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Memorandum D19-4-1
Export of Controlled Cultural Property - Cultural Property Export and Import Act
Ottawa, December 19, 2008
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In Brief
- This memorandum replaces Memorandum D19-4-1 dated May 17, 1993, as well as Interim Memorandum D19-4-1 dated January 12, 2007.
- This memorandum has been updated to reflect changes to the Canada Border Services Agency's (CBSA) role in administering the provisions of the Cultural Property Export and Import Act.
- Terminology has been updated to reflect changes in the CBSA's organizational structure
- New information regarding amending a permit, non-compliance, and penalties has been added to the memorandum in Paragraph 9, 13, 14 and 18 respectively.
The Canada Border Services Agency (CBSA) plays a role in assisting the Department of Canadian Heritage with the administration and enforcement of the Cultural Property Export and Import Act. This memorandum explains the legislation, how to obtain a cultural property export permit, and the permit issuance procedure.
GUIDELINES AND GENERAL INFORMATION
1. The Cultural Property Export and Import Act is designed to protect Canada's national heritage through the establishment of export controls for objects of historical, scientific, and cultural significance.
Control List
2. This control is accomplished by means of the Canadian Cultural Property Export Control List which defines categories of cultural property according to age, weight and dollar value limits. The broad categories include mineralogy, palaeontology and archaeology; ethnographic material culture; military objects; objects of applied and decorative art; objects of fine art; scientific or technological objects; textual records, graphic records and sound recordings and; musical instruments. To obtain a copy of the control list, refer to the following link at Canadian Heritage's web site, www.pch.gc.ca. Refer to paragraph 20 of this memorandum to obtain information on how to contact Canadian Heritage.
3. The control list does not apply to objects which are less than 50 years old, or made by a person still living. It should be noted that other restrictions may apply to individual categories identified on the control list.
Application for Export Permits
4. The export of controlled cultural property is subject to a permit procedure which is administered by designated permit issuing officers at specified CBSA offices across Canada (see the Appendix to this memorandum).
5. These permit issuing officers, upon completion of the application form by the exporter, will verify the application for completeness. They will then either issue the export permit, or refer the application to an expert examiner for a decision. Expert examiners are affiliated with Canadian institutions designated by the Minister of Canadian Heritage.
Permit Issuance - Permanent or Temporary Exportation
6. A permit to export cultural property may be issued by a permit issuing officer to authorize either the permanent or temporary export of an object. A permanent export permit is required for exports of five years or more while a temporary export is not to exceed five years from the date the permit was issued.
7. In either case, the property must be accompanied by a valid permit to export cultural property and the permit must be presented to a CBSA office at the place of export.
8. Upon presentation, the permit should be validated by a border services officer who will:
- (a) ensure that the permit has been completed and authorized by a designated permit issuing officer in the allocated space;
- (b) ensure that the permit is in effect; i.e., the effective and expiry dates have been completed on the permit by the permit issuing officer;
- (c) ensure that the permit is signed and date stamped in the proper space; and
- (d) forward the appropriate copy of the permit to the Movable Cultural Property Directorate (refer to paragraph 20) .
9. In the event that an amendment is required to a permit that has been issued by permit issuing officer, contact should be made with Canadian Heritage to make such a request.
Permit Issuance - Importation After Temporary Exportation
10. Upon importation after temporary export of an object subject to this legislation, the importer/owner is responsible for the presentation to CBSA of a notice of return to Canada.
11. Upon presentation, this form should be validated by a border services officer who will:
- (a) ensure that the importer/owner has properly completed the notice of return to Canada;
- (b) validate ( date stamp and sign) the form; and
- (c) return the form to the importer/owner; in this case the importer/owner is responsible for forwarding the completed form to the Movable Cultural Property Directorate.
Non-Compliance
12. In the event an exporter of cultural property presents an invalid or incomplete export permit, the border services officer should immediately seek the advice of the Movable Cultural Property Directorate.
13. Should an exporter fail to present an export permit at the time of export, for an object which a border services officer has reason to believe is subject to this legislation, the border services officer should detain the shipment and forward a detailed description of the goods and any relevant documentation along with the name and address of the exporter to officials of the Movable Cultural Property Directorate. The Movable Cultural Property Directorate will then provide the border services officer with a decision regarding the status of the shipment.
14. Border services officers, other than those designated as permit issuing officers have general knowledge of the range of goods subject to this program but, are not normally expected to determine whether an object is subject to export controls under this legislation. The onus is on the exporter, whether it be a dealer, collector, institution, or the public at large, to obtain information and comply with the permit procedure for objects which may be considered cultural property. Penalties for providing false information may include fines or imprisonment. Questions regarding items included on the control list should be directed to the Office of Movable Cultural Property.
Appeals
15. Decisions to refuse the permanent export of an object included on the control list, may be appealed by the applicant to the Canadian Cultural Property Export Review Board. Questions concerning the appeals procedure should be directed to the Movable Cultural Property Directorate.
Detention
16. Cultural property subject to the Cultural Property Export and Import Act may be detained by CBSA on behalf of Canadian Heritage under Section 101 of the Customs Act.
Penalty Information
17. Any person who contravenes the provisions contained in the Cultural Property Export and Import Act is guilty of an offence, and is liable:
- (a) on summary conviction - to a fine not exceeding $5,000, or to imprisonment for a term not exceeding twelve months, or both; or
- (b) on conviction upon indictment - to a fine not exceeding $25,000, or to imprisonment for a term not exceeding five years, or both.
18. Exporters may be subject to CBSA's Administrative Monetary Penalty System (AMPS). For example an AMP penalty may be applied where an exporter fails to provide an export permit when required or the information on the permit is not accurate or complete. Additional information on these penalties may be found on the CBSA Web site at www.cbsa.gc.ca.
