Canada-U.S. Blog Trade Lawyers Cyndee Todgham Cherniak and Susan K. Ross

Category Archives: AMPs

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How To Start A Trade Compliance Program? Who, What, When, Where, How Questions To Ask

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Canada-EU CETA, Canada-Ukraine FTA, Corporate Counsel, Cross-border trade, Currency Reporting, Customs Law, Export Controls & Economic Sanctions, Exports, FCPA/Anti-Corruption, Government Procurement, NAFTA Renegotiations, Proceeds of Crime/Money Laundering

The trade landscape is changing for many Canadian companies. Canada is involved in the renegotiation of NAFTA.  The Canada-Ukraine Free Trade Agreement comes into effect on August 1, 2017.  The Canada-EU CETA enters into provisional effect on September 21, 2017.  The Government of Canada is updating export controls and economic sanctions laws and Global Affairs… Continue Reading

What Are Canada’s Tariff Codes (As At July 14, 2017)?

Posted in AMPs, Canada-EU CETA, Canada-Ukraine FTA, Customs Law, valuation

Canada does not have a single customs duty or tariff rate for all imports. Over the years, Canada has entered into a number of free trade agreements.  A tariff rate code is assigned for every free trade agreement partner because tariff elimination commitments and tariff reduction schedules cause applicable tariff rates to be different from… Continue Reading

What Does The CBSA Review During A Customs Valuation Verification?

Posted in AMPs, Customs Law, valuation

Canadian importers (especially non-resident importers and those related to a foreign entity) may, someday, be contacted by the Canada Border Services Agency (“CBSA”) to conduct a customs valuation verification.  Current CBSA valuation verification priorities include apparel (Chapters 61 and 62) and food preparations and pastrycook’s products (Chapter 19).  In January 2017,  the CBSA announced that… Continue Reading

What Is A Notice of Penalty Assessment?

Posted in AMPs, Canada's Federal Government, Customs Law

A Notice of Penalty Assessment is the document in which the Canada Border Services Agency (“CBSA”) issues an assessment of an Administrative Monetary Penalty (“AMP”) against an importer. An  AMP is a monetary penalty of a civil nature (rather than criminal) imposed by the CBSA for a contravention of an Act, regulation or by-law. The Master Penalty Document contains all… Continue Reading

What Is The Canadian Process For Voluntarily Disclosing An Export Controls/Economic Sanctions Mistake?

Posted in Aerospace & Defence, AMPs, Border Security, Canada's Federal Government, Cross-border trade, Export Controls & Economic Sanctions, Exports

Mistakes happen.  While the majority of Canadian companies want to comply with Canada’s export controls and economic sanctions laws, violations can occur.  Often when there is an economic sanctions violation, there is also an export controls violation at the same time.  Sometimes, there are export controls violations without an economic sanction violation. There are three procedures… Continue Reading

SME Importing and Exporting Toolkits Posted on the CBSA Website

Posted in AMPs, Border Security, Canada's Federal Government, Customs Law, Export Controls & Economic Sanctions, Exports, GST/HST, Imports Restrictions, NAFTA, NEXUS, origin, tariff classification, valuation

On August 22, 2016, the Canada Border Services Agency (“CBSA”) posted on its website toolkits for small to medium sized enterprises.  The toolkits cover (1) importing, (2) exporting, (3) other CBSA resources, (4) other governmental resources and (5) contact information.  However, the CBSA did not include the posting of the toolkits in its “Latest News”… Continue Reading

Undervaluation of Goods Can Lead to Criminal Charges And Conviction In Canada

Posted in AMPs, Criminal Law, Cross-border deals, Cross-border trade, Customs Law, Legal Developments, origin, tariff classification, valuation

On August 5, 2016, the Canada Border Services Agency (“CBSA”) posted on the CBSA web-site a News Release entitled “Dartmouth store owner charged for falsifying documents and undervaluing shipments”. This News Release should cause Canadian business owners who import goods and/or general counsel of companies that import goods to ask important questions: “Is my import… Continue Reading

Appeal Process for Truckers/Carriers When The CBSA Issues ACI eManifest AMPs

Posted in AMPs, Canada's Federal Government, Cross-border trade, Customs Law

Truckers (highway commercial carriers) can appeal the imposition of administrative monetary penalties (AMPs) imposed by the Canada Border Services Agency (“CBSA”) for failure to meet advance commercial information (ACI) reporting requirements.  The appeals are filed with the CBSA, Recourse Directorate.  We spoke to a source at the Recourse Direcotrate this week who informed us that there… Continue Reading