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FAQ: Regulations:
Why are the
carriers only now notifying exporters?
Since the carriers are unwilling to lose a client by refusing
freight without the SED, they assume the burden of the penalty.
In order for the carrier to comply, the exporter must also comply,
hence the letter. This is clearly a business decision on the
part of the carrier. Therefore, carriers are reminding all clients
of their responsibilities. The Outbound Informed/Enforced Compliance
Program was initiated by the Customs Outbound Planning Council
(Board of Directors) as a result of vessel carriers complaining
about penalties they were receiving for untimely filing of Shipper's
Export Declarations (SED) and Bills of Lading (BOL). Vessel
carriers admitted that illegal "roll over" was a common industry
practice. "Rollover" also means that the carriers are falsifying
their BOL's and the SED's received by erasing the name of the
ship and the date of exportation and replacing them with false
data. The findings of a Customs audit chartered by the Planning
Council to look into the extent of this practice indicated that
63% of the BOL's and 70% of the SED's were compliant with respect
to the timely filing of these documents. Smaller ports were
more compliant than larger ports. The Informed/Enforced Compliance
Program focuses on bringing the "paper world" back on track.
REG FAQ #0021
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