Used Vehicle Exports 19 CFR 192.

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Presentation transcript:

Used Vehicle Exports 19 CFR 192

Definitions Certified – Document issued by State, Department of Motor Vehicle that includes a statement by the authority that the copy is an authentic copy of the original. Copy – Photocopy of the original. A “complete copy” requires both sides of a document to be copied. Export – Transportation of merchandise out of the U.S. Self-Propelled Vehicle – Any self-propelled vehicle used or designed for running on land but not rail. Ultimate Purchaser – 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 – Any self-propelled vehicle the title to which has been transferred by a manufacturer, distributor, or dealer to an ultimate purchaser.

Title Requirements Vehicles Issued an Original Certificate of Title For used, self-propelled vehicles issued, by any jurisdiction in the United States, a Certificate of Title or a Salvage Title, the owner must provide CBP the original Certificate of Title or a Certified Copy and two complete copies. Third-Party Ownership/Claims If the used vehicle is leased or a recorded lien exists in the U.S., in addition to complying with the above, the provisional owner must provide to CBP a separate writing from the third-party interest which expressly provides that the vehicle may be exported. The letter must contain the following: Third Party Letterhead Complete Description of Vehicle including the VIN Name of Owner or Lien holder and Telephone Number Original Signature and Date

Title Requirements U.S. Government Employees - If the used self-propelled vehicle is owned by a U.S. Government employee and is being exported in conjunction with the employee’s reassignment abroad pursuant to official travel orders, the employee must provide a copy of their PCS orders and may be required to establish that he/she has complied with the sponsoring agency’s internal travel procedures for vehicles.

Untitled Vehicles Newly Manufactured Vehicles (MSO Issued) Newly manufactured, self-propelled vehicles that are purchased from a U.S. manufacturer, distributor, or dealer that become used and are issued a Manufactures Statement of Origin (MSO), but not issued a certificate of title, the owner must provide to CBP the original MSO and two complete copies. Newly Manufactured Vehicles (No MSO Issued) Newly manufactured vehicles that become used and not issued an MSO or title - THE OWNER MUST ESTABLISH THAT THE JURISDICTION FROM WHERE THE VEHICLE COMES DOES NOT HAVE ANY OWNERSHIP DOCUMENT REQUIREMENTS and provide CBP an original document that proves ownership, such as a dealer’s invoice, and two complete copies.

Junk and Scrap Certificates Vehicles for which a junk or scrap certificate, issued by any jurisdiction of the U.S., remains in force, the owner must provide to CBP the original certificate or a certified copy of the original document and two complete copies. Vehicles Not Required to be Titled THE OWNER MUST ESTABLISH THAT THE JURISDICTION FROM WHERE THE VEHICLE COMES DOES NOT HAVE ANY OWNERSHIP DOCUMENTATION REQUIREMENTS REGARDING SUCH VEHICLES and provide CBP the original document that shows the basis for ownership or right of possession, such as a bill of sale, and two complete copies.

Port of Jacksonville Policies and Procedures

Where: When: What: Who: Port Directors establish at which locations exporters must present the required documentation and vehicle for inspection. When: The required documentation and the vehicle must be presented to CBP at least three business days prior to export. Office Hours: 0800 – 1630 M-F (excluding federal holidays) What: Three copies of the dock receipt. Original ownership document and two copies. Other required documents (if required). Who: Carriers/Agents Owner of vehicle Once CBP determines that the documents are complete, accurate, and in compliance with regulatory requirement, the documents and copies will be stamped and returned. Copies will be retained by CBP and forwarded to NICB.

