Canadian Courier & Messenger Association
The CCMA and its members have been active in influencing changes to the CBSA AMPS (Administrative Monetary Penalty System) program both before its inception in October 2002 and afterward during comment
opportunities during the Ministers Six Month Review process which began in May of 2003.
For some time ownership of the AMPS regime has been a rudderless ship adrift with the tides. After the Six Month
review, clear developments have been elusive with the change to a new Minister; Anne McLellan, and the constant changes that have been realized with four different short-term directors in less than 2 years.
The current AMPS director (Nicole Houle) is expected to be replaced this week, with no firm confirmation of the replacement.
AMPS continues under the prevail of the CBSA's VP of Admissibility (Mr.
Pierre Richard), with some consistency provided by Karena Franks as Manager, AMPS Policy and Programs, valiantly managing a constantly shrinking team with dwindling resources.
We were expecting the
AMPS Working group to re-convene in early 2005 to discuss the issues nearest and dearest to our hearts as a result of CCMA approaching CBSA in October 2004 submitting an issue summary of proposals for
improving the AMPS.
These consultations have not yet materialized - the reason?
The AMPS team has been focused for the last five months on a nationwide project; "The Automated Correction
Redress Functionality" -- two months of developing field training material and three months of extensive training to regional Customs officers from coast to coast. This effort designed to enable an
automated process to correct obvious errors in the application of AMPS penalties in the issuing office within a 30 day period -- initiated by industry or Customs.
Despite this, there is light at the
end of the tunnel for talks! -- with a new director forthcoming and the technical systems changes behind us, AMPS is poised to become less of a bureaucratic moving target in the near future and real
consultations should begin we are told by the summer, pending the necessary approvals for consultative structures.
The recommendations and comments CCMA has highlighted touch on key issues impacting
the AMPS program, and the issues highlighted are high on the list of priorities for the AMPS Policy and Program Unit we are told -- execution is now key. Serving as an update for concerned CCMA members the
discussion is on-going and the status of our themes and proposals are as follows:
AMPS Working Group
With regard to the AMPS Working Group, CBSA is planning to reconvene a session of the group targeted for mid 2005. The agenda will most likely
focus on discussing; "whichever is greater penalties" -- (percentage or flat rate), volumetrics, penalties for service providers and issues stemming from the ongoing penalty review, part of the
recommendations of the original AMPS Six-Month Review.
Penalty System Based on Intent
Throughout the development of the AMPS penalty regime, the AMPS Policy and Program has maintained that; "given the nature of the system, it is not
possible to allow Customs officers to consider due diligence, intent, errors and mistakes, nor differentiate between small and large entities, at the penalty assessment stage."
"The
consideration of these factors is not built into the penalty regime for the reasons of national consistency, uniformity and the absolute liability nature of the AMPS. Also, receiving true, complete and
correct information about goods entering or leaving the country is part of Customs' core business, regardless of the value of the goods." Consideration of mitigating circumstances at this point can only
be entertained by the Recourse Directorate at the appeal stage.
Partners in Compliance Program
The Partners in Compliance (PIC) initiative is currently being tested as a limited pilot with two Customs Self Assessment (CSA) importers. Once completed, the
findings from the pilot test will be evaluated before the PIC can be considered for expansion to other CSA importers. As the current focus of the PIC program is on the post-release aspects of Customs, such
as final accounting, correct origin and tariff classification, it may not be a viable option for the courier industry to pursue at this time, although discussions in this regard will continue and may provide
future benefits for CSA/FAST approved carriers if successful.
Problematic AMPS Infractions
CCMA has highlighted four AMPS contraventions that are considered problematic by our industry (C066, C358, C347 and C033). These are currently being reviewed
for applicability, clarity and consistent national application.
Although it would appear this process of review is being conducted internally rather than a publicly transparent process; the CCMA aims
to change that, shortly we will generate a submission to the AMPS section as well as Release & Carrier Cargo Policy, which has the domain on this issue -- details will be forthcoming.
We have been
listening closely to what CCMA members have had to say about AMPS and have been committed to learning what other key association players' experiences have been, this is factored into our approach. |
