CUSTOMS NOTICE N-558

Ottawa, March 17, 2004

Export - Application of General Export Permit 12 and Document Requirements

1. The Export Process Division of the Canada Border Services Agency (CBSA) received many representations from the exporting community about the application of General Export Permit (GEP) 12 and the documentary requirements for goods which fall under the category of item 5400 (Goods of US origin) on the Department of Foreign Affairs and International Trade (DFAIT) Export Control List. These are goods of US origin that have been landed in Canada and then re-exported offshore. As a result, we made representations to DFAIT on this issue and received the following clarification for all parties concerned.

2. Canada is committed to controlling the re-export of US origin goods to ensure they do not go to US-embargoed destinations. GEP 12 is there to facilitate exporters when the goods are not destined for end-use in Myanmar, Cuba, Iran, Libya or North Korea. Exports to those countries require individual permits.

3. With regards to documentary requirements, GEP 12 states: “Where any goods exported under the authority of this Permit are required to be reported in the prescribed form under the Customs Act, the statement “GEP-12” shall be inserted in the appropriate field of the report.” The prescribed form is the B13A manual or the automated B13A under the Canadian Automated Export declaration (CAED) or EDI/G7.

4. The purpose of this regulation is not to put obstacles in the way of legitimate exporters, nor to cause unnecessary paperwork for shipments involving small amounts, which fall under the normal threshold for a B13A. To require such is burdensome to both the exporter and CBSA and diverts enforcement activity which should be directed at efforts to divert controlled goods to countries of concern. It is, therefore, not a requirement to present a B13A for goods to which GEP-12 applies (goods manufactured in the US) for values under $2000 Canadian as long as the goods are for end-use in an eligible destination.

5. For exports over $2000, a print out of the B13A showing the GEP information is not required from CAED or G7 participants unless a paper permit has been issued to cover the goods being exported.

6. For further information, contact: