Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



IMPORTANT - New Canadian AMP Coming for ACI Entries Starting March 1, 2008

On September 11, 2007, the Canada Border Services Agency (CBSA) issued Customs Notice 07-028 entitled "Advance Commercial Information - Updates on the Administrative Monetary Penalties (AMP) for Marine and Air Modes".  The CBSA publicly announced that effected March 1, 2008, the CBSA will issue new penalties specific to the Advance Commercial Information (ACI) program.  The following mistakes will be subject to an AMP:

  • failure to provide advance conveyance information within the prescribed timeframes and manner; 
  • failure to provide advance information for goods/cargo within the prescribed timeframes and manner; and
  • failure to provide true, accurate and complete information.

However, the CBSA did not include in its Customs Notice information about what will be the amount of the penalty.  An AMPS is an automatic penalties that is charged by the CBSA when certain infractions occur and have been designed to address non-compliance with Canada's trade and border legislation.  It is important to note that if a person disagrees with an issued AMP penalty, an objection or judicial review is possible, but the amount of the penalty is due regardless of the disagreement.

The CBSA also did not make it easy for importers to comply as it did not include any information or links about the prescribed timeframes.  The CBSA refers importers to the Reporting of Imported Goods Regulations (SOR/86-873).  But, the Reporting of Imported Goods Regulations were amended to include the ACI information and the CBSA's D-Memorandum that contains the Reporting of Imported Goods Regulation was printed in March 1999 and has not been updated to include the relevant ACI information-  see D-Memorandum D-17-1-0.

Here is some of the missing information needed by importers:

Marine: If the goods are loaded in a foreign jurisdiction other than the united States, the prescribed time frame is 24 hours prior to loading at the foreign port (up to 96 hours prior to arrival) - for more information, please use the following link http://www.cbsa.gc.ca/import/advance/marmode_menu-e.html

If the goods are loaded in the United States, the prescribed time frame is 24 hours prior to arrival in Canada

Air: The prescribed time frame is 24 hours prior to arrival in Canada or 4 hours prior to arrival in Canada.  If the flight is less than 4 hours in duration, then the prescribed time period is prior to departure or the airplane from the foreign or U.S. airport.  For more information, please use the following link - http://www.cbsa.gc.ca/import/advance/airmode_menu-e.html

For more information about the CBSA's ACI Program, please use the following link - http://www.cbsa.gc.ca/import/advance/menu-e.html#a1x2

If you would like to review a copy of Customs Notice CN-07-28, please click on CN-07-28.

If you would like more information about the AMPS penalties, please click on D-Memorandum D-22-1-1 "Administrative Monetary Penalty System".

If you require more information in order to comply with the marine and air ACI reporting requirements and want to avoid AMPS penalties, please contact a Canadian customs lawyer.

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