Export Controls
Guidance on Export Controls
Do I Need An Export Permit?
This is the first question facing an exporter. To help you in your decision
making process, we have designed this flow chart.
Click to enlarge
Export permits or other authorisations are required if your items are:
Step 1: destined to a country on Canada’s
Area Control List;
Step 2: subject to a United Nations Security Council embargo/action;
Step 3: on Canada’s Export Control List
(ECL);
Step 4: of U.S. origin;
Step 5: destined to a chemical, biological or nuclear weapons, or missile
application (Goods for Certain Uses)
Step 1: Items Destined to Area Control List Countries
Regardless of being listed or not on the ECL, any items going to a country
on the Area Control List
(ACL) require a permit before they can be exported.
Currently: Myanmar (formerly Burma)
Step 2: Items Subject to UN Security Council Embargo/Action
For any nation that is subject to a United Nations Security Council embargo,
additional approvals may be required. More information on Canadian
Economic Sanctions.
Step 3: The Export Control List (ECL)
A variety of specific items, controlled by the Department of Foreign
Affairs and International Trade require permits for export, regardless
of their destination or means of transmission (e.g. facsimile, electronic
transfers, consulting services, etc.). These items are found on the ECL.
Most, but not all items are eligible for an exclusion to usual permit
requirements if destined for end-use in the U.S. or its territories, dependencies
or possessions. The ECL is quite detailed, covering many items that Canada
controls for various reasons.
Step 4: U.S. Origin Goods
Exporters should note that the export of all goods and technology of
U.S. origin as defined in ECL Item 5400, and regardless of their nature
and destination, require permits if not controlled elsewhere on the ECL.
This is in recognition of the favourable permit/licence treatment accorded
bilaterally with the U.S. on most controlled items.
Step 5: Items Destined to a Chemical, Biological or Nuclear Weapons,
or Missile Application (Goods for Certain Uses)
ECL Item 5505 (Goods for Certain Uses) imposes a permit requirement on
any items if it is determined that the items are destined to an end-use
or end-user involved in the development or production of chemical, biological
or nuclear weapons or Weapons of Mass Destruction (WMD), or their missile
delivery systems. Before exporting any items, exporters must assure themselves
that their export is not being transferred, directly or indirectly, to
a WMD end-use/end-user. If in doubt, the exporter should contact
us.
Does a General Export Permit Apply?
Please go to "Key Regulations and General Export
Permits" for further information.
Technical Assessments
Technical assessments are undertaken as part of the export permit process.
However, companies whose products are under development and/or do not
have a concrete export contract, may request an advisory opinion to determine
the control status of items or whether an export permit is required. Note
that upon receipt of a properly completed advisory form, the processing
time can take up to 12 to 14 weeks. This advice is provided wherever possible,
but is not binding on the Minister. Therefore, exporters who want a binding
decision are encouraged to apply for an export permit rather than requesting
an advisory opinion.
None of these steps apply to me
In the event none of the above circumstances applies (Steps 1 - 5), then
an export permit from the Department of Foreign Affairs and International
Trade is not required. Nonetheless, it is the exporter’s
responsibility to keep abreast of any changes to Canada’s export
control regime that may affect their export requirements.
Items Subject to Export Controls by Other Government Departments/Agencies
Other controls may apply, for example: the Canadian
Nuclear Safety Commission (CNSC) for nuclear and nuclear related items;
Environment Canada for endangered species and hazardous waste; and Heritage
Canada for cultural properties. Please see the description of other Canadian
export controls. You may have to contact your local Canada
Border Services Agency Office to find out about other export control
requirements.
Fee
Only select items on the Export Control List (ECL) are subject to a Permit
Fees. The commodities managed by the Export Control Division which are
subject to an Export Permit fee include Logs (ECL 5101), and Pulpwood
(ECL 5102), Roe Herring (ECL 5202).
An administrative fee of $9.00 is charged per permit when applications
are submitted on-line by the applicant, while an administrative fee of
$14.00 is charged per permit when the application is submitted by mail
or fax.
Exporters applying for export permits from the Export Controls Division
for items for which a fee is applicable will be required to submit an
advance payment with their Company name and file number, cheque or bank
money order payable to the Receiver General for Canada, (no cash) in the
amount of $14 for each export permit or a Payment Authorisation form with
their Credit Card information: Visa, Master Card or American express,
faxed to the Finance Section of DFAIT. For any information related to
these financial requirements, please contact Lise Lachance at 613-944-2496
or Marilyn Marcoux at 613-995-7942, or by fax at 613-995-0725. If using
Canada Post, send the request with the payment to:
Department of Foreign Affairs and International Trade
Lester B. Pearson Building
Finance Section (SMFR)
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Questions regarding the export of other commodities such as Softwood Lumber
(ECL 5105), Peanut Butter (ECL 5201), Sugar Containing Products (ECL 5203)
and Sugars, Syrups and Molasses (ECL 5204), which are also subject to
permit fees at the rates described above, should be directed to either
the Softwood Lumber Division or the Trade Controls Policy Division, as
applicable, for further information.
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