Export Permit (Steel Monitoring) Regulations (SOR/87-321)

Regulations are current to 2014-06-12

Export Permit (Steel Monitoring) Regulations

SOR/87-321

EXPORT AND IMPORT PERMITS ACT

Registration 1987-06-05

Regulations Respecting Export Permits Issued for Steel Export Monitoring Purposes

P.C. 1987-1120 1987-06-04

Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 12 of the Export and Import Permits Act, is pleased hereby to make the annexed Regulations respecting the issuance of Export Permits for steel export monitoring purposes.

SHORT TITLE

 These Regulations may be cited as the Export Permit (Steel Monitoring) Regulations.

INTERPRETATION

 In these Regulations,

“Act”

“Act” means the Export and Import Permits Act; (Loi)

“applicant”

“applicant” means a resident of Canada who applies for a permit under section 8.1 of the Act; (requérant)

“Department”

“Department” means the Department of External Affairs; (ministère)

“exporter”

“exporter” means a person who exports steel from Canada; (exportateur)

“permit”

“permit” means a permit to export steel issued pursuant to section 8.1 of the Act; (licence)

“steel”

“steel” means any type of steel or any product made of steel that is included on the Export Control List pursuant to section 5.1 of the Act. (acier)

APPLICATION

 These Regulations apply to the exportation of steel.

APPLICATION FOR PERMIT

 An applicant may apply either orally or in writing to the Special Trade Relations Bureau of the Department, or to any person authorized by the Minister to issue a permit on the Minister’s behalf, by furnishing the following information:

  • (a) the name and address of the applicant;

  • (b) information as to whether or not the applicant is a resident of Canada;

  • (c) the name and address of the exporter, if different from that of the applicant;

  • (d) the country of origin of the steel being exported;

  • (e) the name and address of the consignee to whom the steel will be exported;

  • (f) the country that is to be the final destination of the steel;

  • (g) the Canadian customs office at which the steel will exit Canada;

  • (h) the date or proposed date of exportation of the steel from Canada;

  • (i) a description of the steel, including the appropriate Special Trade Relations Bureau Classification Commodity Code;

  • (j) the number of units of the steel to be exported and the total value of those units in Canadian currency; and

  • (k) any additional information requested by the Minister in order to clarify the information furnished by the applicant or to provide a more detailed description of the steel.

ISSUANCE OF PERMIT

  •  (1) A permit shall be in the form set out in the schedule.

  • (2) Where a permit is issued, the Minister shall sign each copy of the permit and transmit two copies of the permit to the applicant.

EXPORTING REQUIREMENTS

 Every person to whom a permit has been issued shall, before exporting the steel described in the permit,

  • (a) certify

    • (i) that the information furnished in the application for the permit is true, and

    • (ii) that the person is a resident of Canada; and

  • (b) present a copy of the permit

    • (i) at the Canadian customs office located at the Canadian port of entry set out in the permit, or

    • (ii) at a Canadian customs office authorized by the Special Trade Relations Bureau of the Department.

TERMS AND CONDITIONS OF PERMIT

 A permit is issued on condition that

  • (a) the number of units of steel exported under the permit does not exceed the number of units of steel set out in the permit by more than five per cent;

  • (b) the value of the steel exported under the permit does not exceed the value of the steel set out in the permit by more than five per cent;

  • (c) the exporter keeps at the exporter’s place of business documents and records in respect of each exportation of steel for which a permit is issued, in such form and containing such information as will enable the country of origin of the exported steel to be determined, and retains every account and voucher necessary to verify the information contained in those documents and records;

  • (d) the exporter at all reasonable times

    • (i) makes the documents and records referred to in paragraph (c) available for inspection by any persons authorized by the Minister, and

    • (ii) provides to those persons every facility necessary for the inspection of the documents and records and permits copies thereof to be made by those persons; and

  • (e) where the documents and records kept by the exporter pursuant to paragraph (c) prove, on inspection, to be inadequate for the purpose of determining the country of origin of the exported steel, the exporter provides the additional documents or records necessary for making that determination.

LOST OR DESTROYED PERMITS

 Where a permit has been lost or destroyed, the person to whom it was issued may request from the Special Trade Relations Bureau of the Department a permit to replace it and shall, in so requesting, submit a statutory declaration containing

  • (a) a statement that the original permit has been lost or destroyed and an explanation of the circumstances of the loss or destruction; and

  • (b) in the case of a permit that has been lost, an undertaking to return the original permit to the Special Trade Relations Bureau of the Department without delay, if it is found.

GENERAL PERMITS

  •  (1) The Minister may, by order, issue general permits to export steel.

  • (2) A general permit issued pursuant to subsection (1) shall be subject to such terms and conditions as are set out in the permit.

SCHEDULE(Section 5)

GRAPHIC IS NOT DISPLAYED, SEE SOR/87-321, P. 2252