Transhipment Regulations (C.R.C., c. 606)

Short Title

1 These Regulations may be cited as the Transhipment Regulations.

PART IExport from Canada

2 All goods originating outside Canada that are not in transit in bond on a through journey on a billing originating outside Canada or that do not otherwise come within the specific exceptions set forth in Group 9 of the Export Control List are subject to export control by virtue of Group 9 of that List and to the provisions of the Export and Import Permits Act and the regulations respecting export and import permits.

PART IITransit Movement Through Canada

3 In this Part,

goods

goods means any goods that are described under any Group in the Export Control List and that originate outside Canada and that have as their ultimate destination a country included in the Area Control List and that, when in transit in bond on a through journey on a billing originating outside Canada, are, at any port or other place in Canada, unloaded or in any way removed from the means of transportation by which they came into Canada; (marchandises)

means of transportation

means of transportation means the particular ship, vessel, railway car, aircraft, truck, vehicle or other mode of transportation on which the goods are carried; (moyen de transport)

transhipment

transhipment means, after goods have been unloaded or in any way removed from the means of transportation by which they came into Canada, their loading, placing on board or within or upon the same or any other means of transportation. (transbordement)

4 No person shall tranship or cause or assist in the transhipment of or accept for transhipment any goods, unless a transit authorization certificate covering such goods and issued by the exporting country or by the country of residence of the exporter has been presented to and endorsed by a Canadian collector of customs or, in the absence of such certificate, approval for the transhipment has been given by the Minister of Industry, Trade and Commerce or by a person authorized by him to do so.

PART IIIAuthorization for Transit Movement Outside Canada

• 5 (1) Where goods included in the Export Control List are to be exported from Canada to a country included in the Area Control List and are to move in transit through some other country, a transit authorization certificate respecting such movement may be issued by or on behalf of the Minister of Industry, Trade and Commerce.

• (2) An application for a transit authorization certificate shall be made only by a person who may, under the Export and Import Permits Act and regulations, apply for an export permit for such goods.

• (3) An application for a transit authorization certificate shall be made on a form provided by the Department of Industry, Trade and Commerce and procurable from the Export and Import Permits Division of that Department.

• (4) An applicant shall send the application form to the Export and Import Permits Division, Department of Industry, Trade and Commerce, Ottawa, Canada, and shall furnish such other information, in addition to that given in the application form, as may be required by or on behalf of the Chief of the Export and Import Permits Division.

6 When an application for a transit authorization certificate has been approved and signed by or on behalf of the Minister of Industry, Trade and Commerce, the application form, with all information appearing therein, becomes a transit authorization certificate and shall not, thereafter, be altered except by or on behalf of the Minister.

7 No person shall in any way use a transit authorization certificate other than in connection with the export and in transit movement of the goods for which the certificate was issued or otherwise than in accordance with the terms and information appearing in such certificate.