August 25, 2009
An interim final rule was issued by the Census Bureau which will amend the Foreign Trade Regulations (15 CFR Part 30) to eliminate the option of reporting 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 FTR, the U.S. Principal Party in Interest ("USPPI") or U.S. authorized agent residing or having an office located in the U.S. may enter either (1) an Employer Identification Number ("EIN"), (2) a SSN, or (3) a Dun and Bradstreet Number ("DUNS") when reporting export transactions in AES or AESDirect. As a result of the rule, only an EIN or DUNS will be able to be used.
DUNS are available only to business entities, and EINs are available to both businesses and individuals. Upon implementation of the rule, if the USPPI or the U.S. authorized agent who resides or has an office located in the U.S. does not have an EIN, the USPPI or U.S. authorized agent must obtain an EIN through the Internal Revenue Service's ("IRS") website (http://www.irs.gov/businesses/small/article/0,,id=98350,00.html). 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.
The purpose of the rule is 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 Office of Management and Budget guidance. Census is amending relevant sections of the FTR (sections 30.1(c), 30.3(a), 30.3(e), 30.6(a) and 30.6(b)) to specify the requirements for the reporting of an EIN or DUNS in place of a SSN for identification purposes in the AES and AESDirect.
The Census Bureau is inviting the public to comment on the interim final rule. Comments are due by October 5, 2009.
According to Census, the interim final rule is effective September 4, 2009. However, Census will implement provisions of the rule on December 3, 2009.
For additional information, please refer to the Census interim final rule (published 8/5/09) available at http://edocket.access.gpo.gov/2009/pdf/E9-18728.pdf