Many foreign companies want to buy products from US companies that only sell domestically in the USA. Foreign buyers often may want to purchase goods from more than one U.S. company and consolidate everything into one or more containers for export. Who will be the exporter of record? US regulations prohibit any foreign company not physically located in the USA from being the exporter/shipper.

Many US companies are reluctant, or simply refuse, to expand sales into foreign markets because of all the requirements, rules, and regulations. Most small to medium-sized enterprises do not export. Companies that do, usually export to only one country, mainly Canada. US companies lose sales by turning away foreign buyers interested in purchasing their products.

A USA based authorized agent can facilitate the export transactions. Export agents are useful, even in some cases required, to facilitate an export transaction between a US company and a foreign buyer.

Please review the following list of terms used in the Foreign Trade Regulations (FTR):

1. Principle Party in Interest: Those persons in a transaction that receive the primary benefit, monetary or otherwise, are considered principal parties to the transaction. Generally, the principal parties in interest in a transaction are the seller and buyer. In most cases, the forwarding or other agent is not a principal party in interest.
2. US Principle Party in Interest (USPPI): The person or legal entity in the United States that receives the primary benefit, monetary or otherwise, from the export transaction. Generally, that person or entity is the U.S. seller, manufacturer, or order party, or the foreign entity while in the United States when purchasing or obtaining the goods for export.
3. Foreign Principle in Interest (FPPI): The party abroad who purchases the goods for export or to whom final delivery or end-use of the goods will be made. This party may be the Ultimate Consignee.
4. Seller: A principal in the transaction, usually the manufacturer, producer, wholesaler, or distributor of the goods, that receives the monetary benefit or other consideration for the exported goods.
5. Buyer: The principal in the export transaction that purchases the commodities for delivery to the ultimate consignee. The buyer and ultimate consignee may be the same.
6. Authorized agent: An individual or legal entity physically located in or otherwise under the jurisdiction of the United States that has obtained power of attorney or written authorization from a USPPI or FPPI to act on its behalf, and for purposes of this part, to complete and file the EEI.
7. Electronic export information (EEI): The electronic export data as filed in the AES. This is the electronic equivalent of the export data formerly collected as Shipper’s Export Declaration (SED) information and now mandated to be filed through the AES or AESDirect.
8. Automated Export System (AES): The system for collecting EEI (or any successor to the Shipper’s Export Declaration) from persons exporting goods from the United States, Puerto Rico, or the U.S. Virgin Islands; between Puerto Rico and the United States; and to the U.S. Virgin Islands from the United States or Puerto Rico. The AES is currently accessed through the Automated Commercial Environment.
9. Export: To send or transport goods out of a country.
10. Routed export transaction: A transaction in which the FPPI authorizes a U.S. agent to facilitate export of items from the United States on its behalf and prepare and file the EEI.
11. Power of attorney: A legal authorization, in writing, from a USPPI or FPPI stating that an agent has authority to act as the principal party’s true and lawful agent for purposes of preparing and filing the EEI in accordance with the laws and regulations of the United States. (See Appendix A of this part.)
12. Written authorization: An authorization, in writing, by the USPPI or FPPI stating that the agent has authority to act as the USPPI’s or FPPI’s true and lawful agent for purposes of preparing and filing the EEI in accordance with the laws and regulations of the United States. (See Appendix A of this part.)
13. Ultimate consignee: The person, party, or designee that is located abroad and actually receives the export shipment. This party may be the end user or the FPPI.
14. End user: The person abroad that receives and ultimately uses the exported or reexported items. The end user is not an authorized agent or intermediary, but may be the FPPI or ultimate consignee.
15. Foreign entity: A person that temporarily enters into the United States and purchases or obtains goods for export. This person does not physically maintain an office or residence in the United States. This is a special class of USPPI. General requirements for filing Electronic Export Information (EEI).
16. Order party: The person in the United States that conducts the direct negotiations or correspondence with the foreign purchaser or ultimate consignee and who, as a result of these negotiations, receives the order from the FPPI. If a U.S. order party directly arranges for the sale and export of goods to the FPPI, the U.S. order party shall be listed as the USPPI in the EEI.

The Foreign Trade Regulations FTR contain the following language:

Filing requirements: (1) The EEI shall be filed through the AES by the United States Principal Party In Interest (USPPI), the USPPI’s authorized agent, or the authorized U.S. agent of the Foreign Principal Party In Interest (FPPI) for all exports of physical goods, including shipments moving pursuant to orders received over the Internet.

In other words, the Seller of the goods here in the United States or the Foreign Buyer can, or must in the case of a “routed transaction”, use an authorized agent to act on their behalf.

The agent shall be authorized by the USPPI or, in the case of a routed export transaction, the agent shall be authorized by the FPPI, to prepare and file the EEI. In a routed export transaction, the authorized agent can be the “exporter” for export control purposes as defined in 15 CFR 772.1 of the U.S. Department of Commerce EAR. However, the authorized agent shall not be shown as the USPPI in the EEI unless the agent acting as a USPPI in the export transaction is the U.S. order party that directly arranges for the sale and export of goods to the FPPI.

General responsibilities of parties in export transactions.

USPPI Responsibilities:

1. The USPPI can prepare and file the EEI itself, or it can authorize an agent to prepare and file the EEI on its behalf. If the USPPI prepares the EEI itself, the USPPI is responsible for the accuracy and timely transmission of all the export information reported to the AES.
   1. When the USPPI authorizes an agent to file the EEI on its behalf, the USPPI is responsible for:
      1. Providing the authorized agent with accurate and timely export information necessary to file the EEI.
      2. Providing the authorized agent with a power of attorney or written authorization to file the EEI (see paragraph (f) of this section for written authorization requirements for agents).
      3. Retaining documentation to support the information provided to the authorized agent for filing the EEI, as specified in §30.10.

