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Memorandum D19-10-3: Administration of the Export and Import Permits Act (Exportations)

ISSN 2369-2391

Ottawa,

This document is also available in PDF (372 KB)

The Canada Border Services Agency (CBSA) assists Global Affairs Canada (GAC) with the administration of the Export and Import Permits Act.

The Export and Import Permits Act gives the Governor in Council the authority to establish the Export Control List, the Import Control List and the Area Control List.

This memorandum outlines the requirements and permit procedures for the exportation of goods listed in the Export Control List and for the exportation of goods to the countries listed in the Area Control List.

Plain language summary

Target audience: Travellers or businesses exporting goods from Canada that are included on the Export Control List (ECL).

Key content: What items are considered “controlled” (or restricted) and need a permit to be exported from Canada; General Export Permits or GEP; how to apply for an export permit; penalties for non-compliance.

Keywords: Export permit, Export Control List, General Export Permit or GEP

On this page

Updates made to this D-memo

This memorandum has been revised to reflect:

Definitions

1. For the purpose of the administration of the Export and Import Permits Act, the following definitions apply:

Area Control List
Means a list of countries established under section 4 of the Act;
Act
Means the Export and Import Permits Act;
Broker
Means to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country, including a transaction referred to in subsection (1.1);
Export Control List
Means a list of goods and technology established under section 3 of the Act;
Goods
Means
  • goods as described in the Guide to Canada’s Export Controls that are intended for export to a destination specified in respect of those goods in section 2 of the Export Control List; or
  • goods that are intended for export to a country included in the Area Control List.
Minister
Means such member of the King’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of the Act;
Permit
Means an export permit issued pursuant to subsection 7(1) of the Act;
Technology
Includes technical data, technical assistance and information necessary for the development, production or use of an article included in an Export Control List or a Brokering Control List;

Guidelines

Export control

2. Export permits issued by GAC are required for the exportation of goods and technology listed in the Export Control List and for the exportation of any goods or technology to any country listed in the Area Control List, except in cases where such goods and technology are permitted exportation under the authority of a General Export Permit (GEP).

3. An application for an export permit must be filed with GAC. Export permit applications for strategic and military goods and technology, as well as logs, are requested online using the New Export Controls Online (NEXCOL) system.

4. Export permit applications for the majority of non-strategic goods controlled under Group 5 of the Export Control List as well as import permit applications for certain strategic goods, are requested online using the Export and Import Controls System (NEICS). The exception to this is certain forest products falling under Item 5101 of the Export Control List, which are processed in NEXCOL. Export permits are typically issued in electronic form and can be printed by the exporter.

5. Paper applications may also be requested using the forms that are available on the Export Controls website. When a permit application has been approved, GAC issues an export permit that is signed by an official with the delegated authority of the Minister of Foreign Affairs.

6. The exporter shall present a copy of the export permit to the CBSA, within the time frames specified in the Reporting of Exported Goods Regulations by mode of transportation, at the place specified in the permit authorizing the exportation. If no place is specified in that permit, it must be presented at the export reporting office located closest to the place of exit of the goods and/or technology from Canada. An example of an NEXCOL export permit may be found in Appendix A.

7. Certain goods and technology may be exported under the authority of a General Export Permit. In such cases, it is not necessary to apply for an individual export permit. The relevant General Export Permit number must be quoted in the corresponding field on the export declaration, if one is required under the Customs Act. The CBSA must be satisfied that the proposed export falls within the terms of the General Export Permit.

Controlled goods moving in transit from the U.S. through Canada

8. In general, GAC does not require permits for goods and technology moving in transit. Please see Item 5401 (Goods and Technology in Transit) of the Export Control List for further information.

Export permit verification procedure

9. Border services officers will verify the accuracy of the export permits (permit number, validity dates, exporter name, quantities, etc.), ensure that permits have been issued/authorized by GAC, and will return the permits to the exporters.

10. In addition to the above verification procedures, for exports of logs listed under Item 5101 of the ECL:

11. Appendix B to this memorandum further describes the permit procedure and relevant responsibilities. Additional information may be found in Memorandum D20-1-1: Export Reporting.

Amendments to individual permits

12. Necessary amendments to permits may be authorized by GAC. Types of amendments may include: differences in permit and shipment quantities, extensions of validity and expiry dates, cancellations, etc. For further information on amendments to permits, please consult the section Contact us.

13. The Reporting of Exported Goods Regulations require that an accurate permit be provided to the chief officer of customs, within the applicable time set out in section 3 of the Regulations, and the goods and technology made available for inspection, at the place specified in the permit authorizing the exportation, or if no place is specified in that permit, at the export reporting office located closest to the place of exit of the goods and technology from Canada.

Detentions

14. The CBSA will not allow the goods to be exported (depending on circumstances goods may be detained or refused export) when:

15. Under the above circumstances, the exporter will be advised to contact GAC (refer to section Contact us); the goods will not be exported until a valid export permit is presented to the CBSA or the permit discrepancy has been resolved by GAC.

Penalties

16. Every person who contravenes any of the provisions of the Act or its regulations is guilty of an offence and is liable to:

Administrative Monetary Penalty System (AMPS)

17. 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 under these Acts, as well as contraventions of the terms and conditions of licensing agreements and undertakings. Please refer to the Memorandum D22-1-1: Administrative Monetary Penalty System for details.

