EAR Part 758

PART 758
EXPORT CLEARANCE REQUIREMENTS
Sec.

Page

758.1

The Shipper’s Export Declaration (SED)
or Automated Export System (AES) record . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

758.2

Automated Export System (AES) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

758.3

Responsibilities of parties to the transaction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

758.4

Use of export license . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6

758.5

Conformity of Documents and Unloading of Items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7

758.6

Destination control statement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8

758.7

Authority of the Office of Export Enforcement, the Bureau of
Industry and Security, Customs offices and Postmasters in clearing shipments . . . . . . . . . 8

758.8

Return or unloading of cargo at direction of BIS, the Office of
Export Enforcement or Customs Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

758.9

Other applicable laws and regulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

Export Administration Regulations

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Export Clearance Requirements

Part 758-page 1

§758.1

classified under a single Schedule B Number (or
Harmonized Tariff Schedule number) is over
$2,500, except as exempted by the Foreign Trade
Statistics Regulations (FTSR) in 15 CFR part 30
and referenced in paragraph (c) of this section;

THE SHIPPER’S EXPORT
DECLARATION (SED) OR AUTOMATED
EXPORT SYSTEM (AES) RECORD
(a) The Shipper’s Export Declaration (SED) or
Automated Export System (AES) record
The SED (Form 7525-V, Form 7525-V-Alt, or
Automated Export System record) is used by the
Bureau of Census to collect trade statistics and by
the Bureau of Industry and Security for export
control purposes. The SED or AES record
collects basic information such as the names and
addresses of the parties to a transaction; the
Export Control Classification Number (ECCN)
(when required), the Schedule B number or
Harmonized Tariff Schedule number, the
description, quantity and value of the items
exported; and the license authority for the export.
The SED or the AES electronic equivalent is a
statement to the United States Government that
the transaction occurred as described.
(b) When an SED or AES record is required
Except when the export of items subject to the
EAR is to take place electronically or in an
otherwise intangible form, you must file an SED
or AES record with the United States Government
for items subject to the EAR, including exports by
U.S. mail, in the following situations:
(1) For all exports of items subject to the EAR
that are destined to a country in Country Group
E:1 of Supplement No. 1 to part 740 of the EAR,
regardless of value (see 15 CFR 30.55);

!(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 commodities and mass
market software subject to the EAR when the
value of the commodities or mass market software
Export Administration Regulations

(4) For all exports of items subject to the EAR
that will be transshipped through Canada to a
third destination, where the export would require
an SED or AES record or license if shipped
directly to the final destination from the United
States (see 15 CFR 30.58(c) of the FTSR); or
!(5) For all items exported under authorization
Validated End-User (VEU).
Note to paragraph (b): In addition to the
Shipper’s Export Declaration for exports, the
Bureau of Census Foreign Trade Statistics
Regulations provide for a specific Shipper’s
Export Declaration for In-Transit Goods (Form
7513). See 15 CFR 30.3 and 30.8 of the FTSR.
(c) Exemptions
A complete list of exemptions from the SED or
AES filing requirement is set forth in the FTSR.
Some of these FTSR exemptions have elements in
common with certain EAR License Exceptions.
An FTSR exemption may be narrower than a
License Exception. The following references are
provided in order to direct you to the FTSR
exemptions that relate to EAR License
Exceptions:
(1) License Exception Baggage (BAG), as set
forth in §740.14 of the EAR. See 15 CFR 30.56
of the FTSR;
(2) License Exception Gift Parcels and
Humanitarian Donations (GFT), as set forth in
§740.12 of the EAR. See 15 CFR 30.55(g) of the
FTSR;
(3) License Exception Aircraft and Vessels
(AVS), as set forth in §740.15 of the EAR. See
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Export Clearance Requirements

