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Internal Audit Report
November 2009
The Canada Border Services Agency (CBSA) processes goods for import, collects duties and taxes, and enforces Canadian law, including the administration of legislation for other government departments (OGDs). Permits, licences, certificates or other OGD authorizations are used as a control to protect Canadians and their environment, to ensure that only approved goods are imported. Most goods entering Canada are of a commercial nature, are imported by commercial carriers, and therefore released and accounted for in the CBSA import systems.
Release of commercial imports is done within the CBSA Accelerated Commercial Release Operating Support System (ACROSS) and financial accounting for imports is done within the CBSA Customs Commercial System (CCS). Permit requirements, when administered by the CBSA at time of release, may be met using a paper or electronic process, depending on whether the issuing OGD has an electronic interface with the ACROSS.
The CBSA manages 24 commercial import program areas on behalf of 14 OGDs. Admissibility Branch has the responsibility to manage the relations with the OGD for the administration of commercial import programs. Enforcement, Operations, and Innovation, Science and Technology branches have specific responsibilities in regards to the administration of permit, licence and other requirements for commercial goods.
The objective of the audit was to assess the adequacy and effectiveness of the control framework for the administration of permit, licence and other requirements for commercial goods. The audit scope covered eight OGDs and 13 program areas, all CBSA regions, and included imports accounted for in the CCS with a demonstrable risk to the well-being of people, plants, animals and the environment.
The audit engagement was planned and conducted in accordance with the Internal Auditing Standards for the Government of Canada.
The audit concluded that the control framework for the administration of permit, licence and other requirements for commercial goods was partially adequate and effective. There were strengths identified in program areas with electronic controls. Improvements were needed particularly in the application of border controls for program areas that relied on reviews by border services officers and manual paper-based processes, and in performance measurement, monitoring and information sharing.
The use of Memorandums of Understanding (MOUs) is recognized as a best practice and they can be effective instruments to manage inter-agency relationships as they articulate the roles, responsibilities and expectations between the parties. The audit found that up-to-date MOUs were in place for three program areas reviewed. Performance measurement and monitoring were two gaps in the control framework and the responsibility for these functions was not clear between the CBSA and OGD. Having up-to-date MOUs would clarify inter-agency responsibilities and should facilitate the performance measurement and management review of the various program areas. While an MOU may not be necessary for all program areas, management should assess the risks with the particular OGD to determine the need for an MOU.
Program policies and procedures are keys to outline to border services officers (BSOs) their duties for the program areas. The audit found that CBSA policies and procedures were up to date in six program areas. Updates to policies and procedures were in progress during the course of the audit. Out-of-date policies and procedures may lead to requirements and procedures being improperly understood by BSOs or importers, and there is a potential risk that a product would enter the country without appropriate safeguards.
The application of border controls revealed strengths in the electronic systems controls for certain program areas. However, the BSO review and manual paper-based processes were not delivering expected results. Given that performance was not being measured, management was not aware of the performance gaps and therefore action was not taken to address the issues. The Agency's Single Window Initiative should improve the electronic interface with OGDs and expand electronic controls to other program areas. Management advised that the Initiative will take several years to materialize due to its complexity, need for resources and the possibility that it may require legislative changes.
The Admissibility Branch, on behalf of the other branches, agrees with the observations included in the report and has submitted management action plans to address its recommendations.
The Canada Border Services Agency (CBSA) processes goods for import, collects duties and taxes, and enforces Canadian law, including the administration of legislation for other government departments (OGDs).
Other government departments, through legislation or administrative agreements with the CBSA, such as Memorandum of Understanding (MOU), can require:
Permits, licences, certificates or other authorizations are controls used to protect Canadians and their environment by ensuring that only approved goods are imported. Most goods entering Canada are of a commercial nature, imported by commercial carriers and therefore released and accounted for in the CBSA import systems. For the purpose of this document, the term “permit” is all inclusive and includes permits, licences, certificates, movement documents, authorizations or any other OGD requirement that must be met prior to release of imports.
