Export Permits Regulations (SOR/97-204)

Regulations are current to 2017-11-20 and last amended on 2017-09-21. Previous Versions

Export Permits Regulations

SOR/97-204

EXPORT AND IMPORT PERMITS ACT

Registration 1997-04-15

Export Permits Regulations

P.C. 1997-583 1997-04-15

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

Interpretation

 The definitions in this section apply 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 or an amendment to a permit. (requérant)

controlled goods

controlled goods has the same meaning as in the Defence Production Act. (marchandises contrôlées)

customs office

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

goods

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

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

List

List means the Export Control List. (Liste)

officer

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

Minister

Minister means the Minister of Foreign Affairs. (ministre)

permit

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

United States export authorization

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)

  • SOR/2001-34, s. 1;
  • SOR/2003-216, s. 1.

Exclusion

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

    • (a) goods that are included in the List pursuant to section 3.1 of the Act;

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

    • (c) any goods that are referred to in items 5201 to 5210 of Group 5 of the schedule to the List.

  • (2) Paragraph (1)(b) ceases to have effect on the day item 5104 of Group 5 of the schedule to the List is repealed.

  • SOR/2017-182, s. 1.

Application for a Permit

  •  (1) An applicant for a permit shall 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 and telephone number and, if the applicant is a corporation, the name of a contact person;

    • (c) if the applicant is applying for a permit for, on behalf of or for the use of another person who will export the goods, the name, address and telephone number of the other person;

    • (d) the customs office at which the goods will be reported in the prescribed form under the Customs Act;

    • (e) the name and address of each consignee;

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

    • (g) for each type of separately identifiable goods,

      • (i) the country of origin of the goods and, if any portion of the goods is of United States origin and is included in item 5400 of Group 5 of the schedule to the List, the percentage that the portion is of the total cost of the goods,

      • (ii) if the goods are included in the schedule to the List, the corresponding item number of those goods in the Guide,

      • (iii) the Harmonized Commodity Description and Coding System commodity code, if available,

      • (iv) a description of the goods, including 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 the goods, and

      • (v) the quantity, unit value and total market value of the goods, free on board (f.o.b.), factory or first shipping point of Canada and the approximate net weight;

    • (h) the total value of all types of separately identifiable goods intended to be exported;

    • (i) an indication of whether the permit is to be sent by mail or courier service to the applicant or the exporter or to be held for pick-up; and

    • (j) information that may be required by the Minister in respect of the purpose for which the applicant proposes to export the goods, in order to establish that the export of the goods is consistent with the purpose for which the export of the goods is controlled, including

      • (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 and the person from whom the applicant purchased the goods,

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

      • (vi) a summary report on prior exports of like goods by the applicant,

      • (vii) the name and address of the person from whom the applicant acquired the goods,

      • (viii) the intended end-use of the goods by the consignee of the goods,

      • (ix) the intended end-use location of the goods if different from the location of the consignee,

      • (x) the export permit numbers of any previous export permits issued to the same applicant,

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

      • (xii) an in-transit authorization.

  • (2) In addition to the application form, the applicant shall submit to the Minister

    • (a) a declaration that, to the best of the applicant’s knowledge, the goods will enter into the economy of the country referred to in paragraph (1)(f) and will not be transhipped or diverted from that country;

    • (b) in the case of controlled goods, proof of registration or exemption from registration under the Controlled Goods Regulations or proof that the person occupies a position referred to in paragraph 36(a) of the Defence Production Act;

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

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

      • (ii) any goods incorporating any goods of United States origin that are controlled goods, or

      • (iii) any goods manufactured in Canada using any goods of United States origin that are controlled goods; and

    • (d) a declaration that the information provided under this section is true, complete and correct.

  • SOR/2001-34, s. 2;
  • SOR/2003-216, s. 2.

 An applicant shall send all copies of the application form, except the applicant’s file copy, together with any attachments to the Minister.

Issuance of Permits

 Where an application for a permit is approved and signed by the Minister, the application form, together with the information and the terms and conditions in it, becomes a valid permit and shall not be amended except by the Minister under section 10 of the Act.

  • SOR/2003-216, s. 3(E).

 A permit shall be sent to or held for the applicant or the exporter, as requested in the application.

Shipping Requirements

  •  (1) Subject to subsection (2), at the time of exportation of the goods, the exporter shall surrender the permit to an officer at the customs office specified in the permit.

  • (2) An exporter who exports goods in a series of shipments over the term of the permit shall so inform an officer at the customs office specified in the permit when presenting the permit for each shipment made under the authority of the permit. The officer shall mark each shipment of the series on the permit and shall return the permit to the exporter. This procedure is repeated until the total quantity of goods covered by the permit has been exported or the permit has expired, at which time the exporter shall surrender the permit to an officer at the customs office specified in the permit.

  • SOR/2003-216, s. 4.

 Where the goods described in the permit are required to be reported in a prescribed form under the Customs Act, that form shall be presented with the permit to the officer referred to in section 7.

 The officer at the customs office shall, 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. If the permit is not valid or there is a discrepancy between those documents, or if the description of the goods in the permit differs from the goods in the shipment that are exported under the authority of the permit, the officer shall refuse to allow the export.

Export by Mail or Courier Service

 When goods are exported by mail, the permit under the authority of which they are exported shall be presented by the applicant or the exporter to the appropriate person at the post office where the goods are mailed, and that person shall stamp the permit and return it to the nearest customs office.

  •  (1) When goods are exported by courier service, the applicant or the exporter shall remit the permit to the courier service together with the goods.

  • (2) The courier service shall present the permit to an officer at the customs office at which the goods are required to be reported in the prescribed form under the Customs Act.

Amendments to Permits

 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.

 If a request for an amendment to a permit is approved, the letter of the Minister amending the permit, together with the original permit, becomes a valid permit, as amended, and shall not be amended except by the Minister under section 10 of the Act.

Lost Permits

 If a permit is lost or destroyed, the permit holder may request a replacement permit from the Minister. When making the request, the permit holder must submit a declaration

  • (a) stating that the permit has been lost or destroyed and giving an explanation of the loss or destruction;

  • (b) stating that none of the goods described in the permit have been exported or, in the case of multiple shipments, indicating which of the goods described in the permit have been exported; and

  • (c) in the case of a lost permit, stating that the permit holder undertakes to return the lost permit to the Minister without delay if it is found.

Repeal

 [Repeal]

Coming into Force

 These Regulations come into force on April 15, 1997.

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