On October 7, 2002, the Canada Border Services Agency (CBSA) implemented the Administrative Monetary Penalty System (AMPS). This new program replaces CBSA's previous system of fines, forfeiture and seizures. CBSA developed the AMPS program to address new trade realities and to provide a better mechanism to correct non-compliance of Regulations.

The AMPS program is comprised of over two hundred contraventions to cover infractions of the various Customs Acts and Government Regulations, involving both imports and exports. The penalties can apply to the Importer, Exporter, Carrier or Custom Broker.

The program imposes fines in proportion to the type, frequency and severity of the infraction. It is also structured such that the penalties increase for subsequent infractions of the same contravention. In general, there are three to four levels of fines for each infraction. The highest penalty level of any specific contravention will be utilized for all future infractions of the same contravention, in any three-year period. After three years without an infraction of that particular AMPS contravention, the fine amount will return to the first level.

CBSA provided an AMPS grace period from December 2001 until October 2002 to allow the Trade community to adjust to the new requirements. They have also issued zero-rated Notice of Penalty Assessments (NPA) for any infractions during this period; to assist the community in understanding their Customs process gaps and take corrective action.

In conjunction with AMPS, CBSA has revised the appeal process at a local level and provided for a penalty relief provision.

For more information on AMPS, please visit CBSA's web site at www.cbsa-asfc.gc.ca.