Administration of the Export and Import Permits Act (Importations)
Memorandum D19-10-2

Ottawa, October 31, 2016

ISSN 2369-2391

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In Brief

This memorandum has been updated to:

  • (a) reflect the name change from the Department Foreign Affairs, Trade and Development Canada to Global Affairs Canada;
  • (b) update the office of primary interest information;
  • (c) update the text and links, where necessary, to the relevant legislation; and,
  • (d) change the format and paragraph order to allow for easier flow of information.

The Canada Border Services Agency (CBSA) assists Global Affairs Canada with the administration of the Export and Import Permits Act (EIPA). This memorandum outlines the requirements and permit procedures for the importation of goods included on the Import Control List (ICL).

The EIPA gives authority to the Governor in Council to establish various control lists, including an ICL, and make regulations pertaining to the administration of the Act. Furthermore, the EIPA grants power to the designated Minister to issue import permits and, under certain conditions, to alter, suspend, cancel, and reinstate any permit issued under the Act. In addition, the EIPA defines the powers and duties of border services officers, and provides for offences and penalties for any person who contravenes the Act or the regulations.


Legislation

Guidelines and General Information

Import Controls

1. Goods included on the ICL, entering Canada for commercial or personal use, including goods entering temporarily or entered into a bonded or sufferance warehouse must be imported under the authority of a permit.

2. Under the EIPA, there are two types of import permits: General Import Permits (GIPs) and specific import permits.

General Import Permits

3. GIPs allow for the importation of certain eligible goods included on the ICL in specific amounts, and in prescribed conditions. GIPs exempt a resident of Canada from specific permit requirements. The GIP number constitutes the permit authorizing the importation of goods.

4. The CBSA must be satisfied that the importation of goods does, in fact, meet the terms and conditions of the applicable GIP.

5. For commercial shipments, the GIP number must be provided on the release documentation (e.g., cargo control document, invoice or electronic data interchange (EDI) transmission).

6. For personal importations, GIPs apply to all residents of Canada. For more information on goods that can be imported under GIPs and the quantity or value restrictions, residents should refer to Appendix A.

Specific Import Permits

7. Importers must obtain specific import permits issued by Global Affairs Canada for the importation of certain agricultural goods included on the ICL and for the importation of textiles and clothing where the importer is claiming a preferential rate of duty.

8. Importers must also obtain specific import permits when goods are entered into a customs bonded warehouse, except for certain non-NAFTA beef and veal. In the case of a sufferance warehouse, import permits must be obtained before the time of release.

9. Goods included on the ICL that are imported under temporary entry provisions (e.g., E29B, Temporary Admission Permit or a Temporary Admission (ATA) Carnet) are subject to the specific import permit requirements of the EIPA.

Import Permit Procedures

10. Importers can submit applications for specific import permits submitted to the Trade and Export Controls Bureau of Global Affairs Canada, or to registered customs brokers approved by that Department. Completed applications can be submitted by registered brokers on-line via the Export-Import Controls System (EICS) of Global Affairs Canada or by fax at 613-996-3205.

11. When an Application for an Import Permit (Form EXT 1466) is completed, the CBSA’s transaction number must be shown in field 2. In the event that an importer does not have a transaction number, the CBSA will assign a transaction number to the shipment when release is requested. A specific import permit becomes valid when the permit information has been transmitted electronically by Global Affairs Canada to the CBSA office where goods are to be released.

12. EXCAPS (Global Affairs Canada / Customs Automated Permit System) provides for the electronic transmission of permit information directly from Global Affairs Canada to CBSA. This eliminates the requirement for importers to present paper permits to the CBSA (except at non-terminal offices) when obtaining release of goods controlled under the EIPA. In all cases, Global Affairs Canada will issue a transaction record to the importer or broker to serve as a receipt showing that the permit has been issued. Importers using non-terminal offices or who have goods documented on a Form E29B, Temporary Admission Permit or an ATA Carnet will be required to present a copy of the transaction record at the time of release, except agricultural goods subject to tariff rate quotas (TRQ) which are dealt with separately in paragraph 28, to substantiate that a permit has been issued by Global Affairs Canada. A sample of the transaction record is provided in Appendix B.

