Vol. 137, No. 13 — June 18, 2003

Registration
SOR/2003-216 5 June, 2003

EXPORT AND IMPORT PERMITS ACT

Regulations Amending the Export Permits Regulations (Miscellaneous Program)

P.C. 2003-881 5 June, 2003

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraphs 12(a) (see footnote a)  and (b) (see footnote b)  of the Export and Import Permits Act, hereby makes the annexed Regulations Amending the Export Permits Regulations (Miscellaneous Program).

REGULATIONS AMENDING THE EXPORT PERMITS REGULATIONS (MISCELLANEOUS PROGRAM)

AMENDMENTS

1. (1) The definitions "goods" and "permit" in section 1 of the Export Permits Regulations are replaced by the following:

"goods" means

• (a) goods as described in the Guide that are intended for export to a destination specified in respect of those goods in section 2 of the List; or
  (b) goods that are intended for export to a country included in the Area Control List. (marchandises)

"permit" means an export permit issued pursuant to subsection 7(1) of the Act. (licence)

(2) The definition "applicant" in section 1 of the English version of the Regulations is replaced by the following:

"applicant" means a resident of Canada who applies for a permit or an amendment to a permit. (requérant)

2. (1) Subparagraph 3(1)(g)(i) of the Regulations is replaced by the following:

• • (i) the country of origin of the goods and, if any portion of the goods is of United States origin and is included in item 5400 of Group 5 of the schedule to the List, the percentage that the portion is of the total cost of the goods,

(2) Paragraph 3(1)(j) of the Regulations is replaced by the following:

• (j) information that may be required by the Minister in respect of the purpose for which the applicant proposes to export the goods, in order to establish that the export of the goods is consistent with the purpose for which the export of the goods is controlled, including
  • (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 and the person from whom the applicant purchased the goods,
    (v) a copy of the contract of sale between the applicant and the person to whom the applicant sold the goods for export,
    (vi) a summary report on prior exports of like goods by the applicant,
    (vii) the name and address of the person from whom the applicant acquired the goods,
    (viii) the intended end-use of the goods by the consignee of the goods,
    (ix) the intended end-use location of the goods if different from the location of the consignee,
    (x) the export permit numbers of any previous export permits issued to the same applicant,
    (xi) an import permit issued by the government of the country for which the goods are destined, or
    (xii) an in-transit authorization.

3. Section 5 of the English version of the Regulations is replaced by the following:

5. Where an application for a permit is approved and signed by the Minister, the application form, together with the information and the terms and conditions in it, becomes a valid permit and shall not be amended except by the Minister under section 10 of the Act.

4. Subsection 7(2) of the Regulations is replaced by the following:

(2) An exporter who exports goods in a series of shipments over the term of the permit shall so inform an officer at the customs office specified in the permit when presenting the permit for each shipment made under the authority of the permit. The officer shall mark each shipment of the series on the permit and shall return the permit to the exporter. This procedure is repeated until the total quantity of goods covered by the permit has been exported or the permit has expired, at which time the exporter shall surrender the permit to an officer at the customs office specified in the permit.

COMING INTO FORCE

5. These Regulations come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Further to recommendations made by the Standing Joint Committee for the Scrutiny of Regulations, the amendments comprise corrections to minor grammatical errors, minor non-substantive changes for the sake of clarity and specific additional information that the Minister of Foreign Affairs can require from an applicant of an export permit.

These amendments should have minimal impact on the Canadian population. The purpose of a miscellaneous amendments regulation is to simplify the regulatory process as well as to reduce costs.

Contacts

• Mr. Thomas E. Jones
  Deputy Director (Technology)
  Export Controls Division
  Export and Import Controls Bureau
  125 Sussex Drive
  Ottawa, Ontario
  K1A 0G2
  Telephone: (613) 996-0197
  FAX: (613) 996-9933

Footnote a 

S.C. 1994, c. 47, s. 112(1)

Footnote b

S.C. 1994, c. 47, s. 112(1)

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with extensible hypertext markup language (XHTML 1.0 Strict).