Is ACI our responsibility?

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We recently have a shipment to be sent to Canada. The freight forwarder said that the ACI declaration must be handled by us, the exporters, but the client insists that they will handle it themselves. I want to know who is actually responsible for the ACI declaration? If the declaration is incorrect or late, what risks will we, as exporters, have to bear?

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Expert Q&A

Grace Wang
Grace WangYears of service:10Customer Rating:5.0

Senior Foreign Trade ConsultantStart a Chat

From a compliance perspective,ACI (Advanced Commercial Information) is a mandatory requirement of the Canada Border Services Agency (CBSA). According to the regulations,As an exporter,you are the statutory party responsible for declarationEspecially under terms such as FOB and CIF,where you arrange transportation. Even if you entrust a freight forwarder to handle the operations,you remain the primary legal responsible party. If there are delays in declaration,inaccurate or omitted information,the CBSA will directly hold you accountable,and you may face fines of up to CAD 5,000,detention of goods,or return of shipments. Most importantly,you must provide written authorization to the freight forwarder before they can declare on your behalf. We recommend you immediately confirm with the freight forwarder the following: 1) whether they have obtained your electronic authorization,2) whether the declaration data fully matches the documents you provided,and 3) whether the submission was completed at least 24 hours before loading. Don’t simply trust clients’ claims that "they’ll handle it," unless they can present a Canadian importer code (RM) and provide a written commitment to assume liability. Otherwise,the risk remains with you.

Victor Sun
Victor SunYears of service:5Customer Rating:5.0

Trade Risk Control ManagerStart a Chat

At the practical level, although you are responsible for ACI declaration, in 99% of cases, it is your freight forwarder who handles it in the system. What you need to do is: Send the complete manifest information (including shipping documents, box numbers, product names, HS codes, and weight dimensions) to your freight forwarder at least 48 hours before loading the ship. In terms of fees, freight forwarders typically charge an operation fee of 200-400 RMB per declaration. Here's a key point:

Incoterms determine the boundaries of responsibility.If it's an EXW term, in theory, the importer is responsible for the entire transportation process and can appoint a Canadian agent to declare ACI on their behalf. However, if it's a FOB or CIF term, you must take the lead in this process. I suggest you set up a three-party email group with your clients and freight forwarders now to clarify who will provide the data, who will handle the operation, and the deadline. Don't wait until the goods arrive at the port to realize that ACI hasn't been declared. That will result in additional costs such as demurrage fees and amendment fees, which start at at least CAD 3,000.

Jason Wu
Jason WuYears of service:10Customer Rating:5.0

International Logistics & Supply Chain ManagerStart a Chat

This situation is very common, and the key point is that...We haven't clarified the boundaries of responsibilities yetYou can communicate with the client as follows: "To ensure the smooth customs clearance of the goods and avoid risks for both parties, we need to clarify the responsibility for ACI declaration. According to Canadian customs regulations, the exporter is the legal declarant. If you wish for your company to handle it, please provide your Canadian importer code (RM) and a written confirmation letter, and we will immediately forward it to the freight forwarder. Otherwise, we will entrust the freight forwarder to declare on our behalf, and the related fees will be settled with the invoice."

This approach is both professional and flexible. It is essential to add a clause in the contract: "Customs compliance: ACI filing responsibility must be confirmed in writing before shipment. Any delay or penalty due to unclear responsibility shall be borne by the party causing ambiguity."

If the client is a long-term partner, you can assume responsibility for the declaration, but transparently pass on the freight forwarding fees of 200-400 yuan to the client. Remember:

A verbal promise is the same as no promise at all.All responsibility allocations must be confirmed by email.

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