Export Permits

To Whom Does This Apply?

Exporters of controlled goods and technologies.

Eligible Area

All Canadian provinces and territories.

Eligible Activities

The exportation of goods when the destination is a country on the Area Control List (ACL), at present only Burma (Myanmar) is on this list, or when the goods are on the Export Control List (ECL).

Summary

Under the Export and Import Permits Act, some goods, and some destinations of goods, require that an exporter first receive a Federal export permit from International Trade Canada (ITCan) before the goods are exported. This Act also brings into force provisions of various trade agreements and commitments that Canada has entered into with other countries.

The most important source of information for exporters in determining their obligations to obtain permits prior to exportation is the Guide to Canada's Export Controls which contains the complete ECL, a list of goods for which export permits are required for all destinations, except the United States, together with detailed instructions on related policy and procedure. These controlled goods are grouped into seven categories:

Types of Permits

There are two types of permits: a General Export Permit (GEP) and an Individual Export Permit (IEP).

General Export Permits (GEP)

GEPs enable an exporter to export certain goods which are subject to control to eligible destinations without the necessity of submitting individual export permit applications. A GEP is a valid export permit which is used to minimize the administrative burden for exporters and to streamline licensing procedures. By using a GEP, exporters do not have to apply to ITCan for an individual export permit for each shipment of goods. Instead, a simple administrative procedure is used. No additional paperwork is required for exporters, and ITCan does not become directly involved. However, some GEP's contain conditions which must be adhered to in order to use them. In some cases, the use of a GEP is conditional on exporter undertakings such as reporting on actual volume of exports made against the GEP.

Note: Exporters that take advantage of a GEP must indicate the export permit number where applicable on the Customs Export Declaration B13A form. Failure to do this will be viewed as exporting a controlled good without a permit (see the document Reporting of Exports).

GEP's are available for specific goods, and specific destinations. The following is a list of widely available GEP's:

Again, GEPs apply only to these goods or to the destinations of these goods. For details about using a GEP, please contact the Export Controls Division.

Individual Export Permits (IEP)

When an export permit is required and a GEP cannot be used, an Individual Export Permit (IEP) must be obtained.

Exports to the United States

Under a bilateral agreement with the United States, the requirement for an export permit to the United States is waived for all goods included in the ECL except for all goods that are nuclear-related as well as dual-use, civilian goods that could be used in the proliferation of nuclear weapons or nuclear explosive devices, as well as some goods that are controlled in order to protect natural resources and to fulfil Canada's commitments to non-strategic multilateral agreements, such as certain forest products, certain medical products, agricultural and food products and automatic weapons.

When the new ECL comes into force, all firearms (including artillery and mortars) and ammunition will be among the goods requiring permits for export to the United States.

Where and how to apply

An "Application for Permit to Export Goods" (form EXT 1042) can be obtained from the Export Controls Division or from any federal International Trade Canada regional office located in each province and must be filled for all kind of permits. Once the application form is completed and the necessary technical and supporting documentation is compiled, forward all documentation together with the application to the address noted below.

Permit Fees

A single rate for export permits has been established for exports:

• a fee of $14 is charged only for those export permits covering items under ECL Group 5 with the exception of ECL Items 5000, 5400, 5401 and 5500;
• a fee of $9 will be levied for each export permit and certificate delivered at customs brokers installations; and
• no charge for permits classified under any other ECL Item numbers.

This fee must accompany each export permit application. An export permit will not be issued unless full payment has been received.

Processing Time

The Export Controls Division examines all applications for export permits on a case-by-case basis. The turnaround time for an application will vary depending on the nature and sensitivity of the product and the country of destination. Please allow for up to 30 days for the processing of the application or more if going to a sensitive destination. Export permits are valid for a maximum of up to five years, depending on the ECL Group.

Canada Border Services Agency

The Canada Border Services Agency enforces Canada's export controls through detention, seizure, forfeiture and/or fines where infractions have occurred. From time to time criminal prosecution may also be necessary, leading to either imprisonment or monetary penalties, or both.

Publication

The Export Controls Division also publishes Notices to Exporters/Importers which set out in greater detail the legal and policy guidelines associated with export controls as well as the various administrative mechanisms in place. Copies of these Notices are available on request at the address noted below.

For More Information

Full lists and information are also available from the page Export and Import Controls Bureau on ITCan's Web site.

DISCLAIMER
Information contained in this section is of a general nature only and is not intended to constitute advice for any specific fact situation. For particular questions, the users are invited to contact their lawyer. For additional information, see contact(s) listed below.

Northwest Territories Contact(s):
See National Contact.