15 CFR 30.55(l) of the FTSR;
(4) License Exception Governments and
International Organizations (GOV), as set forth
in §740.11 of the EAR. See 15 CFR 30.53 of the
FTSR;
(5) License Exception Technology and Software
Under Restriction (TSR), as set forth in §740.6 of
the EAR. See 15 CFR 30.55(n) of the FTSR; or
(6) License Exception Temporary Imports,
Exports, and Reexports (TMP) “tools of trade”, as
set forth in §740.9(a)(2)(i) of the EAR. See 15
CFR 30.56(b) of the FTSR.
(d) Notation on export documents for exports
exempt from SED or AES record requirements
When an exemption from filing the Shipper’s
Export Declaration or Automated Export System
record applies, the export authority (License
Exception or NLR) of all the items must be
entered on the loading document (e.g., Cargo
Declaration, manifest, bill of lading, (master) air
waybill) by the person responsible for preparing
the document. This requirement is intended to
parallel the Bureau of Census requirement, so that
notations as to the basis for the SED exemption
and the license authority are entered in the same
place and manner (see 15 CFR 30.21 of the FTSR
for detailed requirements). The loading document
must be available for inspection by government
officials, along with the items, prior to lading on
the carrier.
(e) Signing the Shipper’s Export Declaration
or transmitting data via AES
The person who signs the SED must be in the
United States at the time of signing. The person
who transmits data via AES must be a certified
AES participant in accordance with 15 CFR 30.60
of the FTSR. The person who signs the SED or
transmits data via AES, whether exporter (U.S.
principal party in interest) or agent, is responsible
Export Administration Regulations

Part 758-page 2

for the truth, accuracy, and completeness of the
SED or AES record, except insofar as that person
can demonstrate that he or she reasonably relied
on information furnished by others.
(f) The SED or AES record is an
export control document
The SED or AES record is a statement to the U.S.
Government. The SED or AES record is an
export control document as defined in part 772 of
the EAR. False statements made thereon may be
a violation of §764.2(g) of the EAR. When an
SED or AES record is presented to the U.S.
Government, the signer or filer of the SED or
AES record represents the following:
(1) Export of the items described on the SED or
AES record 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 SED or AES record are in
conformity with the contents of any license issued
by BIS, with the possible exception of the
exporter block in routed transactions; and
(3) All information shown on the SED or AES
record is true, accurate, and complete.
(g) Export control information on the
SED or AES record
For each item on the SED or AES record, you
must show the license authority (License number,
License Exception, or No License Required
(NLR)), the Export Control Classification
Number (ECCN) (when required), and the item
description in the designated blocks. The item
description must be stated in Commerce Control
List terms. If those terms are inadequate to meet
Census Bureau requirements, the FTSR requires
that you give enough additional detail to permit
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Export Clearance Requirements

verification of the Schedule B Number (or
Harmonized Tariff Schedule number). The FTSR
also requires separate descriptions of items for
each Schedule B classification (or Harmonized
Tariff Schedule number). See 15 CFR 30.6
(separate SED or AES records), §30.7(l)
(description of items) and §30.9 (separation of
items on the SED) of the FTSR.
(1) Exports under a license. When exporting
under the authority of a license, you must enter on
the SED or AES record the license number and
expiration date (the expiration date is only
required on paper versions of the SED), the
ECCN, and an item description identical to the
item description on the license.
(2) Exports under a License Exception. You
must enter on any required SED or AES record
the ECCN and the correct License Exception
symbol (e.g., LVS, GBS, CIV) for the License
Exception(s) under which you are exporting.
Items temporarily in the United States meeting
the provisions of License Exception TMP, under
§740.9(b)(3), are excepted from this requirement.
See also §740.1(d) of the EAR.
(3) No License Required (NLR) exports. You
must enter on any required SED or AES record
the “NLR” designation when the items to be
exported are subject to the EAR but not listed on
the Commerce Control List (i.e., items are
classified as EAR99), and when the items to be
exported are listed on the CCL but do not require
a license. In addition, you must enter the correct
ECCN on any required SED or AES record for all
items being exported under the NLR provisions
that have a reason for control other than antiterrorism (AT). The designator “TSPA” may be
used, but is not required, when the export consists
of technology or software outside the scope of the
EAR. See §734.7 through §734.11 of the EAR
for TSPA information.
(h) Power of attorney or other written
authorization
Export Administration Regulations

Part 758-page 3

In a “power of attorney” or other written
authorization, authority is conferred upon an
agent to perform certain specified acts or kinds of
acts on behalf of a principal.
(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 to paragraph (h)(1): The Bureau of
Census Foreign Trade Statistics Regulations
impose additional requirements for a power of
attorney or other written authorization. See 15
CFR 30.4(e) of the FTSR.
(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) Submission of the SED or AES record
The SED or AES record must be submitted to the
U.S. Government in the manner prescribed by the
Bureau of Census Foreign Trade Statistics
Regulations (15 CFR Part 30).

