Canada Customs Revenue Agency will begin has implemented a new Customs penalty program as of  October 7th, 2002. Compliance with Customs rules now needs to be elevated to a higher level as non-compliance will result in severe monetary penalties and possible loss of privileges.

What will not change under AMPS?

No change to Customs documentation requirements.
No change to Customs reporting, releasing, or accounting for shipments.

What will change under AMPS?

New penalties where previously none were applicable.
Graduated monetary penalties for non-compliance.

Key elements of AMPS:

AMPS is a civil penalty system designed, through the application of monetary penalties, to
encourage importers, exporters, carriers, and agents to comply with Customs legislation.

350 contraventions exist, that present possibilities for AMPS penalties.

Typical penalties applicable to importers can start at 5% of the shipment value and escalate to 20% of the value. The minimum penalty imposed could be $100 and the maximum $25,000.

Most penalties will apply in proportion to the type and frequency of the infraction. The compliance history of the importer will be taken into consideration.

Reviewing your compliance status:

Proactive importers can significantly reduce their penalty exposure through voluntary disclosure. It is CCRA policy not to apply penalties where an importer voluntarily discloses non-compliance.

An assessment of one's compliance level would include a detailed examination of your customs related systems. That would include customs processes, documentation procedures, valuation, classification, and verification of your NAFTA country of origin program.

Review and verify your vendors customs documentation to ensure proper values, descriptions, and country of origin declarations are being made.

The review should result with a Compliance Plan to ensure a high level of compliance  relating to all import/export activities to avoid assessments of AMPS penalties.

 

Since most penalties will be imposed on the Importer of Record, you should communicate with your vendors the need for accurate customs documentation.

Communicate your compliance questions/concerns with Dell Will.

Begin a process of compliance improvements where necessary.
We trust that this information will be helpful for you to determine your current level of compliance and we look forward to providing any assistance we can to help you avoid future AMPS penalties.

Dell Will Customs Brokers
July 24, 2002