Introduced more than 12 years ago, the Canadian Border Services Agency’s (CBSA) Advance Commercial Information (ACI) program ushered in a more efficient risk management process to help identify threats prior to the arrival of cargo and conveyances in Canada. Phases I and II of ACI applied to marine and air modes of transportation. The third phase of the ACI program, eManifest, impacts shipments traveling by ground (rail and highway) and ensures that electronic pre-arrival shipment information is sent and risk assessed prior to arrival in Canada. Pre-arrival risk assessment provides benefits to the trade industry including:
- Facilitated movement of legitimate trade across the border.
- Notification on the receipt of complete data sent to the CBSA by various trade parties.
- Notification on the arrival and status of shipments as they move through the commercial import process.
- Strengthening sharing of information with other trade partners who are registered CBSA clients.
Regulatory amendments supporting ACI/eManifest were originally published on May 6, 2015, in the Canada Gazette, Part II. The CBSA granted Canadian businesses and trade partners a six month grace period, from July 10, 2015 to January 10, 2016, where those identified for non-compliance with ACI requirements were issued zero-rated Administrative Monetary Penalty System (AMPS) penalties.
On January 11, 2016, the CBSA began enforcing the monetary penalty phase of the AMPS for highway carriers who did not comply with ACI pre-arrival cargo and conveyance data requirements.
Penalties for ACI contraventions range from $250 to $8,000. The CBSA recognized the potential impact to clients and therefore mitigated penalty levels to just Level 1 regardless of repeated non-compliance. This was done in an effort to provide additional time for carriers to make appropriate changes to their processes and training requirements. As this approach has been in effect for over eight months, the CBSA is now moving forward with graduated ACI penalties – found here.
Deringer and the CBSA remain committed to supporting clients in their transition to eManifest through online resources and dedicated client support activities. Visit the CBSA website regularly and subscribe to the eManifest Webfeed to be notified of important eManifest updates. For the most up-to-date information about Canadian eManifest, please visit the eManifest section of the CBSA website. For additional questions, please send an email to Deringer’s Compliance Department.
