Administrative Monetary Penalty System
C366

Guidelines

Non-compliance occurs when a person who does not use the services of a carrier to transport commercial goods into Canada fails to report goods, i.e. importers transporting their own commercial goods into Canada or travelers bringing commercial goods as part of their luggage fail to report.

If the importer or person transporting the goods is a non-resident, it is preferable to seize the commercial goods and offer AMPS penalty as terms of release.

If the importer does not have a client identifier and refuses to apply for a Business Number, officers should contact AMPS Help Desk Support to request a Sub-office Locator number in order to assess the penalty in AMPS system.

Do not apply against the importer in cases where the importer has used a carrier.

Occurs when unreported commercial goods are found.

For failure by a carrier to report imported goods, see C021.

For failure to account for imported goods at time of the release request, see C360.

Although a penalty may be applied under this contravention, all OGD admissibility requirements must be met prior to release. It is also possible that the OGD may have their own administrative monetary penalties.

References

Legislation

Customs Act, subsections 12(1) and (3)

D-Memo

D3-1-1, Policy Respecting the Importation and Transportation of Goods