CCP04040 - Customs Civil Penalty Warning Letter process : Warning Letters
There are notes on how to complete a warning letter in section CCP08000 (with an alternative paragraph for contraventions involving system deficiencies). When drafting the description of the contravention you should take the following steps:
- Clearly establish what the person concerned has done wrong.
(You may need to refer to regime specific guidance).
- Identify the relevant provision which has been contravened.
- Consult the schedule in the Customs (Contravention of a
Relevant Rule) Regulations 2003 or the Export (Penalty) Regulations
2003 and find the relevant contravention.
Note that if you cannot find a contravention in
the schedules there is no liability to a civil penalty, even though
a legal provision may have been contravened. Please advise Civil
Penalty Liason Officer accordingly.
- Use the legal provision which has been contravened to draft the description and refer to the schedule when making reference to the penalty. Note that the schedules do not replicate the legal provisions in full. You must consult the relevant law to identify the contravention.
There are specimen descriptions of the more common
contraventions see
CCP09000.
If you require any assistance in respect of determining the
appropriate contravention/Reason Code, or in drafting the
description, you should seek the advice of your regional Civil
Penalty Officer (CPO).
Serious errors and poor compliance
Warning letters have a lifespan of two years. Where compliance is satisfactory throughout the two year period the warning lapses and any further action starts afresh with a new warning letter (unless a direct to Penalty is appropriate). Penalty Notices also function as warning letters and start a fresh two year period.
Deficiencies in systems etc
Once a systems deficiency has been discovered, the trader must
be given time to take corrective action. You will need to treat
each case on its merits in determining what timescale is
reasonable.
You should issue a warning letter specifying the deficiency
and the date by which it must be remedied. The standard letter
warns of the liability to penalties in the event of failure to
comply.
You may come across cases where a trader or agent improves
their inadequate system during the period of grace, but relapses
and again makes the same errors. The only possible response is
another warning letter. No penalty can be levied, because the firm
concerned has in fact complied with the terms of the Warning
Letter.
You should Bring Forward (BF) the trader’s folder for a
further visit after the expiration of the grace time given.
Where the deficiency is not remedied within the time
specified (this should not exceed 6 months unless the circumstances
are exceptional), you should report the matter to the Penalty
Officer. The Penalty Officer may issue a Penalty Notice which also
functions as a further warning letter and sets a new date by which
the deficiency must be remedied.
