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About Foreign Trade |
Schedule B |
REGULATIONS: Trade Regulations | Seminars | Final rules | Reports | Federal Register Notices | Forms | FTSR Letters
[Federal Register: August 5, 2009 (Volume 74, Number 149)] [Rules and Regulations] [Page 38914-38916] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr05au09-12] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Bureau of the Census 15 CFR Part 30 [Docket Number: 090422707-9708-01] RIN 0607-AA48 Foreign Trade Regulations (FTR): Eliminate the Social Security Number (SSN) as an Identification Number in the Automated Export System (AES) AGENCY: Bureau of the Census, Commerce Department. ACTION: Interim final rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The U.S. Census Bureau (Census Bureau) is amending the Foreign Trade Regulations (FTR) to eliminate the requirement to report a Social Security Number (SSN) as an identification number when registering to file and filing electronic export information in the Automated Export System (AES) or AESDirect. Under the current regulations, the U.S. Principal Party in Interest (USPPI) or U.S. authorized agent residing or having an [[Page 38915]] office located in the United States is required to enter an Employer Identification Number (EIN), SSN, or Dun and Bradstreet Number (DUNS) when reporting export transactions in the AES or AESDirect. An SSN is used as an identification number principally by filers who are individuals. DUNS are available only to business entities, and EINs are available to both businesses and individuals. Upon implementation of this Interim Final Rule, if the USPPI or the U.S. authorized agent who resides or has an office located in the United States does not have an EIN, the USPPI, or U.S. authorized agent must obtain an EIN through the Internal Revenue Service's Web site. Former SSN filers who want to use a DUNS rather than an EIN for identification purposes, must first obtain an EIN from the IRS and apply to Dun & Bradstreet for a DUNS. This rule is being implemented to ensure that a USPPI's or U.S. authorized agent's SSN is protected in accordance with the Privacy Act of 1974, Title 5, United States Code, Section 552a. DATES: Effective Date: This rule is effective September 4, 2009. Implementation Date: The Census Bureau will implement provisions of this rule December 3, 2009. Comment Due Date: Comments on the interim rule should be submitted in writing to the address shown below on or before October 5, 2009 to be considered in the formation of the final rule. ADDRESSES: You may submit your comments to: William G. Bostic, Jr., Chief, Foreign Trade Division, U.S. Census Bureau, 4600 Silver Hill Road, Room 6K032, Washington, DC 20233-6700; by telephone at (301) 763- 2255; by fax at (301) 763-6638; or by e-mail: firstname.lastname@example.org. FOR FURTHER INFORMATION CONTACT: William G. Bostic, Jr., Chief, Foreign Trade Division, U.S. Census Bureau, 4600 Silver Hill Road, Room 6K032, Washington, DC 20233-6700; by telephone at (301) 763-2255; by fax at (301) 763-6638; or by e-mail: email@example.com. SUPPLEMENTARY INFORMATION: Background The Census Bureau is responsible for collecting, compiling, and publishing export and import trade statistics for the United States under the provisions of Title 13, United States Code (U.S.C.), Chapter 9, Section 301(a). To implement this responsibility, the Census Bureau developed the Automated Export System \1\ (AES), an electronic filing system, to allow exporters to submit certain information directly with U.S. Customs Border and Protection (CBP) and the Census Bureau. The AES is also used for export control purposes to detect and prevent the export of certain items by unauthorized parties, destinations or end users. Under the FTR, 15 CFR 30.60(e), this information is exempt from public disclosure unless the Secretary of Commerce or his designee, the Director of the Census Bureau, determines that withholding such information would be contrary to the national interest under the provisions of Title 13, U.S.C., Chapter 9, Section 301(g). --------------------------------------------------------------------------- \1\ References to AES include the AESDirect, a free online version of the AES. --------------------------------------------------------------------------- Through the AES, the Census Bureau collects Electronic Export Information (EEI), the electronic equivalent of the export data formerly collected on the Shipper's Export Declaration. EEI consists of data elements for an export shipment, and includes information such as the exporter's personal identifying information, which includes name, address and identification number, and detailed information concerning the exported product. Pursuant to the requirements of the Privacy Act of 1974 (5 U.S.C. 552a) and guidance from the Office of Management and Budget (OMB), the Census Bureau is amending its regulations to discontinue the collection of the Social Security Number when reporting EEI through the AES or other authorized method. Upon implementation of this rule, the AES will no longer provide the option for using the Social Security Number as an identification number. All USPPIs and U.S. authorized agents who currently report a SSN when filing in the AES, because they do not have or use an EIN or DUNS number, must provide an EIN or DUNS number for identification purposes. EINs are available to both businesses and individuals and can be obtained by registering with the Internal Revenue Service (IRS) at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.irs.gov or by calling (800) 829- 4933 and following the instructions. A DUNS number is available only to business entities with EINs and is available for a fee at Dun and Bradstreet's Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dnb.com/us/. Regulatory Changes To ensure the confidentiality of the USPPI's and the U.S. authorized agent's personal information and to comply with the Privacy Act of 1974 and OMB guidance, the Census Bureau is amending relevant sections of the Foreign Trade Regulations (FTR) to specify the requirements for the reporting of an EIN, or DUNS in place of a Social Security Number for identification purposes in the AES. The Census Bureau is amending the following sections of the FTR:
Source: FTDWebMaster, Foreign
Trade Division, U.S. Census Bureau, Washington, D.C. 20233
Location: MAIN: REGULATIONS:TRADE REGULATIONS
Created: 03 June 2008
Last modified: 13 July 2011 at 08:23:30 AM