Exports to Iran: Regulatory Requirements Related to Economic Sanctions
The Regulations Implementing the United Nations Resolutions on Iran (the Iran Regulations) were implemented in response to the proliferation risks resulting from Iran's uranium enrichment-related, reprocessing or heavy water-related activities, or to the development of nuclear weapon delivery systems.
As part of the Iran Regulations, certain goods, technologies and transactions are prohibited from being knowingly sold, supplied or transferred, directly or indirectly, to any person in Iran or for the benefit of Iran. These Regulations address a wide variety of activities including, but not limited to, exports, imports, financial transactions, use of registered vessels and aircraft, and property transactions. Exporters must ensure that their transactions are in conformity with the Iran Regulations.
The Iran Regulations also contain important prohibitions in relation to dealings and transactions with “designated persons” and entities who are engaged in, directly associated with, or providing support for Iran's proliferation sensitive nuclear activities or the development of nuclear weapon delivery systems.
The goods and technologies that are prohibited for export to Iran under Section 3 of the Iran Regulations are specified in the Export Control List, in addition to some nuclear-related products. All exports of goods or technology in the Export Control List are subject to export controls and must be authorized by an export permit. To apply for a permit to export controlled goods or technology to Iran, you must follow the procedure and submit the supporting documents which are described in the notice below.
Furthermore, these Section 3 goods and technologies may only be exported to Iran if certain conditions are met and after obtaining a certificate from the Minister of Foreign Affairs to exempt them from the application of the Iran Regulations. Sections 17 to 20 of the Iran Regulations outline the circumstances and conditions under which such certificates may be issued.
The full-text of the Iran Regulations and amendments is available by clicking on the following links:
Information on the key provisions of these Regulations may also be found on the Customs Notice 07-009, ‘Summary of the Regulations Implementing the United Nations Resolution on Iran'.
Links to the full text of the United Nations Security Council Resolutions 1737, 1747 and 1803 on Iran are provided below. The list of "designated persons" as the term is defined in Canada's Regulations Implementing the United Nations Resolution on Iran can be found in the annexes to each of these Resolutions:
A link to the Foreign Affairs, Trade and Development Canada "Canadian Economic Sanctions" site follows:
Notice to Exporters
The ARCHIVED - EXCOL export permit process is being used by the Canadian Government to address the requirements of the Export and Import Permits Act, its associated Export Permit Regulations and the Iran Regulations. Under this process the exporter is required to provide the following information in order to process a potential application for a Certificate of Exemption where applicable:
"The applicant shall submit to the Minister, in writing, the following information and declarations:
- the applicant's name, address and telephone number and, if the applicant is a corporation, the name of a contact person;
- if the applicant is applying for a certificate for, on behalf of or for the use of another person who will sell, supply or transfer the products, the name, address and telephone number of the other person;
- the customs office at which the products will be reported in the prescribed form under the Customs Act;
- the name and address of each consignee;
- the country in which the products are to be consumed or the country of final destination;
- for each type of separately identifiable product,
- if the product appears in the Guide, the corresponding item number,
- if it exists, the Harmonized Commodity Description and Coding System commodity code as set out in the Harmonized System Nomenclature, published by the World Customs Organization,
- a description of the identifiable products, including 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 the goods, and
- the quantity, unit value and total market value of the identifiable products, free on board (f.o.b.), factory or first shipping point in Canada and the approximate net weight;
- the total value of all types of separately identifiable products intended to be sold, supplied or transferred;
- all other relevant information, including
- an End-use Certificate,
- an End-use Statement,
- a copy of the contract between the applicant and the person to whom the applicant wishes to sell, supply or transfer the products,
- a summary report on any prior sale, supply or transfer of like products by the applicant,
- the intended end-use of the products by the consignee of the goods,
- the intended end-use location of the products if different from the location of the consignee,
- the export permit numbers of any previous export permits issued to the same applicant,
- an import permit issued by the government of the country for which the products are destined, and
- an in-transit authorization;
- a declaration that, to the best of the applicant's knowledge, the products would not contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or to the pursuit of activities related to topics about which the IAEA has expressed concerns or identified as outstanding; and
- a declaration that the information provided under this subsection is true, complete and correct."
EXCOL Export Permit Process for Exports to Iran
Information on how to apply for an export permit can be obtained in "A Guide to Canada's Export Controls".
In addition to the standard documentation required to be submitted with your Export Permit Application, the applicant is required to provide the following:
- Create and attach a cover letter to your Export Permit Application (electronic through EXCOL as a Recognized User, electronic through EXCOL as a Non-Recognized User or through a paper submission using the printable forms) which:
- Describes the overall program / project / contract and the Canadian involvement;
- Defines what entities (complete business names, mailing addresses, phone and fax numbers, email addresses, if applicable, and websites, if applicable) are involved in the financial transactions (include a copy of the Letter of Credit or other loan guarantee as applicable);
- Identifies the total dollar value of the project (if in foreign currency, provide in Canadian dollars and the conversion rate);
- Identifies the end-use of the items / parts / services that have been exported; and
- Includes a declaration that, to the best of the applicant's knowledge, the items / parts / services would not contribute to Iran's enrichment-related, reprocessing or heavy water-related activities, to the development of nuclear weapon delivery systems, or the pursuit of activities related to topics about which the International Atomic Energy Agency has expressed concerns or identified as outstanding.
- Attach a separate document – Technical Data - that describes each good / technology / service identified in the individual Item Descriptions listed in your Export Permit Application in sufficient detail to facilitate assessment against the Export Control List.
- With respect to each item / part, provide the following:
- item / part number (i.e. unique configuration control identifier / ordering information);
- item / part description with sufficient detail to describe what the item / part is;
- describe what the item / part is used for;
- identify what system (provide additional detail, as necessary, to describe the system function, etc) the item / part is used in;
- attach the marketing information / technical specification of the item / part which describes the item / part performance characteristics / capabilities;
- if the item / part is a commercial-off-the-shelf item / part, provide the following from the ordering brochure:
- cover page showing the manufacturer;
- technical details of the specific item / part;
- unique configuration control identifier / ordering information (e.g. part number prefix / suffix information related to options, etc);
- With respect to technology / services, provide the following:
- describe what design, development, manufacturing, or other related engineering / technical services are to be provided;
- describe what other services are to be provided;
- Attach a copy of the contract sections / paragraphs which provide delivery information, parties to the contract, financial arrangements, and identify the items / parts / or services that are to be exported.
Exporters submitting an Export Permit Application electronically must attach all supporting documentation electronically. Each individual document must be less than 6M bytes for submission through EXCOL. Documents must be provided in one of the following formats: MS Word, Corel Suite, Adobe PDF, MS Excel, MS PowerPoint or Image formats (JPG, GIF, BMP). Documents must be provided in either English or French. If it is impossible to attach electronic documents, you must indicate on the application that they will be sent by fax or mail to the Export Controls Division fax 613-996-9933.
If you are a new applicant, provide your GST number with your first application.
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