Export Permits Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 12(a) and (b) of the Export and Import Permits Act, hereby makes the annexed Export Permits Regulations.^note

Interpretation

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The definitions in this section apply in these Regulations.

Act means the Export and Import Permits Act. (Loi)

applicant means a resident of Canada who applies for a permit or an amendment to a permit. (requérant)

controlled goods [Repealed, SOR/2023-118, s. 1]

customs office has the same meaning as in subsection 2(1) of the Customs Act. (bureau de douane)

DPA controlled goods has the same meaning as controlled goods, as defined in section 35 of the Defence Production Act. (marchandises contrôlées de la LPD)

goods means

(a)goods as described in the Guide that are intended for export to a destination specified in respect of those goods in section 2 of the List; or

(b)goods that are intended for export to a country included in the Area Control List. (marchandises)

Guide has the same meaning as in section 1 of the List. (Guide)

List means the Export Control List. (Liste)

officer has the same meaning as in subsection 2(1) of the Customs Act. (agent)

Minister [Repealed, SOR/2023-118, s. 1]

permit means an export permit issued pursuant to subsection 7(1) of the Act. (licence)

United States export authorization means a copy of any of the following approvals issued by the United States under the International Traffic in Arms Regulations, Title 22, Parts 120-130 of the Code of Federal Regulations (United States):

(a)an export licence;

(b)a Warehousing and Distribution Agreement;

(c)a Technical Assistance Agreement;

(d)a Manufacturing Licence Agreement;

(e)a re-export authorization letter; or

(f)a U.S. export licence exemption. (autorisation d’exportation des États-Unis)

Exclusion

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(1)These Regulations do not apply to the exportation of

(a)softwood lumber products that are described in item 5104 of Group 5 of the schedule to the List; or

(b)any goods that are referred to in items 5200 to 5210 of Group 5 of the schedule to the List.

(2)Paragraph (1)(a) ceases to have effect on the day item 5104 of Group 5 of the schedule to the List is repealed.

Application for a Permit: Strategic and Military Goods and Technology

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(1)This section does not apply to the exportation of goods referred to in subsection 4(1).

(2)An applicant for a permit must submit to the Minister a duly completed and signed application form, provided by the Minister, containing the following information:

(a)the date on which the application form is completed;

(b)the applicant’s name, address, telephone number, email address and any facsimile number and any identifier number assigned by the Minister and, if the applicant is a corporation, the name and telephone number of a contact person familiar with the application;

(c)if the applicant is applying for a permit on behalf of, or for the use of another person or corporation who will export or transfer the goods or technology, the name, address, telephone number, email address and any facsimile number of the other person or corporation and any identifier number assigned by the Minister and the name and telephone number of a contact person familiar with the application;

(d)the name, address, telephone number, email address and any facsimile number of each consignee and the name and telephone number of a contact person associated with the consignee who is familiar with the application;

(e)the country in which the goods or technology are to be used or the country of final destination;

(f)for each type of separately identifiable goods or technology,

(i)their country of origin and, if any portion of them is of United States origin and is included in item 5400 of Group 5 of the schedule to the List, their proportion to the total cost of the goods or technology, expressed as a percentage,

(ii)if they are included in the schedule to the List, their corresponding item number in the Guide,

(iii)a description of the goods and technology including, as applicable, their purpose and technical specifications, with sufficient detail to disclose their true identity and in terms that avoid the use of trade names, technical names or general terms that do not adequately describe them,

(iv)the quantity, unit value and total market value of the goods or technology,

(v)the factory where the goods or technology were made or the first shipping point in Canada, and

(vi)the approximate mass, net weight or volume of the goods or technology;

(g)an indication of the means by which the permit should be sent to the applicant or the exporter; and

(h)information to establish that the export or transfer of the goods or technology is consistent with the purpose for which the export or transfer of the goods or technology is controlled, consisting of one or more of the following:

(i)an International Import Certificate,

(ii)an End-use Certificate,

(iii)an End-use Statement,

(iv)a copy of the contract of sale between the applicant or the exporter and the person from whom the applicant or the exporter purchased the goods or technology,

(v)a copy of the contract of sale between the applicant or the exporter and the person to whom the applicant sold the goods or technology for export or transfer,

(vi)a copy of the commercial invoice that relates to the export or transfer,

(vii)a copy of a letter of credit or other financial documentation which identifies the Canadian and foreign financial institutions involved in the export or transfer,

(viii)the name and address of the person from whom the applicant or exporter acquired the goods or technology,

(ix)the intended end-use of the goods or technology by their consignee,

(x)the intended end-use location of the goods or technology, if different from the location of the consignee,

(xi)an import permit issued by the government of the country for which the goods or technology are destined, or

(xii)an in-transit authorization.

