SASKATCHEWAN TRUCKING ASSOCIATIONThe voice of commercial carriers in the province and across Canada
Administrative Monetary Penalty Systems (AMPS)
Advanced Commercial Information (ACI) is a Canadian program aimed at managing risks at borders and ports. Phase 3 of ACI is called eManifest. eManifest requires commercial information about shipments to be electronically submitted to the Canada Border Services Agency (CBSA); this requirement includes freight forwarders, brokers, and importers.
Advanced Commercial Information (ACI) is a Canadian program aimed at managing risks at borders and ports. Phase 3 of ACI is called eManifest. eManifest requires commercial information about shipments to be electronically submitted to the Canada Border Services Agency (CBSA); this requirement includes freight forwarders, brokers and importers.
Highway carriers are required to do this minimum one hour prior to border arrival. This was implemented in July 2015. Administrative Monetary Penalty System (AMPS) is used to issue monetary penalties to commercial clients for violating CBSA’s trade and border legislation such as eManifest regulation. Examples of non-compliance that most often result in AMPS penalties:
- Failure to pay duties
- Failure to provide required information to the CBSA
- Unauthorized removal of goods from a warehouse
- Direct delivery of goods prior to release from CBSA control
- Failure to report goods to the CBSA
Effective January 11, 2017, three AMPS penalties related to ACI compliance will begin to be issued by Border Service Officers (BSO) at the first port of arrival. C378, C379, and C382 penalties were previously being sent directly to CBSA’s Program Compliance and Outreach Division for review before being mailed to carriers.
The three penalties that will be transitioned to the ports of entry are:
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 – $4000
- 3rd Penalty – $8,000
C379 Person failed to submit advance information in the prescribed time or prescribed manner to the Agency;
- 1st Penalty – $250
- 2nd Penalty – $375
- 3rd Penalty – $750
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 – $1500
The BSO’s will be provided standard operating procedures and will have local subject matter experts within their ports/region that can provide assistance and guidance to the officers. CBSA has also indicated that the Program Compliance and Outreach Division will still be available to the ports of entry and BSO’s to offer guidance. They will also be monitoring penalties issued and contacting port supervisors and chiefs when they encounter any issues, so they can be corrected in advance of the notice of assessment is mailed to carriers. CBSA has indicated that additional communications are being finalized and will be released shortly to the industry. It will inform industry of a cap that will be effective immediately on penalty C378, which will avoid multiple compounding penalties on cargo and/or conveyance for failure to submit ACI data.
The Canadian Trucking Alliance (CTA) has worked closely with the Canada Border Services Agency (CBSA) to ensure the transition to the new system is as painless as possible. The STA is an active board member of the CTA and has been keeping Members informed of these changes since the beginning of the process. STA wants to ensure that all Saskatchewan carrier companies are confident and comfortable crossing the border into the United States. Working with the CTA and the CBSA to ensure the least number of AMPS are issued as possible is our goal. If your organization requires more information on eManifest, AMPS or any other CBSA activity, please contact the Saskatchewan Trucking Association at 306.569.9696. The STA has a cross-border distribution list that keeps industry updated on key cross border issues such as this. To be added to the distribution list please send contact information to Russ Turgeon