Cross-Border Transactions Census Bureau Reporting. Susan Bergles AGA 8 th Annual Energy Market Regulation Conference October 8, 2015

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1 Cross-Border Transactions Census Bureau Reporting Susan Bergles AGA 8 th Annual Energy Market Regulation Conference October 8, 2015

2 U.S. Census Bureau - Background U.S. Constitution requires the decennial census be a population count, which began in Congress enacted legislation creating a permanent Census Office within the Department of the Interior, moved to the Department of Commerce and Labor in Commerce and Labor split; Census Bureau was placed in the Dept. of Commerce. Title 13 of the U.S.C. specifies what the Census Bureau shall collect, the requirements to provide data, confidentiality and penalties. Purpose: to collect data including export trade statistics. 2

3 Census Bureau Automated Export System In 2008, the Census Bureau amended its regulations to implement provisions of the Foreign Relations Authorization Act. Requires mandatory filing of electronic export information ( EEI ) through the Automated Export System ( AES ) for all shipments where a Shipper s Export Declaration ( SED ) is required. The data is used for statistical and export control purposes. Civil and criminal penalties for violations. Regulations at 15 C.F.R. part 30. Applies to natural gas exports (unless an exemption applies). 3

4 Census Bureau AES Filing Requirements Regulations require reporting of all exports of physical goods to foreign countries or areas, including free trade zones, from the U.S. Applies to goods moving by any mode of transportation. Applies to export shipments regardless of value, and notwithstanding exemptions, includes shipments requiring an export license issued by any other federal government agency. 15 CFR 30.2(a)(1)(iv)(F). The EEI filing is to be made by the U.S. Principal Party In Interest ( USPPI ), the USPPI s authorized agent, or the authorized agent of the Foreign Principal Party In interest ( FPPI ). Timing is generally prior to export, but for pipelines, within 4 calendar days after the calendar month. 15 CFR Some exclusions may apply. 15 CFR 30.2(d). 4

5 AES Filing Requirements Application to Gas Exports Gas moving across the U.S. border under an import/export authorization from the DOE under section 3 of the NGA is considered a license requiring AES filing. Exports to Canada exempt, but not where goods move under an export license. At first, the application of the CB AES filing requirements to gas exports were not widely known in the gas industry. Once known, it was determined the AES system was not designed to accommodate gas data or shipping methods. Stakeholder group worked on reporting conventions for gas. August 18, 2014 CB and CPB issued a memorandum re: Reporting Conventions for Exports of Natural Gas via Pipeline. 5

6 AES Filing Requirements Application to Gas Exports The USPPI (shipper) must submit the electronic filing within 4 calendar days following the end of each calendar month in which a gas export via pipeline occurs. Filer obtains an Internal Transaction Number ( ITN ). USPPI must provide the pipeline with the ITN, or exemption legend, by the deadline. Pipeline then provides the information to the applicable CBP port with the proof of filing (ITN or exemption) within the same time period. 6

7 AES Reporting Natural Gas Reporting Conventions State of Origin: State where the natural gas leaves the U.S. Port of Export: Nearest CBP port to the actual border crossing location that is valid for a fixed mode of transportation list can be found at AESTIR Appendix D Departure Date: 2 options filed during the month per export, or consolidated. Ultimate Consignee: Person, party or designee that is located in the foreign country and actually receives the export shipment; if unknown, the name and address of the closest hub to the border crossing can be reported. Unit of Quantity: reported in cubic meters: 1 Dth x = 1KM^3 is the conversion rate. Value: Reported as defined in the Foreign Trade Regulations, or using Gas Daily average pricing using the index at the closest GDA point 7

8 AES Reporting Compliance The pipelines are not specifically required to enforce shipper compliance. Penalties 15 CFR part 30 subpart H Criminal penalties: Per violation fine not to exceed $10,000 or imprisonment for not more than 5 years, or both. Civil penalties: Failure to file or delay: Per violation fine not to exceed $1,100 for each day of delinquency beyond the applicable period, but not more than $10,000 per violation. False or misleading filings and other penalties: Per violation fine not to exceed $10,000 per violation in addition to any other penalty imposed by law. Civil Penalty Procedures 15 CFR Enforcement Bureau of Industry and Security s ( BIS ) Office of Export Enforcement ( OEE ), and Dept. of Homeland Security ( DHS ) U.S. Immigration and Customs Enforcement ( ICE ) and CBP officials in the DHS. Voluntary self-disclosure is strongly encouraged. 8

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CUSTOMS (Import/Export) POWER OF ATTORNEY

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