Responsibilities of parties in a routed export transaction

1. The Census Bureau recognizes “routed export transactions” as a subset of export transactions. A routed export transaction is a transaction in which the FPPI authorizes a U.S. agent to facilitate the export of items from the United States and to prepare and file EEI.

USPPI Responsibilities.

1. In a routed export transaction, the FPPI may authorize or agree to allow the USPPI to prepare and file the EEI. If the FPPI agrees to allow the USPPI to file the EEI, the FPPI must provide a written authorization to the USPPI assuming the responsibility for filing. The USPPI may authorize an agent to file the EEI on its behalf. If the USPPI or its agent prepares and files the EEI, it shall retain documentation to support the EEI filed. If the FPPI agrees to allow the USPPI to file EEI, the filing of the export transaction shall be treated as a routed export transaction. If the FPPI authorizes an agent to prepare and file the EEI, the USPPI shall retain documentation to support the information provided to the agent for preparing the EEI as specified in §30.10 and provide the agent with the following information to assist in preparing the EEI:
   1. Name and address of the USPPI.
   2. USPPI’s Employer Identification/ Tax ID Number (EIN) or Dun & Bradstreet Number (DUNS)
   3. State of origin (State).
   4. FTZ if applicable.
   5. Commercial description of commodities.
   6. Origin of goods indicator: Domestic (D) or Foreign (F).
   7. Schedule B or HTSUSA, Classification Commodity Code.
   8. Quantities/units of measure.
   9. Value
   10. Export Control Classification Number (ECCN) or sufficient technical information to determine the ECCN.
   11. All licensing information necessary to file the EEI for commodities where the Department of State, the Department of Commerce, or other U.S. government agency issues a license for the commodities being exported, or the merchandise is being exported under a license exemption or license exception.
   12. Any information that it knows will affect the determination of license authorization (see Subpart B of this part for additional information on licensing requirements).

Note to this last section: For items (i), (j), (k) and (l) of this section, where the FPPI has assumed responsibility for determining and obtaining license authority see requirements set forth in 15 CFR 758.3 of the EAR.

Authorized Agent Responsibilities:

1. The agent, when authorized by a USPPI to prepare and file the EEI for an export transaction, is responsible for performing the following activities:
   1. Accurate preparation and timely filing of the EEI based on information received from the USPPI and other parties involved in the transaction.
   2. Obtaining a power of attorney or written authorization from the USPPI to file the EEI.
   3. Retaining documentation to support the information reported to the AES, as specified in §30.10.
   4. Upon request, providing the USPPI with a copy of the export information filed in a mutually agreed upon format.

Authorized Agent Responsibilities:

1. In a routed export transaction, if an authorized agent is preparing and filing the EEI on behalf of the FPPI, the authorized agent must obtain a power of attorney or written authorization from the FPPI and prepare and file the EEI based on information obtained from the USPPI or other parties involved in the transaction. The authorized agent shall be responsible for filing EEI accurately and timely in accordance with the FTR. Upon request, the authorized agent will provide the USPPI with a copy of the power of attorney or written authorization from the FPPI. The authorized agent shall also retain documentation to support the EEI reported through the AES. The authorized agent shall upon request, provide the USPPI with the data elements in paragraphs (e)(1)(i) through (xii) of this section, the date of export as submitted through the AES, the filer name, and the ITN. The authorized agent shall provide the following information through the AES:
   1. Date of export.
   2. Transportation Reference Number.
   3. Ultimate consignee.
   4. Intermediate consignee, if applicable.
   5. Authorized agent name and address.
   6. EIN or DUNS of the authorized agent.
   7. Country of ultimate destination.
   8. Method of transportation.
   9. Carrier identification and conveyance name.
   10. Port of export.
   11. Foreign port of unloading.
   12. Shipping weight.
   13. Export Control Classification Number (ECCN)
   14. License or license exemption information.
   15. Ultimate consignee type.

Note to this last section. For items (m) and (n) of this section, where the FPPI has assumed responsibility for determining and obtaining license authority, see requirements set forth in 15 CFR 758.3 of the EAR.

Authorizing an agent. In a power of attorney or other written authorization, authority is conferred upon an agent to perform certain specified acts or kinds of acts on behalf of a principal (see 15 CFR 758.1(h) of the EAR). In cases where an authorized agent is filing EEI to the AES, the agent shall obtain a power of attorney or written authorization from a principal party in interest to file the information on its behalf. A power of attorney or written authorization should specify the responsibilities of the parties with particularity and should state that the agent has authority to act on behalf of a principal party in interest as its true and lawful agent for purposes of creating and filing EEI in accordance with the laws and regulations of the United States. In routed export transactions, the USPPI is not required to provide an agent of the FPPI with a power of attorney or written authorization.

Written Authorizations for US Principle Party In Interest (USPPI) may be downloaded here:

• Written Authorization Letter- Foreign Principle Party In Interest (FPPI) to Authorized Agent, Terms & Conditions, Instructions.

Please note: Sections in whole and/or in part of this text were obtained from the:
Code of Federal Regulations (CFR) Title 15, Part 30-Foreign Trade Regulations.

To view Part 30 in its entirety in PDF format at Electronic Code of Federal Regulations (ECFR.GOV), please click on the following link:

• Code of Federal Regulations (CFR) Title 15, Part 30-Foreign Trade Regulations.

Please go to our Contact Page to call us or to complete our Contact Form.