Ascertained Forfeiture Number I-CA-1205 - Amended
AMENDED ON FEBRUARY 24, 2003, TO CORRECT NAME
OF ISSUING OFFICE AND DATE OF ASCERTAINED FORFEITURE
REGISTERED
Hold Diggers Alberta Inc.
R.R. #4
Lacombe, Alberta
T0C 1S0
Attention: Mr. Ron Duffy
January 20, 2003
Dear Mr. Duffy:
Subject: Ascertained Forfeiture Number
I-CA-1205 -- Appeal Number CS-11087
This refers to the above-mentioned ascertained
forfeiture issued by Customs officials at Calgary, Alberta, pursuant to
section 124 of the Customs Act, on September 25, 1997, in relation to an
exportation of barley. Your correspondence in the matter was
accepted as a request, under section 129 of the Customs Act, that the
Minister review the matter and render a decision in respect of the civil
enforcement action.
The provisions of the Customs Act require that
the decision of the Minister be made as soon as is reasonable possible.
Given the unusual and significant passage of time since the enforcement
action took place, the Canada Customs and Revenue Agency has decided to
vacate this civil action and it will not proceed with the review of the
matter. That is, the enforcement action is not being pursued and the
respective demand for payment is being withdrawn.
It is important to note that the above decision
does not affect or change the current export requirements. More
specifically, current regulations require that a report in writing to
Customs and presentation of an export licence to Customs be made prior to
exporting wheat and/or barley from Canada. Customs will continue to
take enforcement action where the regulations are not met. Should
you have any questions in respect of Customs requirements respecting such
exports, please contact Ms. Janyce Clark, Manager, Customs Client Services
in Calgary, Alberta at 1-403-292-4121.
I wish to thank you for your patience and
understanding in this matter. If you have any questions, please do
not hesitate to contact the adjudicator, Don Pestaluky, at (613) 941-6156.
Yours truly,
N. Fabiano
Manager, Adjudications Section (Central)
Customs Appeals Directorate
Appeals Branch
For the Minister of National Revenue
Fax: (613) 952-2432
c.c. Canada Customs and Revenue Agency
Customs Collections
Room 330
220-4th Avenue S.E.
Calgary, Alberta
T2G 0L1
c.c. Canada Customs and Revenue Agency
Compliance Programs Branch
Investigations Division
13th Floor, Enterprise Building
427 Laurier Avenue West
Ottawa, Ontario
K1A 0L2
c.c. Canada Customs and Revenue Agency
Customs Investigations Division
Room 380
130, 220 4th Avenue S.E.
Calgary, Alberta
T2G 0L1
Attention: Manager Investigations
P.S. Due to legal complexities and
ongoing sensitivities that required consideration in respect of this case,
significant time has elapsed. In view of this we have concluded that
a decision of the Minister at this point would not meet the requirement of
a "forthright decision" and could negatively affect the
tenability of this particular enforcement action before the courts.
Thank you. |
