AMPS Penalty C379 - Highway

AMPS penalty C379 is based on whether CBSA had sufficient time to properly assess the risk of the electronically submitted information related to the cargo and conveyance entering Canada.  CBSA had issued a number of penalties prior to May 29, 2017 before introducing an Interim Turnaround Policy CN 17-19.  Between May 30, 2017 and November 3, 2020 CBSA allowed carriers to return to the United States if they didn't comply with the ACI requirements and highway carriers who still crossed were subject to AMPS penalties. A graph below indicates the number of penalties and amounts issued to carriers in all modes between January 1, 2016 and June 30, 2020. 

C379 is issued based on whether individual shipment(s) and / or a conveyance report has met the one-hour prior notice timeline and have been submitted in the prescribed manner.  The penalty also includes an escalation clause where CBSA will not issue a second level penalty until 30 days have elapsed from when the first (first level) Notice of Penalty Assessment was issued. The escalation provision do not apply between the second and third penalty levels.

To minimize the potential of receiving this penalty carriers must ensure their Professional Transport Operators /  Drivers only report to the border after the prior notice period has been met. 

A few potential strategies carriers could consider to ensure their driver(s) don't report to the border too early include: 

• If the cross-border conveyances positions are electronically monitored, consider creating geofences close to the borders as a tool to notify staff when a truck is approaching the border to ensure the eManifest is accepted and the prior notice requirement has been met.  

• Only notify the Professional Transport Operator / Driver when they can cross the border after the eManifest has been accepted.  Ensure the driver knows when the one-hour prior notice period will be or has been met.

• If you send the Professional Transport Operator / Driver an ACI lead sheet only send it only after the eManifest has been accepted.  Ensure the driver knows when the one-hour prior notice period will be or has been met.

• If you send the Professional Transport Operator / Driver eManifest information via satellite, text, or e-mail message ensure they know when the one-hour prior notice period will be or has been met.

• If the eManifest is cancelled (or deleted), cancelled and resubmitted, changed, corrected, cancelled or modified such that the prior notice time period has been reset or the manifest doesn't exist within the CBSA system consider adding additional steps to your process to notify the driver that the manifest has been cancelled or changed.  Then new notifications should be resent to the driver after the eManifest has been successfully submitted notifying the Professional Transport Operator / Driver when the prior notice period has been or will be met.   

Occasionally CBSA will temporarily relax the ACE eManifest requirements during systems outages.  CBSA will advise carriers when there is an outage and when to follow CBSA’s System Outage Contingency Plan.  Carriers can request the TCCU send them email notifications of planned and unplanned outages.  To assist carriers in determining when CBSA system outage is incurring the eManifest Express software displays a notification message on top of some web pages. 

Note:  eManifest Express has incorporated a number of flags / warnings and automations into the eManifest Express ACI software designed to assist carriers in complying with the eManifest requirements.  To learn more about the eManifest solution, request a demonstration or partake in a 30 day free trial contact us to make arrangements.