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: G7@ccra-adrc.gc.ca.

www.ccra-adrc.gc.cawww.ccra-adrc.gc.ca

The end