicing or replacement). Note 1 to paragraph ( b In accordance with the exclusions in License Exception TMP under § 740.9(b)(5) of the EAR, the entry clearance requirements in § 758.1(b)(9) do not permit the temporary import of: Firearms controlled in ECCN 0A501.a or .b, 0A506 or 0A507 that are shipped from or manufactured in a Country Group D:5 country; or that are shipped from or manufactured in Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, or Uzbekistan (except for any firearm model controlled by 0A501.a or .b, 0A506, or 0A507 that is specified under annex A in supplement no. 4 to part 740 of the EAR); or shotguns with a barrel length less than 18 inches controlled in ECCNs 0A502 or 0A508 that are shipped from or manufactured in a Country Group D:5 country, or from Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, or Uzbekistan, because of the exclusions in License Exception TMP under § 740.9(b)(5). Note 2 to paragraph ( b In accordance with the exclusions in License Exception RPL under § 740.10(b)(4) and supplement no. 2 to part 748, paragraph (z), of the EAR, the entry clearance requirements in § 758.1(b)(9) do not permit the temporary import of: Firearms controlled in ECCN 0A501.a or .b, 0A506, or 0A507 that are shipped from or manufactured in Russia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, or Uzbekistan (except for any firearm model controlled by 0A501.a or .b, 0A506, or 0A507 that is specified under Annex A in supplement no. 4 to part 740 of the EAR); or shotguns with a barrel length less than 18 inches controlled in ECCNs 0A502 or 0A508 that are shipped from or manufactured in Russia, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Turkmenistan, Ukraine, or Uzbekistan, because of the exclusions in License Exception RPL under § 740.10(b)(4) and supplement no. 2 to part 748, paragraph (z), of the EAR. (2) At the time of export, in accordance with the U.S. Customs and Border Protection procedures, the eligible exporter, or an agent acting on the filer's behalf, must as required under § 758.1(b)(9) file the export information with CBP by filing EEI in AES, noting the applicable EAR authorization as the authority for the export, and provide, upon request by CBP, the entry document number or a copy of the CBP document under which the “item” subject to the EAR” on the USMIL was temporarily imported. See [85 FR 4179, Jan. 23, 2020, as amended at 89 FR 34709, Apr. 30, 2024; 89 FR 40372, May 10, 2024; 91 FR 46260, July 23, 2026] § 758.11 Export clearance requirements for firearms and related items. (a) Scope. (b) Required form. (1) Where to obtain the form https://www.cbp.gov/document/forms/form-4457-certificate-registration-personal-effects-taken-abroad. (2) Required “description of articles” for firearms to be included on the CBP Form 4457. For all exports of firearms controlled under ECCNs 0A501.a or .b, 0A506, or 0A507, or shotguns with a barrel length less than 18 inches controlled under ECCNs 0A502 or 0A508, the exporter must provide to CBP the serial number, make, model, and caliber for each firearm being exported by entering this information under the “Description of Articles” field of the CBP Form 4457, Certificate of Registration for Personal Effects Taken Abroad. (c) Where to find additional information on the CBP Form 4457 https://help.cbp.gov/app/answers/detail/a_id/323/∼/traveling-outside-of-the-u.s.-temporarily-taking-a-firearm%2C-rifle%2C-gun%2C. (d) Return of items exported pursuant to this section. [85 FR 4179, Jan. 23, 2020, as amended at 89 FR 28601, Apr. 19, 2024; 89 FR 34710, Apr. 30, 2024]