eManifest, AMPS penalty Notice of Assessments Now Issued at the Border
The Canadian Border Services Agency (CBSA) has announced to the Importing community that effective January 11, 2017 Border Services officers at the First Port of Arrival (FPOA) will be issuing 3 of the 6 eManifest Administrative Monetary Penalties (AMPS) for non-compliance directly from the border. Prior to this, all AMPs for eManifest non-compliance were sent by Border Services officers to the CBSA Headquarters (CBSA Program Compliance and Outreach Division) for review prior to being issued to the client.
The Three eManifest, AMPS penalty items that will be transitioned to the FPOA are:
Penalty: Person failed to submit the prescribed pre-load/pre-arrival information relating to their cargo and/or conveyance.
* 1st penalty – $2000.00
* 2nd penalty – $4000.00
* 3rd penalty – $8000.00
Example of C378 non-compliance: When a carrier failed to transmit an electronic conveyance report prior to the conveyance arriving in Canada or 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.
Penalty: Person failed to submit advance information in the prescribed time or prescribed manner to CBSA.
* 1st penalty – $250.00
* 2nd penalty – $375.00
* 3rd penalty – $750.00
Example of C379 non-compliance: When a carrier fails to submit an electronic conveyance report within the prescribed timeframes or 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.
Penalty: Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.
*1st penalty – $500.00
*2nd penalty – $750.00
*3rd penalty – $1500.00
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 (Notice of Penalty Assessment) is served to the person. An 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 that 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.
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