13. In the event that EXCAPS is not available to transmit permit data to the Accelerated Commercial Release Operations Support System (ACROSS), importers and brokers may submit a paper copy of the transaction record to the CBSA to release their goods. If ACROSS is not available, importers and brokers may submit paper release documents with a copy of the transaction record to release their goods. Importers and brokers will be advised to use the above contingency procedures by their local CBSA office or via the electronic data interchange (EDI) information line at 1-888-957-7224 or through an EDI information bulletin.

14. The CBSA will verify the permit information on the transaction record prior to releasing the goods. Transaction records will be stamped by the CBSA and sent to Global Affairs Canada on a weekly basis at the following address:

15. The CBSA will verify the accuracy of the following permit information that has been transmitted electronically by Global Affairs Canada:

16. The importer’s name appearing on a specific import permit should correspond to the importer’s name that appears on customs release documentation or EDI transmissions. When the name on the permit does not match customs release information, the permit will be rejected and the importer will be advised to apply for an amended permit or to resubmit the proper release information.

17. The import permit procedures and relevant responsibilities are provided in Appendix C.

18. Once an electronic permit has been used for the release of goods, the information will be transmitted to Global Affairs Canada.

Amendments to Specific Import Permits

19. Necessary amendments to specific import permits may be authorized by the Trade and Export Controls Bureau of Global Affairs Canada. For example, permits may be amended to address differences between authorized permit quantities and shipment quantities, product substitution, extension of validity, expiry dates and cancellations. Amendments to permits for TRQ goods must be made prior to final accounting, and in the case of non-TRQ goods, prior to release of the goods. For further information on amendments to permits, importers should contact the Trade and Export Controls Bureau (the address and telephone numbers are provided in paragraph 42).

Detentions/Rejections

20. Goods (except agricultural TRQ goods) will be detained by the CBSA and the release request rejected when the following applies:

21. Under the above circumstances, the goods are not to be released until the appropriate corrections are made to either the release information or the permit.

Disposal of Goods

22. When goods have been abandoned or forfeited as a result of failure to comply with the EIPA requirements, Global Affairs Canada will determine how to dispose of the goods.

23. Residents of Canada who decide not to pay the higher over access commitment rate of duty on the importation of perishable agricultural goods in excess of the personal allowable GIP quantities or values are encouraged to return the excess goods to the United States. In some regions it may be possible to abandon these goods at the CBSA office if disposal bins are available.

24. Any agricultural TRQ goods abandoned in the commercial stream are to be detained pending instructions for disposal from the Partnerships Division.

Penalty Information

25. Every person who violates any of the provisions of the EIPA or regulations enacted under this Act is guilty of an offence and is liable:

26. 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 enacted under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings.

27. Importers can find more information concerning AMPS in Memorandum D22-1-1, Administrative Monetary Penalty System.

TRQ Controlled Goods

Agricultural Goods Subject to Tariff Rate Quotas

28. The importation of certain agricultural goods included on the ICL is controlled under the EIPA by way of TRQs. TRQ goods can be imported at lower rates of duty under the “within access commitment” tariff items until the quota quantities are reached. TRQ goods imported after the quota quantity is reached are classified under the “over access commitment” tariff items and subject to higher rates of duty. Importers may claim classification of most agricultural goods included on the ICL under the applicable within access commitment tariff item if they obtained the appropriate TRQ import permit from Global Affairs Canada before the goods are imported. Importations of wheat, wheat products, barley, and barley products will be allowed the within access commitment classification on a “first-come, first-served” quota basis until the quota quantities are reached. For more information, including a listing of the agricultural goods included on the ICL, importers should refer to Memoranda D10-18-1, Tariff Rate Quotas, and D10-18-6, First-come, First-served Agricultural Tariff Rate Quotas.

29. The availability of TRQ specific import permits is not a condition of release. The CBSA will release any shipment of TRQ goods even in the absence of a specific import permit issued under section 8.3 of the EIPA. When a specific import permit has not been obtained by the date of final accounting under subsection 32(1), (3) or (5) of the Customs Act, the portion of the goods imported without such a permit (all or part of a shipment) will be deemed to have been imported under the authority of GIP No. 100. These goods will be classified under the over access commitment tariff item and will be subject to higher rates of duties.

30. In situations where TRQ permit information has been matched to release information in ACROSS and is reviewed as part of the release review process, any discrepancies in the quantity or description will be referred to the CBSA’s Trade Compliance Division after releasing the shipment.

