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EXPORT POLICY

EXPORT POLICY. Canada Border Security Agency. February 4, 2004 Presented by Lorraine Cartier, Export Process Division. AGENDA. Export Regulation Update Process Under the Revised Regulations B13A; CAED; EDI; Summary Reporting; NDR Stamp Machines

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EXPORT POLICY

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  1. EXPORT POLICY Canada Border Security Agency February 4, 2004 Presented by Lorraine Cartier, Export Process Division

  2. 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

  3. 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

  4. Revised Export Regulations • WHAT ARE THE CHANGES? • WHY THE CHANGES ARE NECESSARY? • BENEFITS FOR THE EXPORTING COMMUNITY

  5. TIMEFRAMES 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

  6. TYPES OF REPORTING • Canadian Automated Export Declaration (CAED) /EDI G7 • Stamp machines for manual B13A Export Declarations • Summary Reporting • NDR (No Declaration Required)

  7. Manual B13A = stamping machine • Process 3 copies of B13A form using stamp machine or manual stamp. • Ensure all copies reflect the same transaction number !

  8. 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

  9. Proof 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)

  10. 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

  11. 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 departs • Marine: Three working days after vessel sails

  12. 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

  13. 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

  14. AMPS EXISTING AND NEW PENALTIES • PRESENTLY 18 PENALTIES RELATE TO EXPORTS • ADDITIONAL NEW CARRIER AND EXPORTER PENALTIES TO BE ADDED

  15. C005 PERSON FAILED TO PROVIDE TRUE, ACCURATE, AND COMPLETE INFORMATION (DOCUMENTS) (PER DOCUMENT) 1st = $100 2nd = $200 3rd = $300 Customs Act, Section 7.1

  16. C170 EXPORTER FAILED TO DECLARE THE EXPORT OF GOODS PRIOR TO EXPORT (Per shipment) 1st = $0 2nd = $1,000 3rd = $2,000 4th and + = $3,000 Customs Act, Section 95(1)

  17. Person failed to answer truthfully any questions C346 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)

  18. C315 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

  19. 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

  20. 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

  21. C345 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)

  22. C316 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)

  23. EXPORTER FAILED TO KEEP RECORDS AT PLACE OF BUSINESS C195 (Per audit) 1st = $1,000 2nd = $5,000 3rd = $10,000 4th and + = $25,000 Customs Act, Section 97.2 (1)

  24. C190 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)

  25. C343 CARRIER FAILED TO REPORT IN BOND CARGO TO CUSTOMS OUTBOUND (Per shipment or Manifest) $1,000 Per infraction Customs Act, Section 95 (1)

  26. 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

  27. 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

  28. Export 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

  29. 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.

  30. www.ccra-adrc.gc.ca The end

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