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EXPORT POLICY February 4, 2004 Presented by Lorraine Cartier, Export Process Division Canada Border...
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Transcript of EXPORT POLICY February 4, 2004 Presented by Lorraine Cartier, Export Process Division Canada Border...
EXPORT POLICY
February 4, 2004
Presented by
Lorraine Cartier, Export Process Division
Canada Border Security Agency
AGENDA
• Export Regulation Update
• Process Under the Revised Regulations
• B13A; CAED; EDI; Summary Reporting; NDR
• Stamp Machines
• MOUs With the Carriers and Service Providers
• Letter for Exporting Community
• AMPS Updates
• Workshop
Export Regulations Update
• Customs Notice 495 issued January 2003
• No major concerns with Justice
• Legal Affairs advise that “blue stamping” to take place as of February 2004
• Regulations to become law spring 2004
• MOU launch February 2004
• Encourage exporting community to move to new reporting time frames and procedures; Trial run planned for March & April 2004
• New penalties will not take effect until regulations become law
Revised Export Regulations
• WHAT ARE THE CHANGES?
• WHY THE CHANGES ARE NECESSARY?
• BENEFITS FOR THE EXPORTING COMMUNITY
TIMEFRAMES FOR NEW REGULATIONSTIMEFRAMES FOR NEW REGULATIONS
Marine: 48 hours prior to loading on the vessel
Rail: 2 hours prior to the building of the train for export
Air: 2 hours prior to loading on the plane
Postal: 2 hours prior to mailing
Highway: immediately prior to export
Report according to new time frames, includes CAED reporters
TYPES OF REPORTING
• Canadian Automated Export Declaration (CAED) /EDI G7
• Stamp machines for manual B13A Export Declarations
• Summary Reporting
• NDR (No Declaration Required)
Manual B13A = stamping machine
Process 3 copies of B13A form using stamp machine or manual
stamp.
Ensure all copies reflect the same transaction number !
Exporter ’s Responsibilities
• Provide accurate information to your service provider for completion of B13A declaration
• Present declaration to Customs within time frames
• Supply licences, permits or certificates with the declaration according prescribed time frames
• Keep records
Proof of ReportProof of Report
• Manual B13A TRANS
# 2004/01/28 11:30 396 058998
• CAED/EDI (G7)
• 12X123SC1234 20040100567
• Summary Report SUM # 0456
• No Declaration Required (NDR)
CAED PROOF OF REPORT
• The licence number composed of 2 numeric/ 1 alpha/3 numeric digits e.g. 12X543;
• The Authorization ID composed of 2 alpha/4 numeric digits
e.g. SC1234;
• The Form ID composed of the year/month/and five digit transaction number which refers to the # of shipments exported during the year.
e.g. 2004-01-00546.
12X543SC1234 20040100567
MOU PROCESS MOU WITH MEMBER CARRIERS
NO REPORT/NO LOAD
PROCEDURES
MOU document (implementation trial run March & April 2004)
Export transportation document (manifest air way bills etc) submitted according to mode with proof of report transaction number
Air/rail: One working day after plane/train departsMarine: Three working days after vessel sails
Benefits of MOU
• Eliminate the undercoverage of exports
• Assure trading partners that Canadian exports are secure.
• Expedite the movement of goods by carriers/freight forwarders.
• Reduce the incidents of AMPS penalties for exporters.
• Does not apply for in-transit goods
Carrier/Freight Provider MOU Updates
• Letters have been sent out to CTACC members to explain the process of reporting to the exporting community
• Letter is linked to various websites including CBSA
• Official launch planned for February 2004
• Trial run planned for march/April
• Signing of MOU by participating companies
•PRESENTLY 18 PENALTIES RELATE TO EXPORTS
•ADDITIONAL NEW CARRIER AND EXPORTER PENALTIES TO BE ADDED
AMPS EXISTING AND NEW PENALTIES
PERSON FAILED TO PROVIDE TRUE, ACCURATE, AND COMPLETE INFORMATION
(DOCUMENTS)
(PER DOCUMENT)
1st = $100 2nd = $200 3rd = $300
Customs Act, Section 7.1
C005
EXPORTER FAILED TO DECLARE THE EXPORT OF GOODS PRIOR TO
EXPORT
(Per shipment)
1st = $0 2nd = $1,000 3rd = $2,0004th and + = $3,000
Customs Act, Section 95(1)
C170
Person failed to answer truthfully any questions
Value of goods
1st = $2,000 or 20% of the value of goods* 2nd = $4,000 or 40% of the value of goods* 3rd and + = $6,000 or 60% of the value of goods*
* whichever is greater
Customs Act, Section 95 (3)(a)
C346
EXPORTER FAILED TO PROVIDE TO CUSTOMS PRIOR TO EXPORT
REQUIRED EXPORT PERMIT, LICENSE OR CERTIFICATE
(Per document)
1st = $1,000 2nd = $2,000 3rd and + = $3,000
C315
General Export Permits (GEP)
• General Export Permits (GEP) enable an exporter to export certain goods which are subject to control under DFAIT to eligible destinations without the necessity of submitting individual export permit applications.
