Notice to Exporters
General Export Permit No. 47 – Export of Arms Trade Treaty Items to the United States
Export and Import Permits Act
Serial No. 217
Date: August 2019
1. The purpose of this Notice is to advise exporters that, pursuant to the Export and Import Permits Act, the Minister of Foreign Affairs has issued a General Export Permit (GEP) relating to exports to the United States of Arms Trade Treaty (ATT) Items identified in Group 9 of the Export Control List (ECL) and certain firearms and ammunition referred to in items 2-1 and 2-3 of the Guide to Canada's Export Controls (‘the Guide’).
2. GEPs are intended to facilitate trade in defined circumstances, and are issued generally to all residents of Canada to allow the export or transfer of specified goods and technology to designated destinations, subject to certain terms and conditions. GEPs do not require an individual application to be submitted to Global Affairs Canada for the proposed export or transfer.
3. This Notice should be read in conjunction with General Export Permit No. 47 — Export of Arms Trade Treaty Items to the United States (GEP 47) and the current version of “A Guide to Canada's Export Controls”, both of which are available online.
4. Through a recent amendment to the ECL (see: Order Amending the Export Control List (Arms Trade Treaty)), an export permit requirement has been put in place for the export of ATT items, listed in Group 9 of the Guide, to the United States. The objective of GEP 47 is to provide a streamlined permitting process for the export of most ATT items to the United States. The reporting requirements in GEP 47 enable the Government of Canada to increase transparency by reporting on the permanent export of ATT items to the United States.
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Eligible and Ineligible Goods
5. GEP 47 allows residents of Canada, subject to certain terms and conditions, to export all goods included in Group 9 and certain goods referred to in items 2-1 and 2-3 of the ECL/Guide to the United States.
6. GEP 47 does not allow the export of prohibited ammunition, prohibited devices, prohibited firearms or prohibited weapons, as defined in subsection 84(1) of the Criminal Code. Although they may be controlled under items 2-1 or 2-3, exporters wishing to export these goods to the United States still require individual export permits.
7. All other goods identified in the ECL as requiring an individual permit for export to the United States, such as those controlled under ECL items 2-2.a. or 2-4.a., are not eligible for export or transfer under this GEP.
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8. Any resident of Canada wishing to export a firearm under this GEP must hold a valid licence under the Firearms Act and if the firearm is a restricted firearm, hold a registration certificate for it issued under that Act.
9. Exporters wishing to utilize GEP 47 to export items referred to in Group 9 of the ECL must prior to their first export in a calendar year, provide to the Export Controls Operations Division, at the address provided in paragraph 20, in writing: their name, address, telephone number, email address and, if any, their facsimile number.
10. Within 30 days after each six-month period ending on June 30 and December 31 of the calendar year, exporters who had notified the Export Controls Operations Division of their intent to use GEP 47 must provide a report stating whether they exported goods under this GEP during that period, and if so, they must provide:
- the name and address of each consignee
- a description of the good(s), including the provision of the schedule to the Export Control List that refers to it and the item number assigned to it by the Guide, and
- the quantity and value in Canadian dollars of the good(s).
11. Reports are expected every 6 months in accordance to paragraph 10, unless, after June 30 of a given calendar year, an exporter pre-notifies the Export Controls Operations Division of their intent to use this GEP during the second half of the calendar year. In such a case, exporters do not have to provide a report for the first half of that year.
12. Exporters must retain, for a period of six years after the year in which an export is made under this GEP, the following records:
- the date on which the good was exported;
- the name and address of each consignee;
- the quantity and value in Canadian dollars of the exported good; and
- a description of the exported good, the provision of the schedule to the Export Control List that refers to it and the item number assigned to it by the Guide.
13. The pre-notification and reporting requirements mentioned above do not apply if the exported good is to be returned to Canada and to the resident of Canada who exported it within two years after the day of export. However, should that good not be returned to the resident of Canada who exported it within two years, the resident of Canada must provide in writing to the Export Controls Operations Division, no later than 30 days after the date that marks two years since the original export, the information referred to in paragraphs 9 and 10 above.
14. There are no pre-notification and no reporting requirements for Canadian residents exporting firearms and ammunition controlled under items 2-1 and 2-3 of the ECL to the United States, if they are not intended for police and/or military end-use.
15. Further to a request from the Export Controls Operation Division, exporters must provide, within 15 business days from the date of request, the information identified in paragraph 12 of this Notice in respect of any export or transfer made using GEP 47 during the time period specified in the request.
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16. Exporting or transferring controlled goods and technology except in accordance with the terms and conditions of a GEP or in accordance with an individually issued export permit can result in prosecution under the Export and Import Permits Act.
17. This Notice has been prepared for guidance and convenience of reference only. Global Affairs Canada does not provide legal advice on the foregoing. For all purposes of interpreting and applying the law, readers should consult the Export and Import Permits Act and its associated regulations. These publications are available online.
18. Global Affairs Canada is committed to take all reasonable measures to protect the privacy, with respect to the information they provide, of residents of Canada who submit a notification of intent to use General Export Permits. However, please note that information provided for this purpose and reporting on the usage of General Export Permits may be shared with other federal institutions for the purpose of enforcement and administration of export controls or activities associated with the delivery of their mandate. This sharing of information will only be considered with federal institutions that are partners/consultees in the administration and enforcement of Canada's export control regime.
19. For further information, exporters may contact:
Export Controls Operations Division (TIE)
Trade and Export Controls Bureau
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario K1A 0G2
Internet: Export and Import Controls
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