Changes to Penalties Under AMPS

June 18, 2004

18 June 2004

Changes to Penalties Under AMPS

The CBSA has announced several changes and additions to the AMPS Master Penalty Document. Some text regarding these changes are included in an AMPS Circular that can be viewed at:

http://www.cscb.ca/listinfo/ampscircularchangesjun04.pdf

The revised, and new, penalties can be viewed at:

http://www.cscb.ca/listinfo/ampsrevisedpenaltiesjun04.pdf

Two new penalties, C360 and C361, have been added. The CBSA has advised that these were necessary, given the uncertainly surrounding C019 and C020. C019 and C020 will be phased out in the near future.

From the introduction of AMPS, the CSCB has contested the backgrounders to C019 and C020. We felt these penalties, given that the legislation on which they were based was 7.1 of the Customs Act, should apply to the carrier only. The legislation that applies to C360 and C361 is section 32.2 of the Customs Act, and clearly states that these contraventions should be applied when there is a "failure to account for all imported goods" rather than a "failure to report imported goods".

As indicated in previous messages to members, we are very interested in hearing from members whom we now hope will receive decisions on long-standing appeals under C019 and C020.

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