The Administrative Monetary Penalty System (AMPS)

AMPS at a glance

• The Administrative Monetary Penalty System (AMPS) is a civil penalty regime that secures compliance with customs legislation through the application of monetary penalties.
  
  
• AMPS largely replaces the use of seizure and forfeiture provisions for technical infractions. Seizure and ascertained forfeiture will only be used for the most serious offences.
  
  
• AMPS applies to contraventions of the Customs Act and the Customs Tariff and the regulations thereunder, as well as contraventions of the terms and conditions of licensing agreements and undertakings.
  
  
• AMPS will impose monetary penalties in proportion to the type, frequency, and severity of the infraction. Most penalties are graduated and will take the compliance history of the client into consideration.
  
  
• AMPS does not pose any new obligations to comply with customs legislation, regulations and undertakings. AMPS does not affect businesses that comply with customs requirements.
  
  
• AMPS was partially implemented on December 3, 2001, with the introduction of penalties for five Customs Self-Assessment (CSA) contraventions. For the remaining contraventions, a transition period was in effect from December 2001 to October 2002. The transition period provided businesses an opportunity to become aware of weaknesses in their customs-related systems and processes and take corrective action before AMPS came into affect.
  
  
• Full implementation of AMPS in the commercial stream took place on October 7, 2002.