The Canadian Border Services Agency (CBSA) has announced, effective January 11, 2017 Border Services Officers (BSO) at the First Port of Arrival (FPOA) will be issuing three of the six eManifest Administrative Monetary Penalties Systems (AMPS) for non-compliance directly at the border. Prior to this, all AMPS for eManifest non-compliance were sent by BSO's to CBSA Headquarters (CBSA Program Compliance and Outreach Division) for review prior to being issued to the client.

Three eManifest AMPS Penalties Transitioned To The FPOA

1. AMPS Penalty C378

Person failed to submit the prescribed pre-load/pre-arrival information relating to their cargo and/or conveyance.

  • 1st Penalty = $2,000
  • 2nd Penalty = $4,000
  • 3rd+ Penalty = $8,000

Examples Of C378 Non-Compliance

  • When a carrier fails to transmit an electronic conveyance report prior to the conveyance arriving in Canada.
  • When a freight forwarder failed to transmit an electronic house bill prior to the cargo arriving in Canada.

Penalized Party

The penalty is applied to the party responsible for providing the required data. This penalty applies when the data was not provided prior to arrival in Canada. One C378 will be issued per instance. The same penalty level will be assessed for all infractions discovered during the same examination.

2. AMPS Penalty C379

Person failed to submit advance information in the prescribed time or prescribed manner to CBSA.

  • 1st Penalty = $250
  • 2nd Penalty = $375
  • 3rd Penalty = $750

Examples Of C379 Non-Compliance

  • When a carrier fails to submit an electronic conveyance report within the prescribed timeframes.
  • When the carrier fails to submit electronic pre-arrival cargo information, however they faxed shipment documentation to the appropriate Customs office within the appropriate timeframes.

Penalized Party

The penalty is applied to the party responsible for providing the required data. The prescribed information must be transmitted in the prescribed timeframe and in the prescribed manner. These two separate obligations must be respected; a contravention against any one of the two obligations will result in the assessment of this penalty. In instances of non-compliance with timeliness and manner requirements, two separate C379 penalties will be applied. In situations where no information was provided prior to arrival C378 will be applied. It should also be noted that with this contravention a 30 day escalation of penalty levels from the first to the second level will apply. Should a second penalty with the same contravention be issued against the same client, the system will not escalate the penalty level to level two unless 30 days have transpired from when the first Notice of Penalty Assessment (NPA) was issued or the infraction occurred. The non-escalation rule applies only from the first level to the second level.

3. AMPS Penalty C382

Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.

  • 1st Penalty = $500
  • 2nd Penalty = $750
  • 3rd Penalty = $1,500

Penalized Party

This penalty is applied to the party responsible for providing the required data.

Example Of C382 Non-Compliance

This penalty applies when the pre-arrival or pre-load information is not true, accurate and complete as indicated by the primary source documents (bill of lading, contract of carriage) at the time of submission. One C382 penalty will be issued per submission regardless of the number of data elements which were not true, or accurate, or complete. The 30 day escalation delay as noted in C379 applies to this penalty too. AMPS penalties are issued against the person (company), rather than the goods. A penalty assessed under the AMPS becomes payable on the day the NPA is served to the person. A NPA may be either served to the person by hand or sent by registered mail. If a driver or transporter is issued the NPA then he/she should ensure their company representative is provided a copy of the NPA for payment or review.

Payment may be made in person or by mail at the issuing office listed on the last page of the NPA or any CBSA office. A copy of the NPA must accompany the payment. Interest is payable on penalties at the prescribed rate, beginning the date following the date of the NPA. However, if the penalty is paid within 30 days after the date of the NPA, no interest will apply. If you do not agree with the penalty you can ask for a review of the Penalty Assessment within 90 days of the issuance. The request for review can be made at the port of issuance.

CBSA has announced their HQ will be monitoring the issuance of these three penalties at the port level to ensure national consistency. HQ will also continue to work with companies to assist with compliance.

PCB Can Help

Let us pull your paperwork together for you before you get to the border.

When topics as broad as the international border are being discussed many of us want to be the fly on the wall that hears the discussion. We try to be that fly on the wall for you, our valued readers.

We know that you also want to know how to have your voice heard in that discussion, especially when you are directly affected.

You have questions:

     
  • How are the field experts responding to eManifest filings?
  •  
  • What are the experts discussing amongst their peers?
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  • How is your voice heard in these conversations?
Trade Advisor eManifest Penalty
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About Author
Annette Rowan
B.Com, LL.B, CCS, CTCS

Annette Rowan is the Trade Advisory Consultant with Pacific Customs Brokers Ltd, with over 10 years in the international customs trade industry. Combined with a Bachelor of Commerce degree (International Finance) from the University of Alberta, and a Bachelor of Laws degree (International Trade) from the University of Victoria, Annette works on behalf of importers to research and interpret complicated customs laws, rules, and regulations. She also currently holds a Certified Trade Compliance Specialist designation through the Canadian Society of Customs Brokers. When Annette is not working or researching, she enjoys spending time with her husband, 2 kids, and Brutus - the dog. She also manages a small forest of jungle cacti and is a gardening enthusiast.

While we strive for accuracy in all our communications, as the Importer of Record it is incumbent upon your company to ensure that you are aware of the requirements under the new regulations so that you maintain compliance as always.