03/22/2015    

 

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Q 1.  Do I have a right to an export permit for goods controlled under the Export and Import Permits Act?

 

A 1.  Exporting goods controlled under the EIPA is a privilege, not a right. Because of the discretionary nature of the EIPA, whether you get a permit largely depends on whether the government wants to issue you one.

 

 

 

Q 2.  I am the President of a multilateral corporation. I want to export a certain Canadian made, but export-controlled product directly from the Canadian subsidiary. I have consolidated our marketing and traffic functions in the US. Can the US facility apply for a Canadian export permit but ship the goods directly from the Canadian plant where the goods are manufactured?

 

A 2.  Applications for export permits must be submitted by a resident of Canada. While the multilateral corporation could be identified on the application as the "Exporter", the Applicant (resident in Canada) must apply for the export permit directly.

 

 

 

Q 3.  Recently my goods were detained and then seized by Canada Border Services Agency (CBSA) claiming that the goods were subject to export permits under the Export and Import Permits Act (EIPA). What are my rights to appeal this decision?

 

A 3.  Once you have been notified that the goods have been seized, you have the right to appeal the decision under time frames established in the Customs Act.

 

 

 

Q 4.  Does an officer from the Export Controls Division have the authority to request any information in support of an export permit

application?

 

A 4.  An officer administering the EIPA on behalf of the Minister of Foreign Affairs may request that information which is specifically provided for under the EIPA or the Export Permits Regulations.

 

 

 

Q 5.  Are there no legislated time frames when an application needs to be processed?

 

A 5.  Although many countries, including the US under its Export Administration Regulations embody legislated time frames, there are no legislated time frames covering the processing of applications under the EIPA. However, there are service standards established by the Export and Import Controls Bureau, International Trade Canada, that are designed to deal with the fair and expeditious processing of permits.  

 

 

 

Q 6.  Last month, after 4 months of processing by DFAIT, the case officer advised me that he could not approve my export permit application because it was government policy not to approve such applications. On his suggestion, I withdrew the application thereby foregoing a lucrative export sale. Does an officer of the Export Controls Division have the right to refuse to issue me a permit?

 

A 6.  An officer administering the EIPA on behalf of the Minister of Foreign Affairs does not have the right to refuse to issue an export permit. Only the Minister may deny an export permit application. There are also no provisions in the Act or Regulations that provide for the withdrawal of applications although exporters have the right to request that the application be returned and forego processing of the application.

 

 

 

Q 7.  An export permit application I had submitted was recently refused and returned to me. Can I appeal this decision?

 

A 7.  There are no legislated appeal provisions under the EIPA. If you are aggrieved by a decision on an application you may request the Minister of Foreign Affairs to review it but he is under no legal obligation to do so. Of course, you have the right to appeal any EIPA decisions to the Federal Court but this could be a costly venture.

 

 

 

Q 8.  Are all goods of US origin subject to export controls and how is US origin determined?

 

A 8.Yes, all goods of US origin are subject to export controls under Export Control List Item 5400. In most cases, an exporter may export goods controlled under ECL Item 5400 to most countries under a General Export Permit (GEP-12). For the purposes of ECL Item 5400, "US origin" has traditionally been interpreted to cover goods of US manufacture.

 

 

 

Q 9.  How are goods and technology placed on the Export Control List?

 

A 9.  Goods are included on the Export Control List for specific reasons and generally, are consistent with the multilateral regime lists. If in doubt, you may wish to review those multilateral lists at the web sites noted in the "Important Links" section of this web site. Important Links

 

 

 

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