The Border Commercial Consultative Committee (BCCC) of the Canada Border Services Agency recently released a regulatory update regarding the ACI eManifest program, the details of which can be found below. While this document does not address the burning question of when compliance will become mandatory, it does offer some insight into the process and where we stand as of right now and hints that the "coming into force date" will be sometime in early 2015.

 

Regulatory Process

There are numerous steps prescribed by the Treasury Board Secretariat (TBS) in order to develop and implement regulatory amendments. The process has been outlined at the previous two BCCC meetings, and the CBSA has completed the majority of the process. The remaining steps are as follows:

  • The regulatory amendment package again requires ?blue-stamps? from the DoJ.
  • Signed regulatory amendment package submission is then again presented to Privy Council Office (PCO)
  • The regulatory amendment package is again presented at a Treasury Board meeting (meetings are dependant on Parliament being in session).
  • The registration of the regulations can then occur along with their publication in Part II of the Canada Gazette. This is the mandatory ?coming into force? date.

 

Current Status of the eManifest Regulatory Amendments:

  • Stakeholder issues and concerns have been heard and will be addressed through the regulatory process and the CBSA?s responses will also be contained within the final published RIAS.
  • All stakeholders that sent comments have been sent )either via email or mail) individual letter outlining the CBSA?s responses to your comments/concerns.
  • The regulatory amendments create and revise pre-arrival requirements. Any concerns viewed as ?outside the purview? of the regulatory amendments )such as comments regarding the release of commercial goods, or comments regarding the carrier code application process) will be addressed by the appropriate areas within the CBSA and further consultation will take place.

 

Stakeholder Comments: A Thematic Overview

  • The CBSA received numerous stakeholder comments during the pre-publication period, all of  which were supportive of eManifest, and has been able to successfully address all concerns which were raised.
  • There were three specific requirements which required further clarification and education to resolve stakeholder queries:
  • ACI reporting of Empty Conveyances (Highway Carriers)
  • ACI reporting of Marks and Numbers on Cargo Submissions (Highway Carriers and Freight Forwarders)
  • ACI reporting of the Harmonized System (HS) Code on House BIll and supplementary cargo submissions (Freight Forwarders)

 

Proposed Solutions:

  • To assist carrier in providing pre-arrival empty conveyance information, the CBSA provides free of charge bar coded lead sheets through the eManifest Portal. Portal users can input data and print multiple lead sheets in advance for generic empty loads and the driver can keep a supply of printed lead sheets on hand in each vehicle.
  • Education of stakeholders is key in order to convey that they do not have to submit data that they do not visually see on a package (Marks and Numbers) or shipping document (HS Code). The CBSA will educate through the regulatory responses and program outreach.

 

Current Status of the eManifest regulatory amendments

  • At this time, the CBSA does not have an anticipated ?coming into force? mandatory date, but the date is projected to be in early 2015. The Agency has committed to provide all stakeholder advance notice of the ?coming into force date?/
  • The ?coming into force? date will be communicated through various venues such as emails to current EDI clients and committee members (e.g. BCCC eManifest Sub-Committee), website postings, communiques, etc.
  • The CBSA will continue to work with clients to assist them with compliance with the new requirements.
  • The CBSA thanks the early adopters of eManifest and recommends that all other clients who have not yet begun transmitting begin now as the ?coming into force date? will occur in the near future.

 

As always, Pacific Customs Brokers? Border Pro for Carriers, strives to bring the latest updates on cross-border regulations. If you have any questions about ACI eManifest, how to register or  how it will affect your business, please contact our Border Pro eManifest Team at 855.542.6644  or via email at emanifest@borderpro.ca. We also welcome your questions regarding ACI eManifest and its implementation in our comments section below.

 

Pacific Customs Brokers? Border Pro for Carriers offers a full and self eManifest filing service option that can take the hassle of getting registered with CBSA off of your plate. For the latest updates on eManifest visit the Carrier News section of our website regularly or sign up for our weekly Border Pro newsletter. Additionally, you?ll find the 'Your Broker Knows' YouTube channel to be an excellent resource.

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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.