The CBSA releases commercial imports using the Accelerated Commercial Release Operations Support System (ACROSS). Releases may be effected by the ACROSS (machine release) or by a border services officer (BSO) processing releases in the ACROSS. The CBSA conducts financial accounting for imports using the Customs Commercial System (CCS).
Permit requirements, when administered by the CBSA at time of release, may be met using a paper or electronic process, depending on whether the issuing OGD has an electronic interface with the ACROSS. The CBSA manages OGD requirements by border release controls (i.e. BSO review of permits) and post release controls (i.e. monitoring and target development).
If the importer or the broker fails to obtain and present the required OGD permit, licence, certificate, authorization or other required information, prior to, or at the time of release, then the CBSA may apply the Administrative Monetary Penalty System (AMPS), penalty number C071. The issuance of an AMPS penalty will cost the client $100 for a first instance, $500 for a second and $1,000 for each instance thereafter. Penalty levels will be increased April 1, 2010, to $500, $750 and $1,500 respectively.
The CBSA manages 24 commercial import program areas on behalf of 14 OGDs. The Admissibility Branch, Partnerships Division, is responsible for a variety of OGD programs and policies, liaising with OGD and negotiation of MOUs falling within their responsibility, disclosure of import records, and is the office of primary interest (OPI). The Operations, Enforcement, Human Resources, and Innovation, Science and Technology branches are offices of secondary interest (OSI). Branch roles and responsibilities are included in Appendix A.
There have been no past audits in this program area. The Audit Committee approved the audit as part of the Three-year Risk-based Internal Audit Plan for the fiscal year 2008–2009.
The risk assessment, combined with preliminary findings based on research, analysis and consultations held with the Admissibility and Operations branches identified the following key risk areas:
The objective of the audit was to assess the adequacy and effectiveness of the control framework for the administration of permit, licence and other requirements for commercial goods.
The audit scope covered eight OGDs and 13 program areas, all CBSA regions, and included imports accounted for in CCS with a demonstrable risk to the well-being of people, plants, animals and the environment. A list of OGDs and program areas included in this audit is included in Appendix B.
The audit scope did not cover personal goods imported in traveller luggage or through the postal system, goods released verbally or by Order-in-Council [ 1 ], or goods having taxation or protection of market issues.
The examination phase of the audit and transaction review of imports was conducted during the period of January to May 2009:
Audit criteria were established based on the risk assessment, recognized management control framework elements and CBSA established procedures. Detailed audit criteria are provided in Appendix C.
The audit engagement was planned and conducted in accordance with the Internal Auditing Standards for the Government of Canada.
The audit found that the control framework for the administration of permit, licence and other requirements for commercial goods was partially adequate and effective. There were strengths identified in program areas with electronic controls. Improvements were needed, particularly in the application of border controls for program areas that relied on reviews by border services officers and manual paper-based processes, and in performance measurement, monitoring and information sharing.
An adequate control framework ensures that non-compliant goods are detected, requirements enforced and/or the goods interdicted, and information appropriately funnelled to the applicable OGD. The use of Memorandums of Understanding (MOUs) is recognized as a best practice and they can be effective instruments to manage inter-agency relationships as they articulate the roles, responsibilities and expectations between the parties. The audit found that policies and procedures were up to date for half of the program areas and MOUs were up to date for three of the program areas reviewed. Roles and responsibilities within the CBSA were understood for the most part, however, performance measurement and monitoring were two gaps identified in the control framework, and therefore, the responsibility for these functions was not clear between the CBSA and the OGD.
The application of border controls revealed strengths in the electronic system controls for certain program areas. However, the BSO review and manual paper-based processes in place did not achieve expected results and the degree of non-compliance was beyond acceptable levels. Given that performance was not being measured, management was not aware of the performance gaps and therefore action was not taken to address the issues.
Policies and procedures were up to date for half of the program areas and MOUs were up to date for three of the program areas. Roles and responsibilities within the CBSA were understood for the most part, however, accountabilities and responsibilities were not understood for the areas of performance measurement and monitoring.
An adequate control framework requires defined roles and responsibilities; expectations negotiated between parties; complete and up-to-date policies and procedures; knowledgeable people; program oversight; performance measurement; and monitoring. An effective control framework for the administration of permit, licence and other requirements for commercial goods would ensure that non-compliant goods are detected, requirements enforced and/or the goods interdicted, and information appropriately funnelled to the applicable OGD.