§758.2
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Part 758-page 4

AUTOMATED EXPORT SYSTEM (AES)

(b) BIS Option 4 application process

The Census Bureau’s Foreign Trade Statistics
Regulations (FTSR) (15 CFR part 30) contain
provisions for filing Shipper’s Export
Declarations (SEDs) electronically using the
Automated Export System (AES). In order to use
AES, you must apply directly to the Census
Bureau for certification and approval through a
Letter of Intent (see 15 CFR 30.60(b) and
Appendix A to part 30 of the FTSR). Three AES
filing options are available for transmitting
shipper’s export data. Option 1 is the standard
paper filing of the SED, while the other two
options are electronic. Option 2 requires the
electronic filing of all information required for
export prior to export (15 CFR 30.61(a) and
30.63); Option 4 is available only for approved
filers (approval by Census Bureau, Bureau of
Customs and Border Protection, BIS and other
agencies) and requires no information to be
transmitted prior to export, with complete
information transmitted within 10 working days
of exportation (15 CFR 30.61(c) and 30.62).

When AES filers wish to use Option 4 for exports
of items that require a BIS license, those filers
must seek separate approval directly from BIS by
completing a questionnaire and certification.
(Separate BIS approval is not required for the use
of Option 4 in connection with exports that do not
require a BIS license.) The questionnaire and
certification should be mailed to:

(a) Census’ Option 4 application process
Exporters, or agents applying on behalf of an
exporter, may apply for Option 4 filing privileges
by submitting a Letter of Intent to the Census
Bureau in accordance with 15 CFR 30.60(b) and
30.62 of the FTSR. The Census Bureau will
distribute the Letter of Intent to BIS and other
agencies participating in the Option 4 approval
process. Any agency may notify Census that an
applicant has failed to meet its acceptance
standards, and the Census Bureau will provide a
denial letter to the applicant naming the denying
agency. If the Census Bureau receives neither
notification of denial, nor a request for an
extension from the agency within 30 days of the
date of referral of the letter of intent to the
agency, the applicant is deemed to be approved
by that agency. See 15 CFR 30.62(b) of the
FTSR.

Export Administration Regulations

U.S. Department of Commerce
Bureau of Industry and Security
The Office of Enforcement Analysis
14th & Pennsylvania Avenue, N.W.
Room 4065
Washington, D.C. 20230
(1) Questionnaire. The following questions
must be answered based on your experiences over
the past five years. If the answer to either of the
questions is “yes”, it must be followed with a full
explanation. Answering “yes” to either of the
questions will not automatically prevent your
participation in Option 4. BIS will consider the
facts of each case and any remedial action you
have taken to determine whether your reliability
is sufficient to participate in this program.
(i) Have you been charged with, convicted of,
or penalized for, any violation of the EAR or any
statute described in §766.25 of the EAR?
(ii) Have you been notified by any government
official of competent authority that you are under
investigation for any violation of the EAR or any
statute described in §766.25 of the EAR?
(2) Certification. Each applicant must submit a
signed certification as set forth in this paragraph.
The certification will be subject to verification by
BIS.
I (We) certify that I (we) have established
adequate internal procedures and safeguards to
comply with the requirements set forth in the
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Export Clearance Requirements

U.S. Department of Commerce Export
Administration Regulations (EAR) and Foreign
Trade Statistics Regulations (FTSR).
These
procedures and safeguards include means for:
(i) Making a proper determination as to whether
a license is required for a particular export;
(ii) Receipt of notification of approval of the
export license, if required, before the export is
made;
(iii) Compliance with all the terms and
conditions of the license, License Exception, or
NLR provisions of the EAR as applicable;
(iv) Return of revoked or suspended licenses to
BIS in accordance with §750.8(b) of the EAR, if
requested;
(v) Compliance with the destination control
statement provisions of §758.6 of the EAR;
(vi) Compliance with the prohibition against
export transactions that involve persons who have
been denied U.S. export privileges; and

Part 758-page 5

(2) Applicants are denied persons; or
(3) Exports are destined to a country in Country
Group E:1 (Supplement No. 1 to part 740 of the
EAR).
(d) Contacts for assistance
(1) For additional information on the AES in
general, please contact:
Chief Foreign Trade Division
U.S. Census Bureau
Tel: (301) 457-2255
Fax: (301) 457 -2645
(2) For information about BIS’s Option 4
approval process to use AES Option 4 for items
subject to the EAR, contact:
Director, Office of Enforcement Analysis
Bureau of Industry and Security
Tel: (202) 482-4255
Fax: (202) 482-0971