(3)In addition to the application form, the applicant must submit to the Minister

(a)a declaration that, to the best of their knowledge, the goods or technology will enter into the economy of the country under paragraph (2)(e) that is identified in the application form, and will not be transhipped or diverted from that country;

(b)in the case of goods or technology referred to in Group 2, Group 6 or item 5504 of Group 5 of the schedule to the List:

(i)if they are DPA controlled goods

(A)proof of registration or exemption from registration under the Defence Production Act and the Controlled Goods Regulations; or

(B)proof that the applicant or the exporter is a person that Part 2 of the Defence Production Act does not apply to, under section 36 of that Act; and

(ii)if they are not DPA controlled goods, a declaration attesting that the applicant has reviewed the Defence Production Act and determined that they are not exporting or transferring DPA controlled goods; and

(c)a United States export authorization in respect of the following goods

(i)any DPA controlled goods that are of United States origin,

(ii)any goods incorporating DPA controlled goods of United States origin, or

(iii)any goods manufactured in Canada using any DPA controlled goods of United States origin.

Application for a Permit: Certain Forest Products

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(1)This section applies to the exportation of goods that are referred to in items 5101 to 5103 of Group 5 of the schedule to the List.

(2)An applicant for a permit must submit to the Minister a duly completed and signed application form, provided by the Minister, containing the following information:

(a)the date on which the application form is completed;

(b)the applicant’s name, address, telephone number, email address and any facsimile number and any identifier number assigned by the Minister, and if the applicant is a corporation, the name and telephone number of a contact person who is familiar with the application;

(c)if the applicant is applying for a permit on behalf of, or for the use of another person or corporation who will export the goods, the name, address, telephone number, email address and any facsimile number of the other person or corporation and any identifier number assigned by the Minister, and the name and telephone number of a contact person who is familiar with the application;

(d)for logs harvested in British Columbia, the customs office at which the logs will be exported;

(e)the name, address, telephone number, email address and any facsimile number of each consignee, and the name and telephone number of a contact person associated with the consignee who is familiar with the application;

(f)the country in which the goods are to be consumed or the country of final destination;

(g)for logs harvested outside of Canada, the country of origin of the logs;

(h)for logs harvested in Canada, the province in which the logs have been harvested;

(i)a description of the goods, including species, total quantity, total volume or net weight and total value of the goods;

(j)for logs harvested in British Columbia, the sort, grade and scale of the logs and any other identifier marks, including timber mark, boom number and load slip number;

(k)for logs harvested in British Columbia, the name of the transportation company and means of transport;

(l)for logs harvested in British Columbia, their anticipated date of export;

(m)an indication of the means by which the permit should be sent to the applicant or the exporter;

(n)for logs harvested in British Columbia, any documentation of authorization, recommendation or consent from the applicable authority; and

(o)for logs harvested on provincial lands in British Columbia,

(i)if the applicant is not the permit holder listed on the provincial permit, written confirmation from the provincial permit holder that the applicant is authorized to submit the application on their behalf,

(ii)if the consignee identified under paragraph (e) differs from the consignee listed on the provincial permit, written confirmation from the provincial permit holder that the consignee listed on the application is accurate, and

(iii)a detailed summary of the scale of the logs.

Shipping Requirements

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At the time of exportation of the goods, including goods containing controlled technology, the exporter must provide the permit to an officer at the customs office, within the reporting time frames specified in the Reporting of Exported Goods Regulations.^note

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The officer at the customs office must, when the permit is presented, ensure that it is valid and compare the information in the permit with that contained in the prescribed form under the Customs Act.^note

Amendments to Permits

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A permit holder may, in writing, before the expiry date shown on the permit, make a request to the Minister to amend the permit. The request must state the terms or conditions of the permit in respect of which the amendment is being requested and the reasons for the amendment.^note