• GEP Update
General Export Permits (GEP)
• GEP 1 : Export of Goods for Special & Personal Use
• GEP 12 : United States Origin Goods
• GEP 18 : Portable Personal Computers and Associated Software
• GEP 27 : Nuclear-Related Dual-Use Goods
• GEP 29 : Eligible Industrial Goods
• GEP 34 : Certain Industrial Goods to Eligible Countries
• GEP 37 : Toxic Chemicals and Precursors to the USA
• GEP 38 : CWC Toxic Chemical and Precursor Mixtures
• GEP 39 : Mass Market Cryptographic Software
http://laws.justice.gc.ca/E-19/C.R.C.-c609/index.html
EXPORTER FAILED TO REPORT GOODS SUBJECT TO EXPORT CONTROL PRIOR
TO EXPORT
Value of goods
1st = $2,000 or 20% of the value of goods*2nd = $4,000 or 40% of the value of goods*3rd and + = $6,000 or 60% of the value of goods*
* whichever is greater
Customs Act, Section 95 (1)
C345
EXPORTER FAILED TO SUBMIT AN EXPORT SUMMARY REPORT
Per summary report
1st = $2,000 2nd = $5,000 3rd and + = $10,000
Customs Act, Section 95 (1)
C316
EXPORTER FAILED TO KEEP RECORDS AT PLACE OF BUSINESS
(Per audit)
1st = $1,000 2nd = $5,000 3rd = $10,000 4th and + = $25,000
Customs Act, Section 97.2 (1)
C195
PERSON WHO HAS REPORTED GOODS FAILED TO PRESENT
GOODS, UNLOAD CONVEYANCE OPEN PACKAGES OR CONTAINERS
(Per incident)
1st = $1,000 2nd = $2,000 3rd and + = $3,000
Customs Act, Section 95(3) (b)
C190
CARRIER FAILED TO REPORT IN BOND CARGO TO CUSTOMS
OUTBOUND
(Per shipment or Manifest)
$1,000 Per infraction
Customs Act, Section 95 (1)
C343
New & Amended AMPS Penalties
• Exporter failed to report within prescribed timeframes (C170 & C315)
• Service provider failed to comply with officer request for verification prior to export
• Exporter of vehicle/conveyance did not provide official documents
• Carrier operating without an MOU failed to present documentation prior to export
• Carrier operating under MOU failed to present documentation in a timely manner
INFORMATION
• Export Website:
www.ccra-adrc.gc.ca/customs/business/exporting/menu-f.html
• Form B13A available
www.ccra-adrc.gc.ca/F/pbg/cf/b13a/LISEZ-MOI.html
• Revised D Memorandum
http://www.ccra-adrc.gc.ca/menu/FmenuKCA.html
• Free Customs Seminars for New Exporters
http://www.ccra-adrc.gc.ca/events/menu-e.html
Export ControlExport Control
Department of Foreign Affairs and International Trade
www.dfait-maeci.gc.ca/eicb/military/content-en.asp
Phone: (613) 996-2387
Fax: (613) 996-9933
Contacts
• Regional Export Coordinator André Latour
(514) 283-2464 ext.8350
• Regional Client Service Isabelle Simard
(514) 286-7879 ext.5269
• Export Process Division (Ottawa) (613) 954-7160
• CAED: 1-800-257-2434 (Statistics Canada)
• CAED Interface CBSA: (613) 948-7876
• EDI/G7: : Website www.ccra-adrc.gc.ca or
G7 team at: [email protected].
www.ccra-adrc.gc.cawww.ccra-adrc.gc.ca
The end