113 STAT. 1501A-506 PUBLIC LAW 106-113—APPENDIX G SEC. 1252. MANDATORY USE OF THE AUTOMATED EXPORT SYSTEM I FOR FILING CERTAIN SHIPPERS' EXPORT DECLARA- TIONS. (a) AUTHORITY.— Section 301 of title 13, United States Code, is amended by adding at the end the following new subsection: "(h) The Secretary is authorized to require by regulation the filing of Shippers' Export Declarations under this chapter through an automated and electronic system for the filing of export information established by the Department of the Treasury.". (b) IMPLEMENTING REGULATIONS. — (1) IN GENERAL.—The Secretary of Commerce, with the concurrence of the Secretary of State, shall publish regulations in the Federal Register to require that, upon the effective date of those regulations, exporters (or their agents) who are required to file Shippers' Export Declarations under chapter 9 of title 13, United States Code, file such Declarations through the Automated Export System with respect to exports of items on the United States Munitions List or the Commerce Control List. (2) ELEMENTS OF THE REGULATIONS. —The regulations referred to in paragraph (1) shall include at a minimum— f (A) provision by the Department of Commerce for the ? establishment of on-line assistance services to be available for those individuals who must use the Automated Export System; (B) provision by the Department of Commerce for ensuring that an individual who is required to use the Automated Export System is able to print out from the System a validated record of the individual's submission, including the date of the submission and a serial number or other unique identifier, where appropriate, for the export transaction; and (C) a requirement that the Department of Commerce f print out and maintain on file a paper copy or other acceptable back-up record of the individual's submission at a location selected by the Secretary of Commerce. (c) EFFECTIVE DATE.— The amendment made by subsection (a) shall take effect 270 days after the Secretary of Commerce, the Secretary of the Treasury, and the Director of the National Institute of Standards and Technology jointly provide a certification to the Committee on Foreign Relations of the Senate and the Committee on International Relations of the House of Representatives that a secure Automated Export System available through the Internet that is capable of handling the expected volume of information required to be filed under subsection (b), plus the anticipated volume from voluntary use of the Automated Export System, has been successfully implemented and tested and is fully functional with respect to reporting all items on the United States Munitions List, including their quantities and destinations. SEC. 1253. VOLUNTARY USE OF THE AUTOMATED EXPORT SYSTEM. It is the sense of Congress that exporters (or their agents) who are required to file Shippers' Export Declarations under chapter 9 of title 13, United States Code, but who are not required under section 1252(b) to file such Declarations using the Automated Export System, should do so.
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