The audit found that CBSA policies and procedures were published as Customs Memorandums (D19 memos); these were available online and by hard copy. The D19 memos were up to date for six program areas and updates were in progress for certain program areas. Out-of-date or incomplete policies may lead to requirements and procedures being improperly understood by importers or BSOs.
From a legal perspective, MOUs are not needed to enforce OGD requirements on goods at time of import because the Customs Act s.101 provides the CBSA with the legal power to administer and enforce requirements for “any Act of Parliament”. However, MOUs can be effective instruments to manage inter-agency relationships as they can articulate the roles, responsibilities and expectations between the parties. In this case MOUs were up-to-date for three of the 13 program areas reviewed. Out-of-date or incomplete MOUs may hinder the OGD programs as border management responsibilities may be unclear to the CBSA.
The audit found that roles and responsibilities within the CBSA were generally defined and understood. Admissibility Branch has the responsibility to manage the relations with the OGD for the administration of commercial import programs. The Operations Branch was responsible to administer and enforce requirements on imported goods. Management of OGD requested targets was centralized in the National Risk Assessment Centre (NRAC) within the Operations Branch; NRAC was responsible for the risk assessment, target input to ACROSS, and results reporting on OGD targets.
The audit found that there was no performance measurement or monitoring in place to assess the achievement of program objectives or to identify emerging areas of non-compliance. Furthermore, accountabilities were not always understood by program management. The CBSA was responsible and accountable for providing integrated border services, including the administration and enforcement of OGD requirements on imports, and for performance measurement of the CBSA. The audit found that monitoring and performance measurement activities were not exercised. Given that performance was not being measured, management was not aware of the performance gaps and therefore action was not taken to address the issues. Non-compliant imports may have been released and not detected, and the safety and security of people, plants, animals and the environment may have been compromised.
1. The Vice-President of the Admissibility Branch, in collaboration with the Enforcement and Operations branches and in consultation with other government departments, should develop and implement a process to monitor border controls, report on their effectiveness and take action to mitigate deficiencies.
Management Action Plan | Completion Date |
---|---|
OPI: Admissibility Branch, Partnerships Division The Admissibility Branch, in collaboration with the Enforcement and Operations branches, and in consultation with OGDs will: |
|
|
June 2010 |
|
October 2010 |
|
October 2011 |
|
November 2011 |
2. The Vice-President of the Admissibility Branch, in collaboration with the Enforcement and Operations branches, should develop and implement a plan to negotiate memorandums of understanding with other key government departments and to complete policies and procedures.
Management Action Plan | Completion Date |
---|---|
OPI: Admissibility Branch, Partnerships Division The Admissibility Branch, in collaboration with the Enforcement and Operations branches, will: |
|
|
March 2010 |
|
September 2010 |
|
December 2010 |
|
January 2011 |
The application of border controls revealed strengths in the electronic system controls for certain program areas. However, reviews by border services officers and manual paper-based processes in place did not achieve expected results.
The CBSA has a combination of release, post release[ 2 ] and corrective controls designed to promote compliance of the importers and make it easier for the CBSA to detect non-compliant imports.
Through transaction testing, the audit examined the application of these controls and assessed them using the following rating scale. The results are provided in Table 1.
