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20 May 2004. CMR - The Final Countdown “Light blue touchpaper and retire....” “....to 5 October and beyond”. Presentation to AFIF Conference Presented by Andrew Hudson Partner Hunt & Hunt. Background of Hunt & Hunt. Established in 1929 106 Partners (Yes I am Partner 106) Offices - PowerPoint PPT Presentation
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CMR - The Final Countdown
“Light blue touchpaper and retire....”
“....to 5 October and beyond”
CMR - The Final Countdown
“Light blue touchpaper and retire....”
“....to 5 October and beyond”
Presentation to AFIF ConferencePresentation to AFIF Conference
Presented byPresented byAndrew Hudson Andrew Hudson
PartnerPartner
Hunt & HuntHunt & Hunt
20 May 200420 May 2004
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Background of Hunt & HuntBackground of Hunt & Hunt
Established in 1929
106 Partners (Yes I am Partner 106)
Offices
• Sydney
• Melbourne
• Perth
• Brisbane
• Newcastle
• Eastwood
• Adelaide
• Canberra
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Background of Hunt & Hunt Background of Hunt & Hunt (cont)(cont)
• Darwin
• Hobart
• Auckland
• Shanghai
Established Practitioners in Customs, Trade and Transport to include
• Customs
• Commercial
• International Trade
• Marine and Aviation Insurance
• Litigation
• Compliance
• Property
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Background of Hunt & Hunt Background of Hunt & Hunt (cont)(cont)
Andrew Hudson
• Past Chair , Customs and International Transactions Committee of the Law Council of Australia
• Steering Committee of the International Law Briefing Committee of the Law Institute of Victoria.
• Website - www.hunthunt.com.au
• Customs, Trade and Transport Team
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““Light blue touchpaper and retire...” Light blue touchpaper and retire...”
What does the title mean?
Used to be the warning on fireworks. You lit the blue paper and ran away to protect yourself before the explosion
Aim of this presentation is to indicate how to protect yourself so that you do not get hurt in the explosion and can enjoy the fireworks
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CMR - The Final CountdownCMR - The Final Countdown
Don’t be mistaken - only certainties in life
• Birth
• Taxes
• Death
• CMR Compliance
You cannot ignore CMR
You can manage with proper preparation
You can even benefit from clients
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Steps to manage the “operative” CMR Steps to manage the “operative” CMR stagesstages
STEP 1
• What has already happened
STEP 2
• Review what is actually going to happen
STEP 3
• Consider steps to be undertaken in the organisation
STEP 4
• Advise clients and other contractors of changes
STEP 5
• Increase fees!
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STEP 1STEP 1
What has already happened with CMR
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What has already happenedWhat has already happened
1 July 2002 changes
• New strict liability penalties
• New audit powers
• New document and record retention obligations
• Infringement Notices
• New emphasis on compliance and regulation
Changes to 1 July 2002 changes
• Persons causing statements to be made liable under Section 234 and Section 243U
• New document keeping obligations
• Changes to Voluntary Disclosure. Not if any investigations or proceedings commenced!
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What has already happenedWhat has already happened
Enforcement action being taken
• Goods under Customs control
• Perception of low compliance on Export reporting
• Focus on the reporters
Remember that Customs website and Guidelines for Infringement Notice Scheme may not be entirely current
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STEP 2STEP 2
Review what is actually going to happen
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Review what is going to happenReview what is going to happen
Dust off old material
Training and past sessions may be slightly out of date
Secure and review ACS Material
Attend Industry sessions whether “refresher” or “new”
Changes to transitional arrangements for reporting between legacy systems and ICS
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STEP 3STEP 3
Consider steps to be undertaken in the organisation
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Changes to be taken in the organisationChanges to be taken in the organisation
Consider an audit of own practice
Do you have your Digital Certificate?
• Protect access as person “signing” primarily liable for “reporter” errors
• Report misuse
• Stop access to the non-authorised and ex-staff
Contract with software providers if not done so previously
Registered for access?
What type of access to ICS?
Book times for internal training
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Changes to be taken in the organisationChanges to be taken in the organisation
Map out all activities and processes to identify risks
Establish and apply new procedures for checking accuracy of all entries and reports not just Import entries
• Export entries
• Movement through warehouses
Send nothing for export unless CAN in place - “Deliverer” the only person liable!
Time for internal documentation and checklists
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Changes to be taken in the organisationChanges to be taken in the organisation
No movement of goods without Authority or Notification to Customs
Don’t forget to overlay the “in-bound” reporting requirements overseas
• Sea and Air Cargo to US
• US Bioterrorism
• Indian advanced reporting
• Maritime and Aviation Security
Time to look at every aspect of business
• Steps to authorise movement of goods
Revise Terms and Conditions to cover new liabilities and share with clients
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STEP 4STEP 4
Advise clients and other contractors of changes
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Recommend changes to ClientsRecommend changes to Clients
Use as a marketing opportunity
Conduct information sessions
• Enlist ACS help
• Enlist AFIF help
Advise them of impending changes
• “I told you it would happen”
• Start a “Countdown” clock
Introduce new Terms and Conditions
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Recommend changes to ClientsRecommend changes to Clients
Remind them of need for accuracy and timeliness
• Suggest an Audit
• Remind that new penalties on a strict liability basis
• Remind them that their cargo may be significantly delayed
• May lose established benefits
• Appeal to real, commercial concerns
Suggest Accredited Client
Improve reporting information exchange
Dealing with errors/contingencies