Administrative Monetary Penalty System
C046

Contravention

When requested by an officer, operator of a bonded warehouse or duty free shop failed to allow an officer free access to the warehouse or duty free shop or any premises or place under his control that is attached to or forms part of the warehouse or duty free shop.

Penalty

Occurrence Penalty
1st $500
2nd $750
3rd and subsequent $1,500
Penalty basis
Per instance
Retention period
36 months

Guidelines

Non-compliance occurs when operator of a bonded warehouse or duty free shop fails to permit access to any premises under his control when a request was made by an officer.

Applied against operator of a bonded warehouse or duty free shop or, when approved for the Duty Deferral Program, applied against the processor, importer or exporter.

Access must be granted to any place that is part of or attached to any place where goods are reported, loaded, unloaded or stored.

The officer must first clearly indicate he is requesting access to the premises. This request may be done verbally or in writing upon or prior to arrival at the location for examination of the goods.

Penalty is applied if entry is prevented, refused or there is failure to take the necessary steps to allow access to the officer. However, a security guard or an employee who refuses to allow the entry to the premises should not be considered as preventing / refusing entry, when he, within a reasonable time frame, is in the process of contacting or obtaining permission or authority from a person in charge of the operation.

For failure by the person who transported (carrier) or caused to be transported (transporter company) to allow an officer access to an area where the in bond goods are being held, see C042.

For failure to allow access to a sufferance warehouse, see C356.

References

Legislation

Customs Act, section 27

D-Memo

D7-4-4, Customs Bonded Warehouses

Other

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