Canada Border Services (CBSA) has announced changes to the Administrative Monetary Penalty System (AMPS) in the Third Phase of ACI, known as eManifest. These changes will take effect November 1st, 2016.
CBSA?s Advance Commercial Information System (ACI) introduced an effective risk management process to identify threats prior to arrival of cargo and conveyance into Canada. eManifest is the third phase of the ACI program.
Carriers in all modes of transportation are required to transmit cargo and conveyance data electronically to the CBSA prior to arrival. CBSA will issue monetary penalties to any carriers identified for non-compliance.
Penalties for ACI contraventions range from $250 to $8000 depending on the contravention and risk applied. The AMPS system is a graduated system and monetary penalties increase with continued non-compliance. Below is the grid of Penalties:
Contravention 1st Penalty2nd Penalty3rd and Subsequent PenaltyPerson failed to submit pre-arrival information relating to their cargo and/or conveyance$2000$4000$8000 (and in all likelihood the conveyance will be turned around to submit the ACI information from the US in the prescribed format and timeframes)Person failed to submit advance information in the prescribed time or prescribed manner to the Agency.$250$375$750Person failed to notify the Agency within the prescribed timeframes and without delay of any correction to any pre-arrival information sent to the Agency.$500$750$1500Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.$500$750$1500Person failed to comply with notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance.$2000$4000$8000
CBSA recognized the potential impact to clients of the monetary penalties and since January 2016, when they were implemented, CBSA mitigated penalty levels to just Level 1 regardless of repeated non-compliance. This was done in an effort to provide additional time for carriers to make appropriate changes to their processes and training requirements. CBSA is now moving forward with the graduated ACI penalties.
Effective November 1,2016:
- Carriers who have never received a penalty will receive a penalty at level I if non-compliant.
- Carriers who have received a penalty at level I will receive a penalty at level 2 for repeated non-compliance.
Effective December 1,2016
- Carriers who have not received a penalty will receive a penalty at level I if non-compliant.
- Carriers who have received a penalty at level 1 will receive a penalty at level 2 for repeated non-compliance.
- Carriers who have received a penalty at level 2 will receive a penalty at level 3 for continued non-compliance.
Carriers must be compliant for at least 12 months to return to level 1.
CBSA has announced to the Canadian Trucking Alliance ?that a letter will be sent to individual carriers and their company contacts most at risk for non-compliance or ACI contraventions. These letters will outline the AMPS penalty system and the number of instances of non-compliance for the carrier and an offer from CBSA to assist these carriers in correcting their issues. CBSA encourages these carriers to respond to these offers of assistance to take corrective action.? (http://Cantruck.ca/compliance)
Carriers are reminded that with the implementation of eManifest, transmission of highway pre-arrival cargo and conveyance data is in addition to the release requirements. If carriers are seeking the release of their goods at the first point of arrival (FPOA), they must contact the importer/broker prior to arriving at the FPOA to ensure the release request is submitted and accepted in the CBSA system. Having the ACI/eManifest data on file as per the requirements, as well as the release request on file will help ensure a faster and more efficient border crossing.