Where and When Titles can only be submitted at the CBP Blount Island Office Titles are accepted M-F from 0800-1630, except federal holidays Titles must be received a full 3 business days prior to the loading of the vessel Each group of titles are time and date stamped for tracking purposes Titles not submitted in compliance with the time requirement will be rejected Only the Supervisor will evaluate and waive the time requirement for submissions less than 3 business days (reserved only for exigent circumstances)

Dock Receipt Requirements The dock receipt MUST be complete and accurate. The most common errors include the omission of the following information: Exporter and Consignee’s full name and address (consignee must have a foreign address) Exporter and owner on the title do not match. The exporter must be the party reflected on the title or reassignment (if the owner on the title or reassignment does not match the shipper or consignee on the dock receipt, a power of attorney is required) Name of Vessel and ETD Full description of the Vehicle to include: Year, Make, Model and VIN

Presentation of Documents Documents must be presented in this exact order: Dock Receipt Original Title & any reassignment Copy of the Title (front and back) & any reassignment For any other Original Documents accompanying the original title, they must have copies behind each copy of the title

Processing of Titles Titles are submitted at the front counter Each batch is time and date stamped for tracking purposes CBP reviews and processes the titles in the order that they are received CBP is reviewing each title for accuracy, completeness and compliance with federal regulations Once the title is stamped by CBP, a set of copies are retained and forwarded to NICB for input Original documents are placed back on the front counter for pick up

Rejection of Titles Due to the volume of titles, CBP does not have the time to correct errors. Any title that is rejected will contain a cover sheet with an explanation CBP will reject titles for inaccurate or incomplete information, failure to submit the titles within the specified time frame, etc The titles should be re-submitted with the rejection sheet and an indication that the appropriate corrective action has occurred. This indicates to CBP that this was a previously submitted title.

Who is NICB? National Insurance Crime Bureau Private agency funded by Insurance companies to combat insurance fraud One employee located at the CBP Blount Island office Inputs every vehicle into the system

Penalty Provisions A $500 penalty will be assessed against an exporter who has exported a vehicle without complying with the requirements set forth in 19 CFR Part 192. If the carrier is still in possession of the vehicle, redelivery may be demanded. Also, the vehicle may be seized under 22 U.S.C. 401 as an attempted exportation contrary to 19 CFR 192.2. In addition, a carrier who fails to redeliver the vehicle may be liable under 19 CFR 113.64(f) for liquidated damages.

How we can help each other Partnership Processes in excess of 85,000 titles each year That is approximately 400 titles day Need for accuracy, completeness and consistency Review for accuracy and completeness prior to submitting the titles to CBP Dock receipt has all of the required info and is accurate. Exporter matches the owner reflected on the title. Title has all of the appropriate re-assignments

How we can help each other Ensure that the paperwork is in the appropriate order and that it is the correct paperwork (dock receipt and title match) A-TCET has re-established a Vehicle Export Team (VET) Will assist in the number of officers processing titles Expect increases in the number of vehicle examinations

Questions Vehicle clearance procedures are different depending on the load port. Is there any plan to standardize this across all load ports? What commodity are exempt? Depending on which Inspector you speak with you get conflicting answers. Does a vehicle without a title, shipping manufacturer to dealer or dealer to dealer, need to present a certificate of origin to customers within the same rules that apply for titles. Or can we ship the unit and present the document when asked, i.e. I know we have to have it but do we absolutely need to submit a certificate of origin for stamping?

Questions Customs appears to have interpreted the 72 hr rule as they can keep the title for 72 hrs regardless of when it was submitted. Is this a valid interpretation? If a vehicle is to be sent overseas and there is a lien on the vehicle does the copy of the title need to be notarized? We realize that part of the paper work submitted to customs should be a notarized letter from a bank stating their permission to take the vehicle out of the country, and if they are in the military a copy of the orders. Does the copy of the title need to be notarized?

Questions Can more than one vehicle be on the dock receipt? If more than one unit is on the dock receipt can the one the title pertaining to be highlighted? Please explain the following: Manufacturer to Manufacturer - we do not need a bill of sale or title, correct? Manufacturer to any company or person - does this need a bill of sale or title? If CBP does not return titles cleared or rejected after they have had them for a min. 72 hrs prior to the vessel commencing loading can the cargo be loaded?

Additional Questions?