§758.3
(vii) Compliance with the recordkeeping
requirements of part 762 of the EAR.
I (we) agree that my (our) office records and
physical space will be made available for
inspection by the Bureau of the Census, BIS, or
the U.S. Customs Service, upon request.
(c) BIS Option 4 evaluation criteria
BIS will consider the grounds for denial of
Option 4 filing status set forth in 15 CFR
30.62(b)(2) of the FTSR, as well as the additional
grounds for denial set forth in this paragraph
(1)Applicants have not been approved for Option
4 filing privileges by the Census Bureau or other
agency;

Export Administration Regulations

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
The U.S. principal party in interest is the
exporter, except in certain routed transactions.
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Export Clearance Requirements

The exporter must determine licensing authority
(License, License Exception, or NLR), and obtain
the appropriate license or other authorization.
The exporter may hire forwarding or other agents
to perform various tasks, but doing so does not
necessarily relieve the exporter of compliance
responsibilities.
(b) Routed export transactions
All provisions of the EAR, including the end-use
and end-user controls found in part 744 of the
EAR, and the General Prohibitions found in part
736 of the EAR, apply to routed export
transactions. The U.S. principal party in interest
is the exporter and must determine licensing
authority (License, License Exception, or NLR),
and obtain the appropriate license or other
authorization, unless the U.S. principal party in
interest obtains from the foreign principal party in
interest a writing wherein the foreign principal
party in interest expressly assumes responsibility
for determining licensing requirements and
obtaining license authority, making the U.S. agent
of the foreign principal party in interest the
exporter for EAR purposes. One writing may
cover multiple transactions between the same
principals. See §748.4(a)(3) of the EAR.

Part 758-page 6

request, provide the foreign principal party in
interest and its forwarding or other agent with the
correct Export Control Classification Number
(ECCN), or with sufficient technical information
to determine classification. In addition, the U.S.
principal party in interest must provide the
foreign principal party in interest or the foreign
principal’s agent any information that it knows
will affect the determination of license authority,
see §758.1(g) of the EAR.
(d) Power of attorney or other written
authorization
In routed export transactions, a forwarding or
other agent that represents the foreign principal
party in interest, or who applies for a license on
behalf of the foreign principal party in interest,
must obtain a power of attorney or other written
authorization from the foreign principal party in
interest to act on its behalf. See §748.4(b)(2) and
§758.1(h) of the EAR.

§758.4
USE OF EXPORT LICENSE
(a) License valid for shipment from any port

Note to paragraph (b):
For statistical
purposes, the Foreign Trade Statistics Regulations
(15 CFR part 30) have a different definition of
“exporter” from the Export Administration
Regulations. Under the FTSR the “exporter” will
always be the U.S. principal party in interest. For
purposes of licensing responsibility under the
EAR, the U.S. agent of the foreign principal
party in interest may be the “exporter” in a routed
transaction.

An export license issued by BIS authorizes
exports from any port of export in the United
States unless the license states otherwise. Items
that leave the United States at one port, cross
adjacent foreign territory, and reenter the United
States at another port before being exported to a
foreign country, are treated as exports from the
last U.S. port of export.
(b) Shipments against expiring license

(c) Information sharing requirements
In routed export transactions where the foreign
principal party in interest assumes responsibility
for determining and obtaining licensing authority,
the U.S. principal party in interest must, upon
Export Administration Regulations

Any item requiring a license that has not departed
from the final U.S. port of export by midnight of
the expiration date on an export license may not
be exported under that license unless the
shipment meets the requirements of paragraphs
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Export Clearance Requirements

(b)(1) or (2) of this section.
(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

Part 758-page 7

UNLOADING OF ITEMS
(a) Purpose
The purpose of this section is to prevent items
licensed for export from being diverted while in
transit or thereafter. It also sets forth the duties of
the parties when the items are unloaded in a
country other than that of the ultimate consignee
as stated on the export license.
(b) Conformity of documents