Release controls |
Assessment |
---|---|
Electronic interface with OGD real time review of imports |
Satisfactory – The electronic controls performed as expected and all electronic release requests were funnelled to the OGD for a release recommendation. |
Electronic permit interface |
Partially satisfactory – The electronic controls performed as expected, but the BSO review to detect and electronically reject non-compliant release requests did not achieve expected results; consequently OGD requirements were not always enforced. |
Electronic control of imports with data download to OGD |
|
Paper processes |
Partially satisfactory – Transaction testing revealed that certain program areas with paper processes demonstrated a higher level of compliance, while others had a lower level of compliance. In cases of non-compliance, paper documents were not properly administered and OGD requirements were not always enforced by BSOs. |
Machine release selection – electronic exclusion profiles |
Partially satisfactory – The electronic control preformed as expected, within its limitations. However, a lack of the classification number at time of release, or non-declaration of goods, resulted in machine release. |
Post release controls |
Assessment |
Information sharing, monitoring and risk assessment |
Partially satisfactory – System capability was in place to produce information reports for monitoring purposes, and the CBSA produced occasional research reports. However, there was no regular and comprehensive post-release monitoring of imports by the CBSA or OGD to measure performance or to detect emerging areas of non-compliance. Information costs charged to the OGD and imprecision of the Canadian classification numbering system were issues. |
Targeting by the National Risk Assessment Centre (NRAC) |
Not assessed. |
Customs Commercial System (CCS) electronic rejection or referral |
Satisfactory – The electronic control worked as expected, within its limitations. |
Corrective controls |
Assessment |
Administrative Monetary Penalty System (AMPS) |
Partially satisfactory – Penalties have been issued for permit infractions. However no penalties were issued for non-compliant release requests that were included in the transaction audit. |
Transaction testing of commercial imports revealed that the program area of food, plant and animal (Canadian Food Inspection Agency) demonstrated a satisfactory level of control effectiveness. Several other program areas were for the most part satisfactory: rough diamonds and explosives (Natural Resources Canada); and firearms (Royal Canadian Mounted Police – Canadian Firearms Program).
For the other program areas, improvements were required to the application of controls. The audit found this was a national issue. BSOs did not consistently recognize OGD regulated goods and did not enforce OGD requirements when the release request or import was not compliant. Penalties under the AMPS were not issued in a number of cases even though the BSO rejected the release request to enforce the OGD requirement. As well, original documents such as paper certificates that should have been sent to the OGD were still attached to paper release requests.
The audit found that there were no “easy to use” CBSA reference tools, such as a consolidated Web site to help the BSO to recognize and process OGD regulated goods. The CBSA Enforcement Manual and D19 Customs Memorandums were available. Two OGDs had useful Internet database tools available. Furthermore, there was no CBSA internal 24/7 centralized phone service “help line” in place to effectively answer the questions of BSOs. Rather, BSOs were encouraged to contact the OGD for information. However, there is a multitude of regional and national OGD stakeholders who have a limited capacity to respond in a 24/7 environment.
During audit testing, a number of important matters were noted. Specifically:
The World Customs Organization Harmonized Commodity Description and Coding System is a six-digit, trade-based international classification nomenclature system. The Canadian classification numbering system builds on the international system with four additional digits managed by the Canadian government. The seventh and eight digits are set by Finance Canada and the ninth and tenth digits by Statistics Canada.
The original intent of the Canadian system was for duty assessment and to collect trade data. However, the CBSA and Customs brokerage use of the Canadian classification system has evolved beyond its original purpose. Although there are limitations, it is used when practical to manage imports at time of release through electronic system controls and to monitor imported commodities post release. Hence, a precise and stable classification system is a key control to manage OGD requirements and to provide accurate report information.
The audit found that the classification of goods was not always precise, as regulated goods were often grouped with non-regulated goods. In the past, the CBSA had assisted OGDs to obtain changes to the classification system for greater precision. Management indicated that obtaining changes to the classification numbering system was time-consuming and they had not invested in this activity. As well, classification numbers have been consolidated, making electronic controls less effective. Consequently, post-release monitoring efforts may be limited by imprecision of the classification numbering system, and issues of stability and precision may compromise the effectiveness of electronic controls in the future.
In 2003, the CBSA made a decision to cancel release controls for imports of certain program areas. This decision was part of a wider strategy to manage OGD requirements though a post-release control process of information sharing, monitoring, risk assessment and target development. As a result, importers and brokers no longer had to present permits to the CBSA for review to establish compliance.
The audit found that while CBSA had a targeting capacity available, the expected progressive developments of information sharing with the OGD, monitoring and risk assessment did not materialize. Transaction testing has confirmed that non-compliant imports may have been released at the border and import information on these goods was not obtained by the appropriate OGD.
