Supporting Law/Regulations

Customs & Border Protection, DHS; Treasury
192.4

Liability of carriers.

Subpart B—Filing of Export Information
Through the Automated Export System
(AES)
192.11 Description of the AES.
192.12 Criteria for denial of applications requesting AES post-departure (Option 4)
filing status; appeal procedures.
192.13 Revocation of participant’s AES postdeparture (Option 4) filing privileges; appeal procedures.
192.14 Electronic information for outward
cargo required in advance of departure.
AUTHORITY: 19 U.S.C. 66, 1624, 1646c. Subpart A also issued under 19 U.S.C. 1627a,
1646a, 1646b; subpart B also issued under 13
U.S.C. 303; 19 U.S.C. 2071 note; 46 U.S.C. 91.
SOURCE: T.D. 89–46, 54 FR 15403, Apr. 18,
1989, unless otherwise noted.

§ 192.0 Scope.
This part sets forth regulations pertaining to procedures for the lawful exportation of used self-propelled vehicles, vessels and aircraft, and the penalties and liabilities incurred for failure to comply with any of the procedures. This part also sets forth regulations concerning controls exercised by
Customs with respect to the exportation of certain merchandise. This
part also makes provision for the Automated Export System (AES), implemented by the Census Regulations at
part 30, subpart E (15 CFR part 30, subpart E), and provides the grounds under
which Customs, as one of the reviewing
agencies of the government’s export
partnership, may deny an application
for post-departure filing status or revoke a participant’s privilege to use
such filing option, and provides for the
appeal procedures to challenge such action by Customs.
[T.D. 89–46, 54 FR 15403, Apr. 18, 1989, as
amended by T.D. 99–57, 64 FR 40987, July 28,
1999]

Subpart A—Exportation of Used
Self-Propelled Vehicles, Vessels, and Aircraft
§ 192.1 Definitions.
The following are general definitions
for the purposes of this subpart A.
Certified. ‘‘Certified’’ when used with
reference to a copy means a document
issued by a government authority that

§ 192.2

includes on it a signed statement by
the authority that the copy is an authentic copy of the original.
Copy. ‘‘Copy’’ refers to a duplicate or
photocopy of an original document.
Where there is any writing on the
backside of an original document, a
‘‘complete copy’’ means that both sides
of the document are copied.
Export. ‘‘Export’’ refers to the transportation of merchandise out of the
U.S. for the purpose of being entered
into the commerce of a foreign country.
Self-propelled vehicle. ‘‘Self-propelled
vehicle’’ includes any automobile,
truck, tractor, bus, motorcycle, motor
home, self-propelled agricultural machinery, self-propelled construction
equipment, self-propelled special use
equipment, and any other self-propelled vehicle used or designed for running on land but not on rail.
Ultimate purchaser. ‘‘Ultimate purchaser’’ means the first person, other
than a dealer purchasing in his capacity as a dealer, who in good faith purchases a self-propelled vehicle for purposes other than resale.
Used. ‘‘Used’’ refers to any self-propelled vehicle the equitable or legal
title to which has been transferred by a
manufacturer, distributor, or dealer to
an ultimate purchaser.
[T.D. 89–46, 54 FR 15403, Apr. 18, 1989, as
amended by T.D. 99–34, 64 FR 16639, Apr. 6,
1999]

§ 192.2 Requirements for exportation.
(a) Basic requirements. A person attempting to export a used self-propelled vehicle shall present to Customs, at the port of exportation, both
the vehicle and the required documentation describing the vehicle,
which includes the Vehicle Identification Number or, if the vehicle does not
have a Vehicle Identification Number,
the product identification number. Exportation of a vehicle will be permitted
only upon compliance with these requirements, unless the vehicle was entered into the United States under an
in-bond procedure, or under a carnet or
Temporary Importation Bond; a vehicle entered under an in-bond procedure,
or under a carnet or Temporary Importation Bond is exempt from these requirements. The person attempting to

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§ 192.2

19 CFR Ch. I (4–1–05 Edition)

export the vehicle may employ an
agent for the exportation of the vehicle.
(b) Documentation required.—(1) For
U.S.-titled vehicles.—(i)Vehicles issued an
original certificate of title. For used, selfpropelled vehicles issued, by any jurisdiction in the United States, a Certificate of Title or a Salvage Title that remains in force, the owner must provide
to Customs, at the time and place specified in this section, the original Certificate of Title or a certified copy of
the Certificate of Title and two complete copies of the original Certificate
of Title or certified copy of the original.
(ii) Where title evidences third-party
ownership/claims. If the used, self-propelled vehicle is leased or a recorded
lien exists in the U.S., in addition to
complying with paragraph (b)(1)(i) of
this section, the provisional owner
must provide to Customs a separate
writing from the third-party-in-interest which expressly provides that the
subject vehicle may be exported. This
writing must be on the third-party’s
letterhead paper, and contain a complete description of the vehicle including the Vehicle Identification Number
(VIN), the name of the owner or
lienholder of the leased vehicle, and
the telephone numbers at which that
owner or lienholder may be contacted.
The writing must bear an original signature of the third-party and state the
date it was signed.
(iii) Where U.S. Government employees
are involved. If the used, self-propelled
vehicle is owned by a U.S. government
employee and is being exported in conjunction with that employee’s reassignment abroad pursuant to official
travel orders, then, in lieu of complying with paragraph (b)(1)(i) of this
section, the employee may be required
to establish that he has complied with
the sponsoring agency’s internal travel
department procedures for vehicle export.
(2) For foreign-titled vehicles. For used,
self-propelled vehicles that are registered or titled abroad, the owner
must provide to Customs, at the time
and place specified in this section, the
original document that provides satisfactory proof of ownership (with an
English translation of the text if the

original language is not in English),
and two complete copies of that document (and translation, if necessary).
(3) For untitled vehicles.—(i) Newlymanufactured vehicles issued an MSO.
For newly-manufactured, self-propelled
vehicles that are purchased from a U.S.
manufacturer, distributor, or dealer
that become used, as defined in this
subpart, and are issued a Manufacturer’s Statement of Origin (MSO), but
not issued a Certificate of Title by any
jurisdiction of the United States, the
owner must provide to Customs, at the
time and place specified in this section,
the original MSO and two complete
copies of the original MSO.
(ii) Newly-manufactured vehicles not
issued an MSO. For newly-manufactured, self-propelled vehicles purchased
from a U.S. manufacturer, distributor,
or dealer that become used, as defined
in this subpart, and not issued an MSO
or a Certificate of Title by any jurisdiction of the United States, the owner
must establish that the jurisdiction
from where the vehicle comes does not
have any ownership documentation requirements regarding such vehicles and
provide to Customs, at the time and
place specified in this section, an original document that proves ownership,
such as a dealer’s invoice, and two
complete copies of such original documentation.
(iii) Vehicles issued a junk or scrap certificate. For used, self-propelled vehicles for which a junk or scrap certificate issued, by any jurisdiction of the
United States, remains in force, the
owner must provide to Customs, at the
time and place specified in this section,
the original certificate or a certified
copy of the original document and two
complete copies of the original document or certified copy of the original.
(iv) Vehicles issued a title or certificate
that is not in force or are otherwise not
registered. For used, self-propelled vehicles that were issued, by any jurisdiction of the United States, a title or certificate that is no longer in force, or
that are not required to be titled or
registered, and for which an MSO was
not issued, the owner must establish
that the jurisdiction from where the
vehicle comes does not have any ownership documentation requirements regarding such vehicles and provide to

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Customs & Border Protection, DHS; Treasury
Customs, at the time and place specified in this section, the original document that shows his basis for ownership or right of possession, such as a
bill of sale, and two complete copies of
that original document. Further, the
owner must certify in writing to Customs that the procurement of the vehicle was a bona fide transaction, and
that the vehicle presented for export is
not stolen.
(c) When presented—(1) Exportation by
vessel or aircraft. For those vehicles exported by vessel or aircraft, the required documentation and the vehicle
must be presented to Customs at least
72 hours prior to export.
(2) Exportation at land border crossing
points. For those vehicles exported by
rail, highway, or under their own
power:
(i) The required documentation must
be submitted to Customs at least 72
hours prior to export; and
(ii) The vehicle must be presented to
Customs at the time of exportation.
(d) Where presented. Port directors
will establish locations at which exporters must present the required documentation and the vehicles for inspection. Port directors will publicize these
locations, including their hours of operation.
(e) Authentication of documentation.
Customs will determine the authenticity of the documents submitted.
Once the authenticity of the documents is established, Customs will
mark the documents. In most cases the
original document(s) will be returned
to the exporter. In those cases where
the original title document was presented to and retained by Customs and
cannot be found prior to the vehicle’s
export, the exporter’s authenticated
copy of the original documentation
serves as evidence of compliance with
the reporting requirements.
[T.D. 89–46, 54 FR 15403, Apr. 18, 1989, as
amended by T.D. 90–71, 55 FR 37708, Sept. 13,
1990; T.D. 99–34, 64 FR 16639, Apr. 6, 1999]

§ 192.3

Penalties.

(a) A $500 penalty shall be assessed
against an exporter attempting to export a vehicle without complying with
the requirements set forth in this part
of the regulations.

§ 192.11

(b) A $500 penalty shall be assessed
against an exporter who has exported a
vehicle without complying with the requirements set forth in this part of the
regulations.
(c) A penalty not to exceed $10,000
may be assessed against an importer or
exporter who knowingly imports, exports or attempts to import or export:
(1) Any stolen self-propelled vehicle,
vessel, aircraft or part of a self-propelled vehicle, vessel or aircraft; or
(2) Any self-propelled vehicle or part
of a self-propelled vehicle from which
the identification number has been removed, obliterated, tampered with, or
altered.
(d) Any stolen self-propelled vehicle,
vessel or aircraft or part thereof or any
self-propelled vehicle or part of a selfpropelled vehicle from which the identification number has been removed,
obliterated, tampered with or altered
may be subject to seizure and foreiture
pursuant to 19 U.S.C. 1627a.
§ 192.4 Liability of carriers.
Under the provisions of 19 U.S.C. 1436,
the vessel master is charged with the
responsibility for presenting a true
manifest. If used vehicles are not included on the manifest or are inaccurately described thereon, a liability
for penalties may be incurred.
[T.D. 89–46, 54 FR 15403, Apr. 18, 1989, as
amended by T.D. 98–74, 63 FR 51290, Sept. 25,
1998]

Subpart B—Filing of Export Information Through the Automated Export System (AES)
SOURCE: T.D. 99–57, 64 FR 40987, July 28,
1999, unless otherwise noted.

§ 192.11 Description of the AES.
AES is a voluntary program that allows all exporters required to report
commodity export information (see, 15
CFR 30.16) to submit such information
electronically, rather than on paper,
and sea carriers to report required outbound vessel information electronically (see, §§ 4.63, 4.75, and 4.76 of this
chapter). Eligibility and application
procedures are found at subpart E of
part 30 of the Census Regulations (15
CFR part 30, subpart E), denominated

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