Trade Law Daily is a Warren News publication.

CBSA Releases Details on Increase to Monetary Penalties

Failure to provide the Canada Border Services Agency with proof of origin upon request, corrections to origin declarations, or reports of diverted goods are among customs compliance violations that will face steeper penalties starting in April, the CBSA said in a March 5 notice. The CBSA previously said it planned to increase the Administrative Monetary Penalties for trade compliance violations (see 1903040034), but had not provided details on the changes.

Sign up for a free preview to unlock the rest of this article

Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.

As previously mentioned, CBSA won't increase penalty amounts related to the timing for accounting for imported goods. The agency specified that "these penalties are C288 (failure to account for imported goods within 5 business days of their release where estimated value is greater than $2,500), and C292 (failure to account for imported goods no later than the 24th day of the month following the month of their release where estimated value does not exceed $2,500)."

The AMP increases apply to the following 22 contraventions related to commercial trade:

Contravention Code (Category)Penalty LevelCurrent PENALTY AmountPENALTY Amount (Effective April 1, 2019)
C004 and C223 (Special Import Measures Act); C152 (Origin of Goods); C168, C169 (Abatements and Refunds); C224 (Customs Self Assessment; Special Import Measures Act)
1st$150$500
2nd$225$750
3rd and subsequent$450$1,500
C080, C081, C082, C083, C350, C351, C352, C353 (Corrections – Trade Data)
1st$150 to a maximum of $5,000 (per issue) or $25,000 (per occurrence)$500 to a maximum of $5,000 (per issue) or $25,000 (per occurrence)
2nd$225 to a maximum of $200,000 (per occurrence)$750 to a maximum of $200,000 (per occurrence)
3rd and subsequent$450 to a maximum of $400,000 (per occurrence)$1,500 to a maximum of $400,000 (per occurrence)
C157, C298 (Records); C214, C215, C216, C217, C218 (Duties Relief)
1st$300$600
2nd$450$1,200
3rd and subsequent$900$2,400
C336 (Brokers and Agents)Flat Rate$100 per instance$200 per instance