Appendix A – An Example of Export Permit

For all appropriate forms, including printable Applications for Permit to Export Goods (Controlled Goods Detail Form) EXT 1042-1), please refer to GAC’s web page Printable Forms.

Below is an example of an export permit issued by GAC.

export permit issued by GAC

Appendix B – Export Permit Procedures

The following chart outlines the permit procedure and delineates the respective responsibilities of the exporter, Global Affairs Canada (GAC), and Canada Border Service Agency (CBSA).

Action Responsibility
Step 1: Apply for a permit. Exporter
Step 2: When a new permit application is received, assess the goods and technology against the Export Control List (ECL), and review the permit application. GAC
Step 3: If the permit application is complete and, following an assessment of the application, it is determined that a permit should be issued, issue the permit to the exporter. GAC
Step 4: Present a copy of the export permit to the CBSA, within the time frames specified in the Reporting of Exported Goods Regulations by mode of transportation, at the place specified in the permit authorizing the exportation. If no place is specified in that permit, it must be presented at the export reporting office located closest to the place of exit of the goods and/or technology from Canada. Exporter
Step 5: Review the permit to ensure the information matches that of the attached export declaration, the cargo control document, and/or the goods or technology:
  • permit quantity, value shipped and description;
  • effective and expiry dates of permit;
  • issuance on behalf of the Minister of Foreign Affairs.
 CBSA
Step 6: Validate the permit in terms to quantity, value, etc., for export. CBSA
Step 7: Allow goods and technology to be exported. CBSA
Step 8: With respect to export permits for logs controlled under Item 5101 of the ECL that are validated at CBSA offices located along the Canada/US Border of the province of British Columbia, CBSA officers shall retain the permit together with its accompanying load slip, at the export reporting office, of exit as part of the export report. The log export permit and the accompanying load slip will be picked up routinely by an officer of the BC Ministry of Forests, Lands, Natural Resource Operations and Rural Development (BC FLNRORD). CBSA
Step 9: If necessary, take enforcement action. GAC
Step 10: If necessary, take enforcement action. CBSA

References

Consult these resources for further information:

Applicable legislation

Related D memoranda

Superseded D memoranda

D19-10-3 dated

Issuing office

Other Government Department Policy Unit
Commercial Analysis, Research and Engagement & Trusted Trader Programs Division
Commercial Programs Directorate
Commercial and Trade Branch

Contact us

Questions concerning the issuance of export permits for strategic and military goods and technology, should be directed to:

Export Controls Operations Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario K1A 0G2
Telephone: (343) 203-4331
Facsimile: (613) 996-9933
E-mail: tie.reception@international.gc.ca

Questions concerning the issuance of export permits for non-strategic goods and Milk Products and Infant Formula controlled under Group 5 of the ECL (with the exception of Forest Products) should be directed to:

Trade Controls Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Email: EXTOTT-TPC@international.gc.ca

Agricultural Products – Specific enquiries

Dog and Cat food (CETA Origin Quotas): origin.quotas-contingents.origine@international.gc.ca
Export Thresholds: Export_Thresholds-Seuils_Exportation@international.gc.ca
Fish and Seafood (CETA Origin Quotas): origin.quotas-contingents.origine@international.gc.ca
High-Sugar Containing Products (CETA Origin Quotas): origin.quotas-contingents.origine@international.gc.ca
Peanut Butter for Export to the United States: PeanutButter-BeurreArachide@international.gc.ca
Processed Foods (CETA Origin Quotas): origin.quotas-contingents.origine@international.gc.ca
Sugar-containing Products for Export to the United States: Sugar-Sucre@international.gc.ca
Sugar Confectionery and Chocolate Preparations (CETA Origin Quotas): origin.quotas-contingents.origine@international.gc.ca

Textiles and apparel – Specific enquiries:

CETA Origin Quotas for Textiles and Apparel: origin.quotas-contingents.origine@international.gc.ca
Tariff Preference Levels (TPLs) for Textiles and Apparel: TPL-NPT@international.gc.ca

Vehicles:

Vehicles (CETA Origin Quotas): origin.quotas-contingents.origine@international.gc.ca
Website: www.exportcontrols.gc.ca

Questions concerning the issuance of export permits for Forest Products (Items 5101 to 5104 on the ECL) should be directed to:

Softwood Lumber and Log Export Controls
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario, K1A 0G2
Telephone: 343-203-5386 (Hot Line)
Facsimile: 613-944-8950
Email for Logs: Logs-Billes_de_bois@international.gc.ca
Email for Softwood Lumber: softwood.boisdoeuvre@international.gc.ca
Website: https://www.international.gc.ca/controls-controles

For more information regarding the CBSA’s programs and services, please contact the Border Information Service (BIS) line. Within Canada, you can call BIS toll-free at 1-800-461-9999. From outside Canada, please call 204-983-3500 or 506-636-5064 (long-distance charges will apply). Agents are available Monday to Friday (08:00 – 16:00 local time, except holidays). TTY is also available within Canada at 1-866-335-3237.

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