Administration of the Export and Import Permits Act (Exportations)
Memorandum D19-10-3
Ottawa, May 05, 2022
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In Brief
This memorandum has been revised to reflect:
- (a) Changes to the Canada Border Services Agency's (CBSA) role in administering the provisions of the Export and Import Permits Act (EIPA);
- (b) Incorporation of references to the methods of permit application; online and paper;
- (c) Updates and new information on goods moving in transit - paragraph 10;
- (d) Updates and new information on export permit procedures, reporting requirements and detention of goods within paragraphs 11 to 17;
- (e) Addition of new information on Administrative Monetary Penalties (AMP) on failure to meet export permit requirements when exporting goods within paragraph 21;
- (f) New contact information within paragraphs 20 to 23; and
- (g) Updates and new information on the Export Permit form and export permit procedures within appendices A and B.
This memorandum outlines the requirements and permit procedures for the exportation of goods listed in the Export Control List and for the exportation of goods to the countries listed in the Area Control List.
Table of contents
Legislation
Guidelines and general information
Definitions
1. For the purpose of the administration of the Export and Import Permits Act, the following definitions apply:
- Area Control List
- Means a list of countries established under section 4 of the Act;
- Act
- Means the Export and import Permits Act;
- Broker
- Means to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country, including a transaction referred to in subsection (1.1);
- Export Control List
- Means a list of goods and technology established under section 3 of the Act;
- Goods
- Means
- (a) goods as described in the Guide to Canada’s Export Controls that are intended for export to a destination specified in respect of those goods in section 2 of the Export Control List; or
- (b) goods that are intended for export to a country included in the Area Control List.
- Minister
- Means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of the Act;
- Permit
- Means an export permit issued pursuant to subsection 7(1) of the Act;
- Technology
- Includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List or a Brokering Control List;
Introduction
2. The Canada Border Services Agency (CBSA) assists Global Affairs Canada (GAC) with the administration of the Export and Import Permits Act.
3. The Export and Import Permits Act gives the Governor in Council the authority to establish the Export Control List and the Area Control List.
Export control
4. Export permits issued by GAC are required for the exportation of goods and technology listed in the Export Control List and for the exportation of any goods or technology to any country listed in the Area Control List, except in cases where such goods and technology are permitted exportation under the authority of a General Export Permit (GEP).
5. An application for an export permit must be filed with GAC. Export permit applications for strategic and military goods and technology, as well as logs, are requested online using the Export Controls Online (EXCOL) system.
6. Export permit applications for the majority of non-strategic goods controlled under Group 5 of the Export Control List as well as import permit applications for certain strategic goods, are requested online using the Export and Import Controls System (EICS). The exception to this is certain forest products falling under Item 5101 of the Export Control List, which are processed in EXCOL. Export permits are typically issued in electronic form and can be printed by the exporter.
7. Paper applications may also be requested using the forms that are available on the Export Controls website. When a permit application has been approved, GAC issues an export permit that is signed by an official with the delegated authority of the Minister of Foreign Affairs.
8. The exporter shall present a copy of the export permit to the CBSA, within the time frames specified in the Reporting of Exported Goods Regulations by mode of transportation, at the place specified in the permit authorizing the exportation. If no place is specified in that permit, it must be presented at the export reporting office located closest to the place of exit of the goods and/or technology from Canada. An example of an EXCOL export permit may be found in Appendix A.
9. Certain goods and technology may be exported under the authority of a General Export Permit. In such cases, it is not necessary to apply for an individual export permit. The relevant General Export Permit number must be quoted in the corresponding field on the export declaration, if one is required under the Customs Act. The CBSA must be satisfied that the proposed export falls within the terms of the General Export Permit.
Controlled goods moving in transit from the U.S. through Canada
10. In general, GAC does not require permits for goods and technology moving in transit. Please see Item 5401 (Goods and Technology in Transit) of the Export Control List for further information.
Export permit verification procedure
11. Border services officers will verify the accuracy of the export permits (permit number, validity dates, exporter name, quantities, etc.), ensure that permits have been issued/authorized by GAC, and will return the permits to the exporters.
12. In addition to the above verification procedures, for exports of logs listed under Item 5101 of the ECL:
- (a) At the CBSA offices outside of British Columbia, border service officers shall follow the process outlined in section 11.
- (b) Only at CBSA offices located along the Canada/US Border of the province of British Columbia, border services officers will:
- a. Initial and stamp export permits for logs listed under Item 5101 of the ECL; and
- b. Hold the permit and its accompanying load slip as part of the export report, according to the procedure set out in Appendix B to this memorandum. The log export permit and the accompanying load slip will be picked up routinely by an officer of the BC Ministry of Forests, Lands, Natural Resource Operations and Rural Development (BC FLNRORD).
13. Appendix B to this memorandum further describes the permit procedure and relevant responsibilities. Additional information may be found in D20-1-1, Export Reporting.
Amendments to individual permits
14. Necessary amendments to permits may be authorized by GAC. Types of amendments include: differences in permit and shipment quantities, extensions of validity and expiry dates, cancellations, etc. For further information on amendments to permits, contact Global Affairs Canada.
15. The Reporting of Exported Goods Regulations require that an accurate permit be provided to the chief officer of customs, within the applicable time set out in section 3 of the Regulations, and the goods and technology made available for inspection, at the place specified in the permit authorizing the exportation, or if no place is specified in that permit, at the export reporting office located closest to the place of exit of the goods and technology from Canada.
