Compliance Verification Review Compliance Verification & Services Greater Toronto Area Region

Agenda Compliance Verification Presentation Verification Scope, Roles and Responsibilities Systems Review Additional Information Required CBSA’s Partnership with Statistics Canada Customs Self Assessment (CSA) & Free And Secure Trade (FAST) Administrative Monetary Penalty System (AMPS) Reason to Believe Monitoring Final Notes Overview of your Company’s Business Operations Tour of Operation/Facilities (Walkthrough (Purchasing, Receiving, Accounting and Customs) Question/Answer Period (Open discussions with CBSA/Company, work through questions) Wrap up and Next Steps

Verification Scope Our verification will include the examination of several Customs program areas for the purposes of importing into Canada: Tariff classification, Origin, Valuation, Accounting of goods, and Statistics Canada data. Additionally, a review of Other government department (OGD) requirements, Any applicable duties relief and SIMA issues will be undertaken if they are applicable to the company.

Verification Overview The systems review is performed. Examine the documentation relating to imports over a specified 12-month period to ensure compliance with the Customs Act, Customs Tariff and related legislation. Understand the company’s business operations related to imports. The verification includes an on-site examination of the client’s books and records. Review the company's accounting systems and internal controls. Review the verification results with the company and recommend ways to maintain compliance. An Interim Report is issued. Response to the Interim Report is received from the company and incorporated into the Final Report. The Final Report is issued.

Verification Benefits Assists your company in achieving and maintaining compliance with Customs requirements, avoiding reassessments and penalties Assisting the company with the issuance of Advance Rulings, the filing of voluntary amendments, or other Customs matters. Providing information on the full range of options and entitlements that may be available Providing information sessions - accessible through online registration. http://www.cbsa.gc.ca/events-evenements/on/menu-eng.html

Systems Review This is undertaken to understand how your business operates. We will establish: What initiates a vendor purchase? How are goods shipped and cleared at the border? Where are they delivered and what checks are performed? How are the invoices paid and posted in the ledgers and journals? Where are the documents maintained? When discrepancies are noted, how are they handled?

Systems Flowchart Audit Flow Canada Border Services Agency The systems review will analyse the links among the various systems, e.g. Accounting, Receiving, and Customs. Audit Flow Canada Border Services Agency Customs & Traffic Department Systems Review Accounts Payable/ Disbursement Department Purchasing/ Receiving Department

Verification Trail INV # 1234 B3 CADEX #8888 #123456789 # 4444 AIRWAYBILL B3 CADEX Purchase Order #8888 #123456789 # 4444 Supplier Date Qty Item 4 Engines Amt:$1000 Engines REF: PO # 4444 Qty Item Amt:$1000 PO # 4444 4 Engines T.C.8401.02.13.32 V.F.D:$1000. Qty Item 4 Engines INV # 1234 PO # 4444 General Ledger Sub ledgers Journals Receipt #333 Verification Trail Date 4 Engines Amt: $1000 Date Supplier Amt $1000 REF: # Inv # 1234 Inv # 1234 PO # 4444 ABRT

Additional Information Required (electronic or hardcopy) For the review period: (January 1, 200X to December 31, 200X) Information on how discrepancies are addressed with respect to imports. How is the the value of “no charge” invoices established with respect to imports? Process for goods that are drop shipments or goods delivered to locations other than the company’s premises. List of all product numbers, with their respective description and classification, imported. Audited (if available) financial statements, trial balance, general ledger and any royalty, distribution agreements, etc.

CBSA’s Partnership with Statistics Canada Our work supports the gathering of accurate trade data, needed to maintain the statistical integrity of Canada’s balance of payments. Data is essential to Canadian businesses for future business decisions e.g. imports of new products. Provides information for developing effective government policies e.g. International trade negotiations.

Customs Self Assessment (CSA) & Free And Secure Trade (FAST) CSA is a CBSA program designed for commercial clients and embodies the principles of the Customs Action Plan Offers the trading community streamlined import processes, including self assessment. Offered only to authorized clients who are low risk, pre-approved, willing to invest in compliance, and work in partnership with the CBSA.

Streamlined Accounting & Payment Streamlined Clearance CSA Features Streamlined accounting and payment process for all goods imported by approved importers. And the option of…… Streamlined clearance for eligible goods imported by approved importers using approved carriers and registered drivers. Streamlined Accounting & Payment Streamlined Clearance

Why Consider CSA Clearance? Two distinct approaches to the customs commercial program are emerging to replace traditional options, such as PARS, RMD, FIRST: Customs Self Assessment (CSA) Implemented December 3, 2001 Advance Commercial Information (ACI) Implementation begun in 2003 For further information on Customs Self-Assessment, visit the CBSA website: http://www.cbsa.gc.ca/prog/csa-pad/menu-eng.html or contact your local CBSA Client Services office.

FAST – Free And Secure Trade FAST is a joint program between CBSA, Citizenship & Immigration Canada (CIC) and U.S. Customs & Border Protection (CBP). In Canada, FAST builds on CSA concepts and offers expedited clearance processes for eligible goods to pre-authorized importers, carriers and drivers. FAST reinforces border protection by directing our focus on elements of high risk. This expedites the flow of low-risk goods and people across the Canada-U.S. border. FAST is the equivalent of CSA and Partners in Protection (PIP) programs. CSA approved carriers and importers need only to apply to PIP to become fast approved. For more details on the benefits of the FAST program, visit the following website: http://www.cbsa.gc.ca/prog/fast-expres/menu-eng.html

Administrative Monetary Penalty System (AMPS) AMPS allows for the imposition of civil monetary penalties through an administrative process: This ensures that Customs can respond to each instance of non-compliance in a manner that embraces the concepts of fairness, flexibility and transparency. Penalties are assessed according to the compliance history of the client and the severity of the violation: There are maximum penalty amounts and a range of graduated penalties.

AMPS Penalties Example - Contravention #C070 1st Infraction - $100.00 Importer or owner fails to account for goods in the prescribed manner and, where they are to be accounted for in writing, in the prescribed form containing the prescribed information. 1st Infraction - $100.00 2nd Infraction - $500.00 3rd and Subsequent Infractions - $1,000.00

AMPS Penalties Example - Contravention #C152 Importer or owner of goods fails to furnish the proof of origin upon request. 1st Infraction - $1,000.00 2nd Infraction - $5,000.00 3rd Infraction - $10,000.00 Subsequent Infractions - $25,000.00

Please see the website for additional information: AMPS (Cont’d) The results of our verification will form “Reason to Believe” under section 32.2 of the Customs Act. Failure to comply with the verification findings will result in the imposition of AMPS penalties. Please see the website for additional information: http://www.cbsa-asfc.gc.ca/trade-commerce/amps/menu-eng.html

Reason to Believe Section 32.2 of the Customs Act requires that an importer who has “reason to believe” that a declaration of origin, tariff classification, and/or value for duty was incorrect, must: Make correction to this declaration within 90 days after the importer has reason to believe the declaration is incorrect. Pay any amounts and penalties owing as a result of the correction to the declaration. The details found in the Final Report and/or Customs adjustments will constitute “reason to believe” for the client.

Re-Assessment Policy Where reason to believe does not exist, prior to the verification: Reassessment Period – the importer’s previous 12 month fiscal period from the date of the notification of the verification, up to and including the end of the verification Compliance Verification will issue a Detailed Adjustment Statement (DAS) for errors found in the sample list of transactions reviewed. The importer must self-correct the same errors found outside of the sample for the reassessment period identified above. The Reason to Believe date would be the earlier of the date of issuance of the DAS or the date of the final report.

Re-Assessment Policy (cont’d) Where the importer had prior Reason to Believe (such as a ruling): Reassessment Period – back to the earliest date of the specific information, to a maximum of four years as provided for in the Customs Act. Compliance Verification will issue DAS’s and AMPS penalties on all errors found in the sample list of transactions. Importers must self-correct for all of the same errors found outside of the sample, back to the date of Reason to Believe, up to the date of the final report. Self-corrections will receive an AMPS penalty and the prescribed rate of interest will apply.

Monitoring In some instances, periodic monitoring will take place to ensure compliance with the requirements outlined in the Final Report. The details found in the Final Report and/or Customs adjustments will constitute “reason to believe” for the client. Monitoring of the issues detailed in the Final Report may begin as early as 6 months from the date it is issued. Sample transactions are drawn to verify if the client has been compliant since the findings of the verification were made known to the company. The client is advised of the results.

Final Notes: Standards of confidentiality will be maintained as set out under Section 107 of the Customs Act. For more information on the CBSA visit: http://www.cbsa.gc.ca Thank You