Mandatory Electronic House Bills Monetary AMPS Penalties starts July 2021

Canada Border Services Agency (CBSA) recently issued Customs Notice CN21-15, Mandatory Electronic House Bills – End of the Zero-rated penalty period

The customs notice provides new information regarding the end date of the zero-rated penalty period under the Administrative Monetary Penalty System (AMPS) for electronic house bills that began on January 4, 2021. This transitionary period will end July 4th, 2021. Electronic house bills for consolidated cargo arriving on or after July 5th, 2021, may be subject to monetary AMPS penalties if freight forwarders are not compliant with electronic house bill, close messages and supplementary reports requirements.

The requirement to transmit electronic house bill and supplementary data is the liability of the freight forwarder, as defined in the Reporting of Imported Goods Regulations: “freight forwarder” means a person who, on behalf of one or more owners, importers, shippers or consignees of goods, causes specified goods to be transported by one or more carriers. Freight forwarders or carriers who meet this definition may transmit supplementary data and house bill data using their own carrier code.

As with many CBSA processes, business to business communication is essential to ensure the appropriate information is transmitted to the CBSA.

As of July 5th, 2021, ACI related AMPS may be issued to freight forwarders when non-compliance is detected. Some examples of AMPS penalties are listed below.

C378 – Person failed to submit the prescribed pre-load/pre-arrival information relating to their cargo and/or conveyance.

C379 – Person failed to submit advance information in the prescribed time or prescribed manner to the Agency.

C380 – Person failed to comply with a notification issued by the CBSA regarding the goods on board or expected to be on board the conveyance.

C381 – Person failed to notify the Agency within prescribed timeframes and without delay of any correction to any pre-arrival or pre-load information sent to the CBSA.

C382 – Person submitted information prescribed by the Reporting of Imported Goods Regulations that was not true, accurate and complete.

The CBSA also strongly urges freight forwarders to register for electronic notices, which includes the Deconsolidation Notice.

Information regarding the pre-arrival and reporting requirements for freight forwarders, refer to memoranda D3-3-1, Freight Forwarder Pre-Arrival and Reporting Requirements.

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