On April 19, 2004 Canada will implement its own “24 hour rule” which has been developed in conjunction with and closely follows the US Automated Manifest System.

ACI system requires carriers and freight forwarders to report cargo and conveyance information electronically prior to their arrival in Canada. This is to allow the Canada Border Service Agency (CBSA) to identify unknown or high risk goods.

Under ACI “marine carriers” will have the responsibility for reporting, this term has yet to be defined by CBSA but will probably mean the registered owners of the ship as no mention is made of charterers or other disponent owners having such responsibility. Charterers will of course need to ensure the information is properly reported to CBSA in order to avoid delay to the ship on account of improper reporting. It is likely the actual reporting will be done by the local agents. In order to transmit the information the carrier will need his own carrier code. The carrier will also need to post a bond to cover any duties, taxes or other charges including fines that may be imposed for failing to comply with ACI. Freight forwarders may apply for their own carrier code and transmit this directly to CBSA.

CBSA will allow third party service providers to transmit the information on behalf of carriers. Further information on this can be obtained from the CBSA web site: www.cbsa-asfc.gc.ca/import/advance/menu-e.html.

The information required for the ship will include the capacity – its routing and schedule. For the cargo the information must be detailed and in plain language, general descriptions will not be accepted.

The time frame for notice is generally 24 hours before loading for container cargoes and if CBSA has not responded to the notice within 24 hours the cargo may be loaded. For bulk cargoes the notice must be given 24 hours before arrival at a Canadian port, and for all other cargoes notice given 24 hours before loading and again 24 hours before arrival at a Canadian port. Notice of empty containers must be given 96 hours prior to arrival at a port.

Failure to comply with the requirements of ACI could lead to delay to the ship or even refusal to allow the ship into the port. Full and further information on the implementation of ACI can be obtained from the CBSA web site (www.cbsa-asfc.gc.ca/import/advance/menu-e.html)

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