(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
If the consignee does not receive an export made
under a license because the carrier failed to
deliver it, the exporter may reship the same or an
identical item, subject to the same limitations as
to quantity and value as described on the license,
to the same consignee and destination under the
same license. If an item is to be reshipped to any
person other than the original consignee, the
shipment is considered a new export and requires
a new license. Before reshipping, satisfactory
evidence of the original export and of the delivery
failure, together with a satisfactory explanation of
the delivery failure, must be submitted by the
exporter to the following address:
Operations Division
Bureau of Industry and Security
U.S. Department of Commerce, Room 2705
14th Street & Pennsylvania Avenue, NW
Washington, D.C. 20230

§758.5
CONFORMITY OF DOCUMENTS AND
Export Administration Regulations

When a license is issued by BIS, the information
entered on related export control documents (e.g.,
the SED or AES record, bill of lading or air
waybill) must be consistent with the license.
(c) Issuance of the bill of lading
or air waybill
(1) Ports in the country of the ultimate
consignee. No person may issue a bill of lading
or air waybill that provides for delivery of
licensed items to any foreign port located outside
the country of the intermediate or the ultimate
consignee named on the BIS license and
Shipper’s Export Declaration (SED) or AES
electronic equivalent.
(2) Optional ports of unloading.
(i) Licensed items. No person may issue a bill
of lading or air waybill that provides for delivery
of licensed items to optional ports of unloading
unless all the optional ports are within the country
of ultimate destination or are included on the BIS
license and SED or AES electronic equivalent.
(ii) Unlicensed items. For shipments of items
that do not require a license, the exporter may
designate optional ports of unloading on the SED
or AES electronic equivalent and other export
control documents, so long as the optional ports
are in countries to which the items could also
have been exported without a license. See also 15
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Export Clearance Requirements

CFR 30.7(h) of the FTSR.
(d) Delivery of items
No person may deliver items to any country other
than the country of the intermediate or ultimate
consignee named on the BIS license and SED or
AES record without prior written authorization
from BIS, except for reasons beyond the control
of the carrier (such as acts of God, perils of the
sea, damage to the carrier, strikes, war, political
disturbances or insurrection).
(e) Procedures for unscheduled unloading
(1) Unloading in country where no license is
required. When items are unloaded in a country
to which the items could be exported without a
license issued by BIS, no notification to BIS is
required. However, any persons disposing of the
items must continue to comply with the terms and
conditions of any License Exception, and with
any other relevant provisions of the EAR.
(2) Unloading in a country where a license is
required.
(i) When items are unloaded in a country to
which the items would require a BIS license, no
person may effect delivery or entry of the items
into the commerce of the country where unloaded
without prior written approval from BIS. The
carrier, in ensuring that the items do not enter the
commerce of the country, may have to place the
items in custody, or under bond or other guaranty.
In addition, the carrier must inform the exporter
and BIS of the unscheduled unloading in a time
frame that will enable the exporter to submit its
report within 10 days from the date of
unscheduled unloading. The exporter must within
10 days of the unscheduled unloading report the
facts to and request authorization for disposition
from BIS using either: mail, fax, or E-mail. The
report to BIS must include:

Part 758-page 8

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. U.S. Department of
Commerce, Bureau of Industry and Security,
Office of Exporter Services, Room 2705, 14th
and Pennsylvania Avenue, NW., Washington,
D.C. 20230; phone number 202-482-0436;
facsimile number 202-482-3322; and E-Mail
address: [email protected].

§758.6
DESTINATION CONTROL STATEMENT
The Destination Control Statement (DCS) must
be entered on the invoice and on the bill of
lading, air waybill, or other export control
document that accompanies the shipment from its
point of origin in the United States to the ultimate
consignee or end-user abroad. The person
responsible for preparation of those documents is
responsible for entry of the DCS. The DCS is
required for all exports from the United States of
items on the Commerce Control List that are not
classified as EAR99, unless the export may be
made under License Exception BAG or GFT (see
part 740 of the EAR). At a minimum, the DCS
must state:
“These commodities, technology or software were
exported from the United States in accordance
with the Export Administration Regulations.
Diversion contrary to U.S. law is prohibited.”

(A) A copy of the manifest of the diverted
Export Administration Regulations

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Export Clearance Requirements

Part 758-page 9

§758.7

authority applies to all exports within the scope of
the Export Administration Act or Export
Administration Regulations whether or not such
exports require a license issued by BIS. The
inspection may include, but is not limited to, item
identification, technical appraisal (analysis), or
both.