Detentions
16. The CBSA will not allow the goods to be exported (depending on circumstances goods may be detained or refused export) when:
- (a) no permit is presented;
- (b) the goods and technology are not as stated on the permit;
- (c) the quantity to be exported is greater than the quantity authorized on the permit;
- (d) the permit is not yet in effect or has expired;
- (e) there is uncertainty about the validity of the permit.
17. Under the above circumstances, the exporter will be advised to contact GAC (refer to paragraphs 20 to 23); the goods will not be exported until a valid export permit is presented to the CBSA or the permit discrepancy has been resolved by GAC.
Penalties
18. Every person who contravenes any of the provisions of the Act or its regulations is guilty of an offence and is liable to:
- (a) on summary conviction, to a fine not exceeding $250,000 or to imprisonment for a term not exceeding 12 months, or to both; or
- (b) on conviction upon indictment, to a fine in an amount that is in the discretion of the court or to imprisonment for a term not exceeding ten years, or to both.
Administrative Monetary Penalty System (AMPS)
19. The Administrative Monetary Penalty System (AMPS) authorizes the CBSA to impose monetary penalties for non-compliance with the Customs Act, the Customs Tariff and the regulations under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings. Please refer to the Memorandum D22-1-1, Administrative Monetary Penalty System for details.
Additional information
20. Questions concerning the issuance of export permits for strategic and military goods and technology should be directed to:
Export Controls Division (TIE)
Global Affairs Canada
125 Sussex Drive
Ottawa ON K1A 0G2
Telephone: (343) 203-4331
Facsimile: (613) 996-9933
E-mail: [email protected]
21. Questions concerning the issuance of export permits for non-strategic goods controlled under Group 5 of the ECL (with the exception of Forest Products, and Milk Products and Infant Formula) should be directed to:
Non-Supply Managed Trade Controls Division
Global Affairs Canada
125 Sussex Drive
Ottawa ON K1A 0G2
Telephone: 343-203-6820
Facsimile: 613-996-0612 / 613-995-5137
Email Non-Supply Managed Trade Controls: [email protected]
Website: www.exportcontrols.gc.ca
22. Questions concerning the issuance of export permits for Forest Products (Items 5101 to 5104 on the ECL) should be directed to:
Softwood Lumber and Log Export Controls
Global Affairs Canada
125 Sussex Drive
Ottawa ON K1A 0G2
Telephone: 343-203-5386 (Hot Line)
Facsimile: 613-944-1452
Email for Logs: [email protected]
Email for Softwood Lumber: [email protected]
Website: https://www.international.gc.ca/controls-controles
23. Questions concerning the issuance of export permits for Milk Products and Infant Formulas (item 5200 on the ECL) should be directed to:
Supply-Managed Trade Controls Division
Global Affairs Canada
125 Sussex Drive
Ottawa ON K1A 0G2
Email: [email protected]
24. For more information regarding the CBSA’s programs and services, please contact the Border Information Service (BIS) line. Within Canada, you can call BIS toll-free at 1-800-461-9999. From outside Canada, please call 204-983-3500 or 506-636-5064 (long-distance charges will apply). Agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada at 1-866-335-3237.
Appendix A - Form EXT 1042, application for permit to export goods
Please see all appropriate forms that are available on the Export Controls website.
Appendix B - Export permit procedure
The following chart outlines the permit procedure and delineates the respective responsibilities of the exporter, Global Affairs Canada (GAC), and Canada Border Service Agency (CBSA).
Action |
Responsibility |
---|---|
Step 1: Apply for a permit. |
Exporter |
Step 2: When a new permit application is received, assess the goods and technology against the Export Control List (ECL), and review the permit application. |
GAC |
Step 3: If the permit application is complete and, following an assessment of the application, it is determined that a permit should be issued, issue the permit to the exporter. |
GAC |
Step 4: Present a copy of the export permit to the CBSA, within the time frames specified in the Reporting of Exported Goods Regulations by mode of transportation, at the place specified in the permit authorizing the exportation. If no place is specified in that permit, it must be presented at the export reporting office located closest to the place of exit of the goods and/or technology from Canada. |
Exporter |
Step 5: Review the permit to ensure the information matches that of the attached export declaration, the cargo control document, and/or the goods or technology:
|
CBSA |
Step 6.: Validate the permit asin terms to quantity, value, etc., for export. |
CBSA |
Step 7: Allow goods and technology to be exported. |
CBSA |
Step 8: With respect to export permits for logs controlled under Item 5101 of the ECL that are validated at CBSA offices located along the Canada/US Border of the province of British Columbia, CBSA officers shall retain the permit together with its accompanying load slip, at the export reporting office, of exit as part of the export report. The log export permit and the accompanying load slip will be picked up routinely by an officer of the BC Ministry of Forests, Lands, Natural Resource Operations and Rural Development (BC FLNRORD). |
CBSA |
Step 9: If necessary, take enforcement action. |
GAC |
Step 10. If necessary, take enforcement action. |
CBSA |
References
- Issuing office:
Other Government Department Programs Unit
Program and Policy Management Division
Commercial Program Directorate
Commercial and Trade Branch- Headquarters file:
- N/A
Legislative references:
- Other references:
- Superseded memorandum D:
D19-10-3 dated January 15, 2010
- Date modified: