Vacation
of Civil Action
January 15, 2003
Canada Customs and Revenue Agency
Registered
Mr. Andrew M. McMechan
S.E. 16-1-29, Box 67
Pierson, Manitoba
R0M 1S0
Dear Mr. McMechan:
Subject: Ascertained Forfeiture I-WG-1509 - Appeal Number CS-23956
This refers to the above mentioned ascertained forfeiture issued by
Customs officials at Winnipeg, Manitoba, pursuant to section 124 of the
Customs Act, on December 10, 1996, in relation to exports of barley and
the use of your farm tractor in these exports and the farm tract's
subsequent removals from Customs on its return. 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 payment
received, in the amount of $5,000.00, is being returned with
interest. Please allow 6-8 weeks for the processing of the refund,
which will be sent to Walsh, Micay who made the payment on your behalf.
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. Also, no goods including conveyances shall be
removed from a Customs office by any person other than an officer in the
performance of his or her duties under the Customs Act, unless the goods
or conveyances have been released by an officer. Customs will
continue to take enforcement action where the regulations and requirements
are not met. Should you have any questions in respect of Customs
requirements respecting exports and of reporting to Customs, please
contact Mr. Claude Lemoine, Manager, Customs Client Services in Winnipeg, Manitoba
at 1-204-983-6000.
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.L. Woram
Manager, Adjudications Section (Western)
Customs Appeals Directorate
Appeals Branch
For the Minister of National Revenue
Fax: (613) 952-2432
cc: Walsh, Micay and Company
Barristers and Attorneys-At-Law
10th Floor Richardson Building
One Lombard Place
Winnipeg, Manitoba
R3B 3H1
Attention: Leonard Teilleur
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