Export Permits Regulations

3 (1) This section does not apply to the exportation of goods referred to in subsection 4(1).

(2) An applicant for a permit must submit to the Minister a duly completed and signed application form, provided by the Minister, containing the following information:

• (a) the date on which the application form is completed;

• (b) the applicant’s name, address, telephone number, email address and any facsimile number and any identifier number assigned by the Minister and, if the applicant is a corporation, the name and telephone number of a contact person familiar with the application;

• (c) if the applicant is applying for a permit on behalf of, or for the use of another person or corporation who will export or transfer the goods or technology, the name, address, telephone number, email address and any facsimile number of the other person or corporation and any identifier number assigned by the Minister and the name and telephone number of a contact person familiar with the application;

• (d) the name, address, telephone number, email address and any facsimile number of each consignee and the name and telephone number of a contact person associated with the consignee who is familiar with the application;

• (e) the country in which the goods or technology are to be used or the country of final destination;

• (f) for each type of separately identifiable goods or technology,

  • (i) their country of origin and, if any portion of them is of United States origin and is included in item 5400 of Group 5 of the schedule to the List, their proportion to the total cost of the goods or technology, expressed as a percentage,

  • (ii) if they are included in the schedule to the List, their corresponding item number in the Guide,

  • (iii) a description of the goods and technology including, as applicable, their purpose and technical specifications, with sufficient detail to disclose their true identity and in terms that avoid the use of trade names, technical names or general terms that do not adequately describe them,

  • (iv) the quantity, unit value and total market value of the goods or technology,

  • (v) the factory where the goods or technology were made or the first shipping point in Canada, and

  • (vi) the approximate mass, net weight or volume of the goods or technology;

• (g) an indication of the means by which the permit should be sent to the applicant or the exporter; and

• (h) information to establish that the export or transfer of the goods or technology is consistent with the purpose for which the export or transfer of the goods or technology is controlled, consisting of one or more of the following:

  • (i) an International Import Certificate,

  • (ii) an End-use Certificate,

  • (iii) an End-use Statement,

  • (iv) a copy of the contract of sale between the applicant or the exporter and the person from whom the applicant or the exporter purchased the goods or technology,

  • (v) a copy of the contract of sale between the applicant or the exporter and the person to whom the applicant sold the goods or technology for export or transfer,

  • (vi) a copy of the commercial invoice that relates to the export or transfer,

  • (vii) a copy of a letter of credit or other financial documentation which identifies the Canadian and foreign financial institutions involved in the export or transfer,

  • (viii) the name and address of the person from whom the applicant or exporter acquired the goods or technology,

  • (ix) the intended end-use of the goods or technology by their consignee,

  • (x) the intended end-use location of the goods or technology, if different from the location of the consignee,

  • (xi) an import permit issued by the government of the country for which the goods or technology are destined, or

  • (xii) an in-transit authorization.

(3) In addition to the application form, the applicant must submit to the Minister

• (a) a declaration that, to the best of their knowledge, the goods or technology will enter into the economy of the country under paragraph (2)(e) that is identified in the application form, and will not be transhipped or diverted from that country;

• (b) in the case of goods or technology referred to in Group 2, Group 6 or item 5504 of Group 5 of the schedule to the List:

  • (i) if they are DPA controlled goods

    • (A) proof of registration or exemption from registration under the Defence Production Act and the Controlled Goods Regulations; or

    • (B) proof that the applicant or the exporter is a person that Part 2 of the Defence Production Act does not apply to, under section 36 of that Act; and

  • (ii) if they are not DPA controlled goods, a declaration attesting that the applicant has reviewed the Defence Production Act and determined that they are not exporting or transferring DPA controlled goods; and

• (c) a United States export authorization in respect of the following goods

  • (i) any DPA controlled goods that are of United States origin,

  • (ii) any goods incorporating DPA controlled goods of United States origin, or

  • (iii) any goods manufactured in Canada using any DPA controlled goods of United States origin.