AUTHORITY OF THE OFFICE OF
EXPORT ENFORCEMENT, THE
BUREAU OF INDUSTRY AND SECURITY,
CUSTOMS OFFICES AND
POSTMASTERS IN CLEARING
SHIPMENTS
(a) Actions to assure compliance with the EAR
Officials of BIS, the Office of Export
Enforcement, the U.S. Customs Service and
postmasters, including post office officials, are
authorized and directed to take appropriate action
to assure compliance with the EAR. This
includes assuring that:
(1) Exports without a license issued by BIS are
either outside the scope of the license
requirements of the Export Administration
Regulations or authorized by a License
Exception; and
(2) Exports purporting to be authorized by
licenses issued by BIS are, in fact, so authorized
and the transaction complies with the terms of the
license.
(b) Types of actions
The officials designated in paragraph (a) of this
section are authorized to take the following types
of actions:
(1) Inspection of items.
(i) Purpose of inspection. All items declared
for export are subject to inspection for the
purpose of verifying the items specified in the
SED or AES record, or if there is no SED or AES
record, the bill of lading or other loading
document covering the items about to be
exported, and the value and quantity thereof, and
to assure observance of the other provisions of the
Export Administration Regulations.
This
Export Administration Regulations

(ii) Place of inspection. Inspection shall be
made at the place of lading or where officials
authorized to make those inspections are stationed
for that purpose.
(iii) Technical identification. Where, in the
judgment of the official making the inspection,
the item cannot be properly identified, a sample
may be taken for more detailed examination or for
laboratory analysis.
(A) Obtaining samples. The sample will be
obtained by the official making the inspection in
accordance with the provisions for sampling
imported merchandise. The size of the sample
will be the minimum representative amount
necessary for identification or analysis. This will
depend on such factors as the physical condition
of the material (whether solid, liquid, or gas) and
the size and shape of the container.
(B) Notification to exporter and consignee.
When a sample is taken, the exporter (or the
exporter's agent) and the ultimate consignee will
be notified by letter from one of the official
designated in paragraph (a) of this section,
showing the port of export, date of sampling,
export license number (if any) or other
authorization, invoice number quantity of sample
taken, description of item, marks and packing
case numbers, and manufacturer's number for the
item. The original letter will be sent to the
exporter or the exporter's agent, the duplicate will
be placed in the container that had been opened,
and the triplicate will be retained by the
inspecting office.
(C) Disposal of samples. Samples will be
August 6, 2007

Export Clearance Requirements

disposed of in accordance with the U.S. Customs
Service procedure for imported commodities.
(2) Inspection of documents.
(i) General. Officials designated in paragraph
(a) of this section are authorized to require
exporters or their agents, and owners and
operators of exporting carriers or their agents, to
produce for inspection or copying: invoices,
orders, letters of credit, inspection reports,
packing lists, shipping documents and
instructions, correspondence, and any other
relevant documents, as well as furnish other
information bearing upon a particular shipment
being exported or intended to be exported.
(ii) Cartridge and shell case scrap. When
cartridge or shell cases are being exported as
scrap (whether or not they have been heated,
flame-treated, mangled, crushed, or cut) from the
United States, the U.S. Customs Service is
authorized to require the exporter to furnish
information bearing on the identity and
relationships of all parties to the transaction and
produce a copy of the bid offer by the armed
services in order to assure that the terms of the
Export Administration Regulations are being met
and that the material being shipped is scrap.
(3) Questioning of individuals. Officials
designated in paragraph (a) of this section are
authorized to question the owner or operator of an
exporting carrier and the carrier's agent(s), as well
as the exporter and the exporter's agent(s),
concerning a particular shipment exported or
intended to be exported.
(4) Prohibiting lading. Officials designated in
paragraph (a) of this section are authorized to
prevent the lading of items on an exporting carrier
whenever those officials have reasonable cause to
believe that the export or removal from the
United States is contrary to the Export
Administration Regulations.

