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Re: PAPS Prior Notice March 21, 2005 Attention: PAPS Users Clients and drivers that fax PAPS to us should keep the fax receipt as proof of prior notice. This confirmation of a faxed PAPS , even if the PAPS was not in the system, may stop a penalty from being issued (or if there is a penalty, it will be considered for mitigation purposes). Please keep in mind that the fax transmittal has to reflect a time at least one hour prior to the shipments arrival at the border in order for any mitigation of penalties to be considered. Those carriers or shippers that e-mail the documents may have a tougher time proving prior submission, but if your e-mails are dated/timed, then you may see some relief. However, again the transmission MUST be at least one hour before arrival. Note: These regulations are just now being written at Headquarters in Washington, DC., and only effective with the new regulations, will Customs start to consider the fax copies as proof for mitigation purposes. Any penalties already issued for failure to prove that a fax had been sent, is considered in violation of the prior notice regulations and no mitigation is available at this time. We will continue to monitor the development of these regulations.
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