Addressing the confusion about the process of exporting aircraft and the requirements for making the necessary Electronic Export Information (EEI) filings, the National Business Aviation Association (NBAA )Tax Committee and Regulatory Issues Advisory Group joined forces to create the new, members-only resource, “Guide on Exporting Aircraft from the United States.”
The guidance and detailed scenarios now accurately reflect how business aircraft transactions occur, and provide clear direction to the industry, said Scott O’Brien, NBAA’s senior director of public policy and advocacy.
“The engagement of regulators at the Department of Commerce and U.S. Census Bureau, with NBAA and industry partners, is an instance of business aviation coming together to positively resolve a challenging regulatory issue,” said O’Brien. “It’s another example of NBAA’s proactive efforts to provide a clear path to compliance through guidance resulting from productive dialogues on regulatory challenges.”
The “Guide on Exporting Aircraft from the United States” provides background information on export requirements and detailed information EEI filings, a significant source of confusion. To clarify which party is responsible for filing an EEI, NBAA had numerous conversations with the Census Bureau and Bureau of Industry and Security to review specific business aircraft scenarios. This engagement resulted in improved guidance on which party is responsible for EEI filings and detailed business aircraft transaction scenarios with feedback from regulators.
There are two aircraft export categories – permanent and temporary – and the guide focuses on the former, an “aircraft physically exported, usually under its own power, as part of a sale, lease or transfer of possession to a foreign person, or otherwise based outside of the United States for one year or more.” Temporary exports make brief sojourns and return to the U.S. within one year, and there is no transfer of possession.
An EEI filing includes pertinent details such as the parties involved in the transaction, the aircraft’s export classification and its value. Regardless of who owns the aircraft intended to be out of the United States for more than a year, an EEI, and its acknowledging AES Internal Transaction Number, are generally required on the aircraft’s first flight out of the U.S.
“With exports of general aviation aircraft, engines and parts reaching more than $130 billion annually, it is crucial that our industry have detailed best practices, guidance and scenarios on requirements including EEI filings,” said O’Brien. “We look forward to continuing our engagement with the Census Bureau and the Bureau of Industry and Security to ensure that business aviation has clear guidance, consistent with applicable law, to comply with these complex rules.”