Export Administration Regulations

Part 758-page 10

(5) Inspection of exporting carrier. The U.S.
Customs Service is authorized to inspect and
search any exporting carrier at any time to
determine whether items are intended to be, or are
being, exported or removed from the United
States contrary to the Export Administration
Regulations. Officials of the Office of Export
Enforcement may conduct such inspections with
the concurrence of the U.S. Customs Service.
(6) Seizure and detention. Customs officers are
authorized, under Title 22 of the United States
Code, section 401, et seq., to seize and detain any
items whenever an attempt is made to export such
items in violation of the Export Administration
Regulations, or whenever they know or have
probable cause to believe that the items are
intended to be, are being, or have been exported
in violation of the EAR. Seized items are subject
to forfeiture. In addition to the authority of
Customs officers to seize and detain items, both
Customs officials and officials of the Office of
Export Enforcement are authorized to detain any
shipment held for review of the SED or AES
record, or if there is no SED or AES record, the
bill of lading or other loading document covering
the items about to be exported, or for physical
inspection of the items, whenever such action is
deemed to be necessary to assure compliance with
the EAR.
(7) Preventing departure of carrier. The U.S.
Customs Service is authorized under Title 22 of
the U. S. Code, section 401, et seq., to seize and
detain, either before or after clearance, any vessel
or vehicle or air carrier that has been or is being
used in exporting or attempting to export any item
intended to be, being, or having been exported in
violation of the EAR.
(8) Ordering the unloading. The U.S. Customs
Service is authorized to unload, or to order the
unloading of, items from any exporting carrier,
whenever the U.S. Customs Service has
reasonable cause to believe such items are
intended to be, or are being, exported or removed
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Export Clearance Requirements

from the United States contrary to the EAR.
(9) Ordering the return of items. If, after
notice that an inspection of a shipment is to be
made, a carrier departs without affording the U.S.
Customs Service, Office of Export Enforcement,
or BIS personnel an adequate opportunity to
examine the shipment, the owner or operator of
the exporting carrier and the exporting carrier's
agent(s) may be ordered to return items exported
on such exporting carrier and make them
available for inspection.
(10) Designating time and place for clearance.
The U.S. Customs Service is authorized to
designate times and places at which U.S. exports
may move by land transportation to countries
contiguous to the United States.

Part 758-page 11

in possession or control of such shipment,
including the exporting carrier, to return or
unload the shipment. Such person must, as
ordered, either:
(1) Return the shipment to the United States or
cause it to be returned or;
(2) 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 prior approval of
BIS. For the purpose of this section, the
furnishing of a copy of the order to any person
included within the definition of exporting carrier
will be sufficient notice of the order to the
exporting carrier.
(c) Requirements regarding shipment
to be unloaded

§758.8
RETURN OR UNLOADING OF CARGO
AT DIRECTION OF BIS, THE OFFICE OF
EXPORT ENFORCEMENT OR CUSTOMS
SERVICE

The provisions of §758.5(b) and (c) of this part,
relating to reporting, notification to BIS, and the
prohibition against unauthorized delivery or entry
of the item into a foreign country, shall apply also
when items are unloaded at a port of call, as
provided in paragraph (b)(2) of this section.

(a) Exporting carrier
(d) Notification
As used in this section, the term “exporting
carrier” includes a connecting or on-forwarding
carrier, as well as the owner, charterer, agent,
master, or any other person in charge of the
vessel, aircraft, or other kind of carrier, whether
such person is located in the United States or in a
foreign country.
(b) Ordering return or unloading
of shipment
Where there are reasonable grounds to believe
that a violation of the Export Administration
Regulations has occurred, or will occur, with
respect to a particular export from the United
States, BIS, the Office of Export Enforcement, or
the U.S. Customs Service may order any person
Export Administration Regulations

Upon discovery by any person included within
the term “exporting carrier,” as defined in
paragraph (a) of this section, that a violation of
the EAR has occurred or will occur with respect
to a shipment on board, or otherwise in the
possession or control of the carrier, such person
must immediately notify both:
(1) The Office of Export Enforcement at the
following address:
Room H-4520
U.S. Department of Commerce
14th Street and Constitution Ave., N.W.
Washington D.C. 20230
Tel: (202) 482 1208
August 6, 2007

Export Clearance Requirements

Part 758-page 12

Fax: (202) 482-0964; and

exports regulated by BIS. Nothing contained in
this part 758 shall relieve any person from
complying with any other law of the United States
or rules and regulations issued thereunder,
including those governing SEDs, AES records,
and manifests, or any applicable rules and
regulations of the Bureau of Customs and Border
Protection or Bureau of Immigration and
Customs enforcement.

(2) The person in actual possession or control of
the shipment.

§758.9
OTHER APPLICABLE LAWS AND
REGULATIONS
The provisions of this part 758 apply only to

Export Administration Regulations

August 6, 2007