31. If TRQ goods are entered into a bonded warehouse, the appropriate within access commitment tariff item should be used where a specific import permit is available. This permit number should be quoted in field 26 of Form B3-3, Canada Customs Coding Form, (type 10) or, in the case of CADEX participants, in the special authority field of the KI30 record. If there is a transfer of ownership of TRQ goods in the warehouse, Form B3-3 (type 30) should be completed and presented to the CBSA.

32. For all TRQ goods, including non-NAFTA beef and veal, the TRQ permit number must be provided in field 26 of Form B3-3 (type 20) or in the special authority field of the KI30 record for CADEX participants.

33. Quantities or values above the within access commitment may be imported under the authority of GIP No. 100. However, the over access commitment rates of duty will apply. Importers should refer to Memorandum D10-18-1, Tariff Rate Quotas, for detailed information on tariff classification, and Memorandum D19-1-1, Food, Plants, Animals and Related Products, for detailed information regarding quantity restrictions imposed by the Canadian Food Inspection Agency.

34. For commercial importations of wheat, wheat products, barley, and barley products, GIP No. 20 may be used until the quota quantities are reached. GIP No. 100 must be used thereafter.

35. The GIPs for personal importations of agricultural TRQ goods by residents of Canada as well as the eligible quantities that may be imported at within access commitment rates of duty are listed in Appendix A. GIP No. 3 allows for the importation of wheat, wheat products, barley, and barley products for personal use at the lower within access commitment rates of duty until the quota quantities are reached. GIP No. 100 allows for the importation of unlimited quantities for certain TRQ goods for personal use at the higher over access commitment rates of duty. Residents of Canada should note that the eligible quantities or values for these GIPs apply to each person regardless of the fact a family may be travelling together in the same conveyance or live in the same household.

Textiles and Clothing

36. Importation of textiles and clothing are only subject to specific import permit requirements when the goods are eligible for the tariff preference level (TPL) mechanisms of Canada’s free trade agreements and the importer makes a claim for TPL in order to take advantage of a reduced rate of duty. Importers should refer to Memorandum D11-4-22, Tariff Preference Levels,for detailed information on documentation requirements regarding TPLs.

37. In order to receive a TPL benefit, the importer must possess an appropriate specific import permit specifying TPL entitlement for the goods. This permit must be available for presentation to the CBSA upon request.

Steel

38. Importations of steel products identified as item 80 and 81 of the ICL, reproduced below, may be imported under the authority of one of two GIPs for steel products: GIP No. 80 for Carbon Steel (for goods classified under headings 7206-7229 of the Harmonized System) and GIP No. 81 for Specialty Steel Products (for goods classified under headings 7301, 7302, 7304-7306, 7308, 7312, 7313, and 7317 of the Harmonized System).

39. Importers must provide the applicable GIP number on the release documentation (e.g., description of goods field on the invoice) or in the description free text field when release requests are transmitted to CBSA using EDI. There is no limit on the quantity of carbon steel and specialty steel products that may be imported into Canada.

40. Steel and steel products are eligible for Customs Self-Assessment (CSA) clearance and, as such, can be exempt from GIP requirements at the time of CSA clearance. Importers who are not clearing the goods under CSA, but who are instead using an existing customs release process (e.g., Release on Minimum Documentation (RMD) or Pre-arrival Review Systems (PARS)), must meet the conditions of the applicable GIP as outlined in paragraph 10.

41. Shipments of steel that are classified under tariff item 9813.00.00 or 9814.00.00 (Canadian goods returned) do not require import permits.

Additional Information

42. For more information on goods subject to import controls and for questions concerning the issuance of import permits or related to completing import permit applications, importers should contact:

43. The CBSA Border Information Service (BIS) responds to public inquiries related to import requirements of other government departments, including Industry Canada. You can access BIS toll-free throughout Canada by calling 1-800-461-9999. If you are calling from outside Canada, you can access BIS by calling 204-983-3500 or 506-636-5064 (long-distance charges will apply). To speak directly to an agent, please call during regular business hours from Monday to Friday (except holidays), 8 a.m. to 4 p.m. local time.


Appendix A – General Imports Permits and Within Access Commitment Information for Personal Importations of Agricultural Foods Subject to Tariff Rates Quotas

The ICL may be broken down into three basic groupings. The following chart depicts these groups with corresponding item numbers, general product descriptions, and relevant general import permit (GIP) numbers. This chart is provided as a guide for reference purposes only.

Group Number Description ICL Item Number GIP No. Within Access Commitment Quantity/Value
1. Agricultural Products Chicken and chicken products - whole, parts, fresh or frozen 94, 96-104 2, 100 10 kg
Turkey and turkey products - whole (fresh or frozen) – One 105-113 7, 100 One turkey
Turkeys (parts), fresh or frozen 105-113 7, 100 10 kg
Beef (fresh or frozen) and veal (non-NAFTA countries) 114-116 13, 100 10 kg (no TRQ restriction for NAFTA)
Dairy products - butter, buttermilk, cheese (cheddar, Swiss, mozzarella), dry whey, ice cream, sour cream, yogurt 117-134, 141-160 1, 100 $20 total dairy
Eggs for consumption 95, 135-139 8, 100 2 dozen
Margarine 140 14, 100 3 kg (12 kg with prescription)
Wheat, barley and their products 161-191 3, 20, 100 No quantity restrictions
Tariff rate quota goods classified under heading No. 98.04 or 98.26 192 1, 2, 3, 7, 8, 13, 14  
2. Textile and Clothing Tariff preference level goods 85, 86 102, 106  
3. Steel Carbon steel 80 80  
Specialty steel products 81 81  

Note 1: In the case of agricultural goods, quantities or values above the within access commitment may be imported under the authority of GIP No. 100. However, the over access commitment rates of duty will apply.

Note 2: Importers should refer to Memorandum D10-18-1, Tariff Rate Quotas, for detailed information on tariff classification.

Note 3: Importers should refer to Memorandum D19-1-1, Food, Plants, Animals and Related Products, for detailed information on agricultural restrictions.

Note 4: Importers should refer to the Memorandum D19-13-2, Importing and Exporting Firearms, Weapons and Devices, for information on importing firearms, firearms-related goods, prohibited weapons, prohibited devices and ammunition.

Note 5: Quantities or values above the within access commitment may be imported under the authority of General Import Permit No. 100. However, the over access commitment rates of duties will apply.

Importers should refer to Memorandum D10-18-1, Tariff Rate Quotas, for detailed information on tariff classification, and to Memorandum D19-1-1, Food, Plants, Animals and Related Products, for detailed information regarding quantity limitations imposed by the Canadian Food Inspection Agency.

Appendix B – Transaction Record (Sample)

Foreign Affairs and international Trade Canada - Transaction Record

Appendix C – Import Permit Procedures

The following chart outlines the permit procedure and the responsibilities of the importer, Global Affairs Canada, and the CBSA.

Importer Global Affairs Canada Canada Border Services Agency
1. Apply for permit.    
2. Apply transaction number to Form EXT 1466, Application for Import/Export Permit.    
  3. Input data into computer system.  
  4. Issue transaction record to importer and transmit data to the CBSA.  
5. Present release package to the CBSA or transmit release data.    
    6. Verify:
  • The transaction number;
  • The effective and expiry dates of permit;
  • That the importer’s name on release request corresponds to the one on permit;
  • The permit quantity, value shipped, and description with invoice; and
  • That the country of origin on the release request corresponds to the one on the permit.
    7. Release goods.
    8. Once the permit has been used, transmit the information to the Global Affairs Canada.
    9. If necessary, take enforcement action.

Note 1: The availability of TRQ specific import permits is not a condition of release. However, where a permit has not been obtained by the date of final accounting, the portion of the goods imported without such a permit will be deemed to have been imported under the authority of GIP No. 100. The goods will be classified under the over access commitment tariff item and subject to higher rates of duties.

Note 2: In situations where TRQ permit information has been matched to release information in ACROSS and is reviewed as part of the release review process, any discrepancies in the quantity or description should be referred by the Border Security Officer to a Senior Officer Trade Compliance (SOTC) in the CBSA’s Trade Compliance Division after releasing the shipment.

Issuing office:
Commercial Programs Policy and Management Division
Commercial Programs Directorate
Programs Branch
Headquarters file:
 
Legislative references:
Other references:
Superseded memorandum D:
D19-10-2 dated June 3, 2008
Date modified: