But the U.S. Authorized Agent plays an important role. In many export transactions, this is the party that prepares and files the Electronic Export Information (EEI) through the Automated Export System (AES). That makes the authorized agent directly connected to the accuracy, timing and documentation of the export filing.
Here’s what exporters need to know.
In everyday export conversations, people may still use the term “forwarding agent.” However, the current terminology used by Census and AESDirect is Authorized Agent.
Effective April 1, 2024, the Census Bureau replaced “Forwarding Agent” and “FWRD AGT” with “Authorized Agent” and “AUTH AGT” across AESTIR and the AESDirect portal. Census explained that “forwarding agent” was misleading because, although the forwarding agent and authorized agent are often the same company, the authorized agent role is not limited to freight forwarders.
That distinction matters. A freight forwarder does not automatically have authority to file EEI simply because it is moving the cargo. The party filing EEI must have proper written authorization or power of attorney.
A U.S. Authorized Agent prepares and files EEI through AES when an EEI filing is required and the authorized agent has been given authority to file.
The agent’s core responsibilities include:
Under the Foreign Trade Regulations (FTR), when the USPPI authorizes an agent to file EEI, the USPPI must provide accurate and timely export information, provide the agent with power of attorney or written authorization, and retain documentation supporting the information it gave to the agent.
In a standard export transaction, the USPPI controls the movement of the goods and either files the EEI itself or authorizes a U.S. agent to file on its behalf.
A U.S. manufacturer sells machine parts to a customer in Germany. The U.S. manufacturer hires a freight forwarder to arrange transportation and file the EEI through AES. The manufacturer gives the forwarder written authorization to file.
In this case, the U.S. manufacturer is the USPPI, and the freight forwarder is acting as the U.S. Authorized Agent.
The USPPI still has responsibilities. It must provide accurate information, make any required export control determinations and retain supporting records.
A routed export transaction is a transaction in which the FPPI controls the movement of the goods and authorizes a U.S. agent to facilitate the export and prepare and file the EEI.
In a routed export transaction, the authorized agent is often selected by the foreign buyer. That can create risk for the USPPI because the party filing the EEI may not be the USPPI’s regular service provider.
A buyer in Brazil purchases goods from a U.S. supplier and arranges the international transportation. The Brazilian buyer authorizes a U.S. freight forwarder to move the goods and file the EEI through AES.
In this case, the Brazilian buyer is the FPPI, the U.S. supplier is the USPPI, and the U.S. freight forwarder is acting as the FPPI’s U.S. Authorized Agent.
The U.S. supplier may not control the AES filing, but it still must provide the required export information and retain records supporting the information it provided.
In a routed export transaction, the FPPI must give its U.S. agent—typically a freight forwarder—or the USPPI power of attorney or written authorization to prepare and file the EEI through AES on its behalf.
My recommendation (as well as the Census Bureau's) is for the USPPI to request the POA to file through AES on behalf of the FPPI instead of using an agent.
Why? So that the USPPI can know the EEI is filed accurately and mitigate their risk for compliance errors. I write about this at length in our article, Why I Hate Routed Export Transactions, and it's worth your time to read and consider.
The Census Bureau’s routed export transaction guidance advises USPPIs, if possible, to request to file the EEI and obtain a POA or written authorization from the FPPI before filing. If the FPPI’s authorized agent files instead, Census advises the USPPI to provide the required data elements, request the ITN, request the date of export and filer name, and request a copy of the authorized agent’s POA or written authorization from the FPPI.
That visibility matters. Census has also noted that, if the authorized agent fails to make corrections to an EEI filing, the USPPI cannot simply choose another filer or submit a new EEI on its own. Only the authorized agent that filed the original EEI can make corrections.
The USPPI should provide complete, accurate and timely export information to the authorized agent. In routed export transactions, the USPPI is required to provide the FPPI’s authorized agent with specific data elements identified in the FTR.
At a minimum, exporters should be prepared to provide:
Do not assume the commercial invoice contains everything the authorized agent needs. Product classification, export control information and license details often require input from the exporter.
Exporters most often get into trouble when they assume the authorized agent is handling everything.
The most common mistakes include assuming a freight forwarder is automatically authorized to file EEI, failing to provide written authorization, not confirming whether the transaction is standard or routed, not requesting the ITN, and not keeping records of the information provided to the authorized agent.
For routed export transactions, the biggest mistake is treating the filing as “not our problem.” Even when the FPPI’s authorized agent files the EEI, the USPPI still has responsibilities. It must provide accurate information and retain documentation supporting what it provided.
If you want more control over who files your EEI and what gets submitted through AES, Shipping Solutions makes the process easier.
Shipping Solutions export software lets you create accurate export documents and file through AES using the same shipment information. That means less duplicate data entry, fewer opportunities for errors and better consistency between your AES filing and your commercial invoice, packing list, certificate of origin and other export forms.
Whether you file EEI yourself or provide information to an authorized agent, Shipping Solutions helps you keep your export data organized, accurate and ready when you need it. We'd love to show you how it works!
We’ve written extensively on various roles in export transactions and how they coexist. For more information, check out these articles:
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This article was first published in January 2017 and has been updated to include current information, links and formatting.