Export Permits

Act: Export and Import Permits Act, R.S.C. 1985, c. E-19; Export Act, R.S. 1985, c. E-18
Regulation: Export Control List Regulations, SOR/89-202, Export Permit Regulations, SOR/97-204; Issuance of Certificates Regulations, SOR/93-587

To Whom Does This Apply?

Exporters of controlled goods and technology.

Eligible Area

All Canadian provinces and territories.

Eligible Activities

The export of goods or technology when the destination is a country on the Area Control List (ACL)**, or when the goods or technology are on the Export Control List (ECL).

** as of August 1, 2007, only Belarus and Burma (Myanmar) are on the ACL.

Summary

Under the Export and Import Permits Act, some goods or technology, and some export destinations require that an exporter first obtain an export permit from Foreign Affairs and International Trade Canada (FAITC) 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 export is the Guide to Canada's Export Controls which contains the complete ECL, a list of goods for which export permits are required together with detailed instructions on related policy and procedure. These controlled goods and technologies are grouped into seven categories:

Group 1	Dual-Use List (militarily useful commercial goods and technology)
Group 2	Munitions List (goods specially designed for conventional military use)
Group 3	Nuclear Non-Proliferation List (nuclear materials and goods specially designed for nuclear use)
Group 4	Nuclear-Related Dual-Use List (goods and technology with nuclear and non-nuclear uses)
Group 5	Miscellaneous Goods (U.S. origin goods, roe herring, cedar shakes and shingles, logs, softwood lumber)
Group 6	Missile Technology Control Regime List (missiles and related equipment and technology)
Group 7	Chemical and Biological Weapons Non-Proliferation List (chemical and biological agents and equipment capable of use in weapons)

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 or technology that 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 FAITC 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 FAITC 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 relevant general 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:

GEP 1	Export of Goods for Special and Personal Use
GEP 3	Export of Consumable Stores Supplied to Vessels and Aircraft
GEP 5	Export of Logs
GEP 10	Export of Sugar Permit
GEP 12	United States Origin Goods (Note: US goods to Iran, Cuba, North Korea, Syria and ACL countries need an Individual Export Permit)
GEP 18	Portable Personal Computers and Associated Software
GEP 30	Certain Industrial Goods to Eligible Countries and Territories
GEP 31	Peanut Butter
GEP 37	CWC Chemicals and Precursors to the USA
GEP 38	CWC Chemicals and Precursors Mixtures

Again, GEPs apply only to these goods or technology, or to the destinations of these goods or technology. For details about using a GEP, please refer to ExportControls.gc.ca, to the Guide for Canada’s Export Controls, or 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

An exception to the requirement for an export permit applies for exports of controlled goods and technology destined to the United States except for goods that are nuclear-related, 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. Exporters must consult the ECL for details.

Where and how to apply

Canadian exporters may apply for export permits online using EXCOL (Export Controls Online); further information is available at ExportControls.gc.ca. Applications may also be downloaded from the Web site and mailed or faxed. Exporters should ensure that all necessary technical and supporting documentation is attached to the application. Incomplete applications may be returned without action to the exporter.

Permit Fees

Applications for permits to export certain types of product which are controlled for reasons of economic policy are subject to a modest administration fee of $14.

Fees relating to softwood lumber differ. For more information, please contact the Softwood Lumber Division.

There is no charge for applications to export other controlled goods and technology.

Any applicable fees must accompany each export permit application, or be paid in advance. An export permit will not be issued unless full payment has been received.

Processing Time

Every effort is made to process permit applications quickly. The Export Controls Division recognizes the importance of export markets to Canadian industry and the need to avoid any unnecessary delays in export shipments. Exporters are encouraged to apply as early in the export process as possible in order to avoid unnecessary delays to shipment schedules.

Applications to export to many countries are usually processed within 5 business days of receipt of a complete application. For some destinations, exporters should allow 6-8 weeks -- complex cases can take significantly longer.

Export permits are typically valid for 2 years, up to 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 Importers/Exporters 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 from FAITC.

For More Information

Full lists and information are also available from the page Export Controls on FAITC's Web site ExportControls.gc.ca.

*To download publications in PDF format, Adobe Reader is required (available free of charge).

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.

Quebec Contact(s):
See National Contact.

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National Contact(s):
Export Controls Division (TIE)
Export and Import Controls Bureau
Foreign Affairs and International Trade Canada
111 Sussex Drive
Ottawa, Ontario  K1N 1J1
Telephone: 613-996-2387
Fax: 613-996-9933
Toll-free (information): 1-800-267-8376
TTY (hearing impaired): 613-944-9136
E-mail: tie.reception@international.gc.ca
Web site: http://www.exportcontrols.gc.ca/

Softwood Lumber Division
Foreign Affairs and International Trade Canada
Lester B. Pearson Building
125 Sussex Drive
Ottawa, Ontario  K1A 0G2
Telephone: 613-944-2167
Fax: 613-944-2170
Toll-free (information): 1-800-267-8376 (in Canada)
TTY (hearing impaired): 613-944-9136
E-mail: tns@international.gc.ca
Web site: http://www.dfait-maeci.gc.ca/eicb/menu-en.asp