Additional Information
19. The permit issuing officers listed in the Appendix to this memorandum should be contacted for more information concerning the Cultural Property Export and Import Act, applications for Cultural Property Export Permits, or for processing and validation of a permit to export cultural property. Exporters should also ensure that the export of their goods meets the requirements contained in the Reporting of Exported Goods Regulations that fall under the Customs Act. Memorandum D20-1-1, contains detailed information regarding these requirements
20. Additional information on this legislation may also be obtained from:
Movable Cultural Property Directorate
Department of Canadian Heritage
15 Eddy Street, 3rd Floor (15-3-A)
Gatineau QC K1A 0M5
Email : mcp-bcm@pch.gc.ca
Telephone: 819-997-7761
Toll-free: 866-999-2494
Facsimile: 819-997-7757
21. The CBSA's Border Information Service (BIS) line responds to public inquiries related to import requirements of other government departments, including the Department of Canadian Heritage. You can access BIS free of charge 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 - PERMIT ISSUING LOCATIONS- CULTURAL PROPERTY EXPORT PERMITS CANADA BORDER SERVICES AGENCY
BRITISH COLUMBIA
Canada Border Services Agency
Vancouver Commercial Operations
Export Control Unit
333 Dunsmuir Street, 3rd Floor
Vancouver, BC V6B 5R4
Telephone 604-666-2325
Fax 604-666-5237
Canada Border Services Agency
816 Government Street, Room 107
Victoria, BC V8W 1X1
Telephone 250-363-3397 or
250-363-3122
Fax 250-363-3179
WHITEHORSE, YUKON (West Coast, Yukon District, Pacific Region)
Canada Border Services Agency
300 Main Street, Suite 110
Whitehorse, Yukon Y1A 2B5
Telephone 867-667-3965
Fax 867-668-2869
ALBERTA AND NORTHWEST TERRITORIES
Canada Border Services Agency
2588 27th Street NE
Calgary, Alberta T1Y 7G1
Telephone 403-292-5205
Fax 403-292-4141
Canada Border Services Agency
Edmonton International Airport
P.O. Box 9866
Edmonton, Alberta T5J 2T2
Telephone 780-890-4307
Fax 780-890-4311
Canada Border Services Agency
Hwy 4, P.O. Box 220
Coutts, Alberta T0K 0N0
Telephone 403-344-3766
Fax 403-344-4427
SASKATCHEWAN
Canada Border Services Agency
2510 Sandra Schmirler Way
Regina, Saskatchewan S4W 1B7
Telephone 306-780-6217
Fax 306-780-5630
Canada Border Services Agency
2130 Airport Drive
Saskatoon, Saskatchewan S7L 6M6
Telephone 306-975-5083
Fax 306-975-5917
MANITOBA
Canada Border Services Agency
Unit 130 - 1821 Wellington Avenue
Winnipeg, Manitoba R3H 0G4
Telephone 204-983-6164
Fax 204-984-2312
Alternate: Wally Espeland
204-983-0767
Wally.Espeland@cbsa-asfc.gc.ca
ONTARIO
Canada Border Services Agency
2265 St. Laurent Blvd., 3rd Floor
Ottawa, Ontario K1G 4K3
Telephone 613-991-0556
Fax 613-991-6895
Alternate: Louise Rochon
613-991-6764
Canada Border Services Agency
Metro Toronto Operations
1 Front Street West, 1st Floor East
P.O. Box 10, Station A
Toronto, Ontario M5W 1A3
Telephone 416-973-3239
Fax 416-954-9421
Alternate: Ms. Mickey Ferreira
416-973-8027
Mickey.Ferreira@cbsa.asfc.gc.ca
QUEBEC
Agence des services frontaliers du Canada
District St-Laurent
Région du Québec
400 Place d'Youville, 2e étage
Montréal (Québec) H2Y 2C2
Telephone 514-350-6113
Fax 514-283-8591
Alternate: France Bolduc
514-350-6114
France.Bolduc@cbsa-asfc.gc.ca
NEW BRUNSWICK
Canada Border Services Agency
495 Prospect Street
Fredericton, NB E3B 9M4
Telephone 506-452-3274 or
506-452-4054
Fax 506-452-3587
Alternate: Margie Holland
PRINCE EDWARD ISLAND
Canada Border Services Agency
161 St. Peters Road, Box 8500
Charlottetown, P.E.I. C1A 8L3
Telephone 902-566-7364
Fax 902-566-7275
Alternate: John Perry
John.Perry@cbsa-asfc.gc.ca
NOVA SCOTIA
Canada Border Services Agency
1583 Hollis Street
Halifax, Nova Scotia B3J 2R7
Telephone 902-426-1581
Fax 902-426-5648
Alternate: Irv Cohen
902-426-2069
Irv.Cohen@cbsa-asfc.gc..ca
NEWFOUNDLAND
Canada Border Services Agency
P.O. Box 12075, 6th Floor
165 Duckworth Street
St. John's, NL A1C 5V3
Telephone 709-772-5548
Fax 709-772-2286
Alternate: Dave Murphy
Cell: 709-685-9560
References
Issuing office
Partnerships Division
Border and Compliance Programs Directorate
Admissibility Branch
Headquarters File
7614-5-1
Legislative References
Cultural Property Export and Import Act
Customs Act, section 101
Other References
N/A
Superseded Memoranda "D"
D19-4-1, May 17, 1993
Interim D19-4-1 dated January 12, 2007
Services provided by the Canada Border Services Agency are available in both official languages.