Since planned controls were not fully implemented, it is difficult to determine the adequacy of these post release controls for these program areas. Management, in consultation with OGDs, will have to assess the current risks and implement a control process that mitigates the risks to an acceptable level.
The CBSA is working towards the establishment of a single window electronic interface between the CBSA and OGDs. This may allow OGD personnel to review imports in real time prior to their release. The Single Window Initiative plans to move beyond current successes such as the electronic interface between the CBSA and the Canadian Food Inspection Agency, to expand electronic controls with other OGDs.
Management has indicated this initiative may take several years to realize due to its complexity, resource requirements, system enhancements and potential legislative changes. Under this initiative, the CBSA would continue its enforcement role, as imports may not be declared or may be inappropriately presented for release or accounting without the required permit.
3. The Vice-President of the Admissibility Branch, in collaboration with the Enforcement and Operations branches should open discussions with other government departments to review the adequacy of border controls for controlled/regulated goods.
Management Action Plan | Completion Date |
---|---|
OPI: Admissibility Branch, Partnerships Division The Admissibility Branch, in collaboration with the Enforcement and Operations branches, will do the following: |
|
|
June 2010 |
|
October 2010 |
4. The Vice-President of the Admissibility Branch should consult other government departments in a review of the appropriateness of the Canadian classification numbering system for identifying controlled/regulated goods and develop a plan to address identified issues.
Management Action Plan | Completion Date |
---|---|
OPI: Admissibility Branch, Partnerships Division This review has already commenced as part of the CBSA's Single Window Initiative (SWI): |
|
|
Completed |
|
January 2010 |
|
July 2010 |
|
October 2011 |
|
October 2012 |
OGD | Commodity | Legislation | D memo |
---|---|---|---|
Health Canada |
Restricted and controlled drugs |
Food and Drugs Act |
D19-9-1 |
Controlled substances and precursors |
Controlled Drugs and Substances Act |
||
Public Health Agency of Canada |
Human pathogens |
Human Pathogens Importation Regulations |
None |
Environment Canada |
Endangered species |
Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act |
D19-7-1 |
Ozone-depleting substances |
Ozone-Depleting Substances Regulations |
D19-7-2 |
|
Hazardous waste |
Export and Import of Hazardous Waste and Hazardous Recyclable Material Regulations |
D19-7-3 |
|
Canadian Nuclear Safety Commission |
Radioactive materials |
Nuclear Safety and Control Act and related regulations |
D19-2-1 |
Canadian Food Inspection Agency |
Food, plant, animal products, live animals and animal pathogens. The Canadian Food Inspection Agency administers fish imports for the Department of Fisheries and Oceans for electronic release requests. Acts and regulations too numerous to list. |
D19-1-1 |
|
Natural Resources Canada |
Energy-using products |
Energy Efficiency Act and Regulations |
D19-6-3 |
Rough diamonds |
Export and Import of Rough Diamonds Act and Regulations |
D19-6-4 |
|
Explosives |
Explosives Act and Regulations |
D19-6-1 |
|
Department of Foreign Affairs and International Trade |
Military style firearms and other military application weaponry |
Export and Import Permits Act |
D19-10-2 |
Royal Canadian Mounted Police - Canadian Firearms Program |
Firearms |
Firearms Act |
D19-13-2 |
Lines of Enquiry | Criteria |
---|---|
Governance – Adequacy of the control framework | Roles, responsibilities and accountabilities are defined, communicated and understood. Policies and procedures are documented, communicated, up-to-date and readily available. Administrative agreements (MOUs) have been negotiated with OGDs (if needed) and are up-to-date. Monitoring, reporting and risk assessment processes are in place:
|
Compliance – Effectiveness of the control framework | The release of properly accounted for imports subject to other government department requirements is administered in accordance with acts, regulations, MOUs, and established policies and procedures. Where applicable, AMPS (C071) penalties are issued for imports not meeting OGD requirements (permits, licences, certifications, authorizations or any other OGD requirement). Permits, licences, certificates, authorizations or other documents are returned by the CBSA to the OGD, where applicable. Systems, processes and tools in place provide adequate control and promote compliance. |
In the context of this report the following terms are used as follows: