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Canada - 24 Hour Advance Electronic Cargo Reporting
| This article contains clearer information in responsibility and procedures for compliance. Who Must Report? The responsibility for complying with the ACI initiative falls on the "Marine Carrier". The identity of the marine carrier for the purposes of ACI is a function of the type of data that is to be reported. Data pertaining to the cargo aboard the vessel must be transmitted by the carrier that has responsibility for said cargo. This responsibility will therefore fall to the carrier that generates the ocean bill of lading or the contract of carriage. Vessel information, on the other hand, must be transmitted by the entity responsible for operating the vessel, which could include the registered owner or time charterer. In practice, the vessel agent will likely transmit cargo and vessel data directly to the CSBA on behalf of the carrier. Carrier Code Marine Carriers will require a "Carrier Code" in order to transmit data to the CBSA. This code may be obtained by completing Form E370 - Application to Transact Bonded Carrier and Forwarding Operations - in the case of a bonded carrier. The CBSA webpage "Instructions to become a Bonded Marine Carrier" gives instructions on completion of this form and related information. For non-bonded carrier operations Form E369 is required. The completed form should be faxed to CBSA's Carrier & Cargo Policy Section at +1 613 957 9717. A Carrier Code is normally issued within two working days. Freight forwarders who may not wish to divulge certain information to the carrier or its agent may apply for their own "carrier code" and may electronically transmit this information directly to the CBSA. Customs Bond Marine carriers that wish to forward cargo in bond from a Canadian seaport overland to a Canadian destination must post security in the amount of CA $25,000 and complete Form E 370 (see above). Form D120 is the required form for a Customs Bond. Further information is given on CBSA webpage "Instructions to become a Bonded Marine Carrier". Security can be posted on a single trip or on a general authorization basis. The CBSA recommends that carriers transporting more than five shipments to Canada annually apply for general authorization in order to expedite Canadian customs formalities. The bond itself may be obtained from a CBSA-approved bonding establishment. The CBSA website provides a list of recognized institutions with which the bond can be posted. A carrier need not post a bond if it is not responsible for the inland movement of the cargo. Further information on Carrier Codes and Customs Bonds may be found on the Carrier And Cargo Policy Section page of the CBSA website and within the following CBSA Memorandums: D1-7-1Posting Security for Transacting Bonded Operations D3-1-1 Regulations Respecting the Importation, Transportation and Exportation of Goods D3-5-2 Marine Cargo - Import Movements How Is Information Reported? The CBSA currently offers five Electronic Data Interchange (EDI) options for carriers to transmit the required information to Canada Customs' host system. Details of these options are available on the Frequently Asked Questions page of the CBSA website. The CBSA permits third party service providers to transmit cargo and vessel data on behalf of carriers. Although the CBSA has not yet sanctioned any third party service provider, several companies have expressed an interest in offering the service. For a list of such companies contact the Electronic Commerce Unit of the CBSA. Their telephone number is 888-957-7224. Carriers must submit a completed application and Memorandum of Understanding between it and the service provider, before the CBSA will allow a third party to submit information on behalf of a carrier. In lieu of this documentation, the CBSA will accept a CBSA approved form that details the carrier's business information including contact and address information, carrier or freight forwarder code, and method of EDI transmission. Test Environment The CBSA has provided the guidelines by which carriers and freight forwarders must electronically submit cargo and vessel data, but has left it up to the parties themselves to develop the necessary forms to enable the task. To date, no standard form or manifest has been created by the CBSA. However, the CBSA has made available a test environment by which forms can be reviewed and evaluated, and where carriers can test the electronic transmission of data under the new ACI initiative. Carriers are encouraged to contact the Electronic Commerce Unit (ECU) at 888-958-7224 for more information regarding testing. What Must Be Reported? The vessel data must provide details identifying the vessel, its capacities, scheduling and routing information. The cargo data must be what the CBSA terms a "detailed commodity description". Descriptions must be in plain language, and detailed enough to allow CBSA officials to identify the size, shape, and characteristics of the commodity to be shipped. Therefore, general descriptions such as "apparel", "electronics", and "equipment" are not acceptable, and should be replaced with more specific terms such as "clothing", "personal/household electronics" and "Automotive Equipment", for example. The following non-exhaustive list, approved by the CBSA, is a guide to acceptable and unacceptable descriptions. |
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| Members should note that familiar notations used by carriers to limit their liability such as "freight of all kinds", "said to contain", and "shippers load stow and count", are unacceptable descriptions for the purposes of the ACI reporting requirement. This does not prevent a carrier from describing the goods in this way on the bill of lading, and a more specific EDI cargo description should not foreclose a carrier from relying upon a notation in a bill of lading that gives it a defence to a cargo claim. Timeframes Under ACI, carriers and freight forwarders must report cargo and vessel data electronically within established timeframes in advance of the arrival of the cargo and of the vessel to Canada. U.S. loaded cargo is not subject to advance electronic reporting timeframes. Advance reporting requirements for marine cargo loaded in the U.S. will be implemented in a future phase of ACI. Cargo Reporting Advance cargo reporting requirements are a function of the type of cargo being shipped. Container cargo The data pertaining to goods shipped to Canada in containers must be transmitted electronically 24 hours prior to loading the goods aboard the vessel that transports the goods to Canada. A carrier will be permitted to load a container if the CBSA has not issued a "HOLD" notice within 24 hours of successful data transmission of the cargo report. Bulk cargo The data pertaining to goods shipped to Canada in bulk must be transmitted electronically 24 hours prior to arrival in Canada. The ACI's definition of bulk goods, being "goods that are loose or in mass, such that they are confined only by the permanent structures of a large container or a transport unit, without intermediate containment or intermediate packaging", is a definition that has been harmonized with the meaning of bulk goods sanctioned by the United States Customs and Border Protection. Other For other cargo not shipped in containers or in bulk, reporting is a two step process: First, the cargo data must be transmitted 24 hours prior to loading the goods on board the vessel that transports the goods to Canada. If authorization to load is granted, the cargo data must once again be electronically transmitted 24 hours prior to arrival in Canada. Mixed Cargo In the case of mixed cargo, the containerized cargo must be reported 24 hours prior to loading at the foreign port, and the bulk cargo must be reported at least 24 hours prior to arrival in Canada. Empty Containers Data pertaining to empty containers carried onboard a vessel heading to Canada must be electronically transmitted 96 hours prior to arrival in Canada. Transshipments If after a cargo report has been electronically transmitted, cargo is removed from a vessel prior to arrival in Canada, and then laden on board another vessel for transport to Canada, the cargo data must be re-transmitted at least 24 hours prior to transshipment. Freight Remaining on Board All goods laden in a country other than the U.S. that will be Freight Remaining on Board (FROB) in Canada while in-transit to a third country must comply with the above timeframes, as a function of whether the cargo is moved in containers, bulk, or otherwise. Changes to Cargo All changes to cargo prior to loading will re-start the clock for reporting purposes. Vessel Reporting The vessel data must include details identifying the vessel, its capacities, and scheduling and routing information. Vessel data must be reported within the following time frames: |
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Source : Steamship Articles
01 Mar 2004