Administrative Monetary Penalty System
C345

Contravention

Exporter failed to report goods subject to export control prior to export.

Penalty

Occurrence Penalty
1st $2,000
2nd $4,000
3rd and subseqeuent $8,000
Penalty basis
Per shipment
Retention period
12 months

Guidelines

Non-compliance occurs when the exporter fails to report goods subject to export control prior to export according to legislative time frames prior to export.

For strategic goods controlled by the Export and Import Permits Act, follow the existing Regional Intelligence and Contraband Division's communication procedures.

This penalty applies to exported goods under section 5 of the Reporting of Exported Goods Regulations and any statute that controls the export of goods.

Seize goods when there is evidence that exporter avoided compliance with export requirements.

If seizure of goods is impractical, or goods are not found, an ascertained forfeiture may be served in addition to AMPS penalty.

Apply a penalty per shipment.

In a post-export verification situation, each shipment found in contravention within the verification period should be assessed a penalty at first level to a maximum amount of $100,000.

For example,

  • the export of ten shipment subject to export control were not reported, a penalty of $20,000 ($2,000 x 10) would be assessed, or
  • the export of 100 shipments subject to export control were not reported, a penalty of $100,000 ($2,000 x 100 = $200,000) would be assessed.

For failure to provide export permit, licence or certificate prior to export, see C315.

For failure to report the export of goods on an export declaration prior to export, see C170.

References

Legislation

Customs Act, subsection 95(1)

D-Memo

D20-1-1, Export Reporting

Other

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