General Export Permit No. 47 — Export of Arms Trade Treaty Items to the United States (SOR/2019-230)

The Minister of Foreign Affairs, pursuant to subsection 7(1.1)Footnote ^a of the Export and Import Permits ActFootnote ^b, issues the annexed General Export Permit No. 47 — Export of Arms Trade Treaty Items to the United States.

• Return to footnote ^aS.C. 2004, c. 15, s. 56

• Return to footnote ^bR.S., c. E-19

Ottawa, June 17, 2019

La ministre des Affaires étrangères, Chrystia Freeland Minister of Foreign Affairs

Interpretation

Marginal note:Definitions

1 The following definitions apply in this Permit.

Act

Act means the Export and Import Permits Act. (Loi sur les licences d’exportation et d’importation)

Export Controls Operations Division

Export Controls Operations Division means the Export Controls Operations Division of the Department of Foreign Affairs, Trade and Development. (Direction des opérations des contrôles à l’exportation)

Guide

Guide has the same meaning as in section 1 of the Export Control List. (Guide)

General

Marginal note:Authorization

2 Subject to sections 3 to 6, any resident of Canada may export any of the following goods from Canada to the United States:

• (a) any good referred to in item 2-1 of the Guide;

• (b) any good referred to in item 2-3 of the Guide;

• (c) any good referred to in Group 9 of the schedule to the Export Control List.

Marginal note:Unauthorized goods

3 This Permit does not authorize

• (a) the export of goods to a country other than the United States;

• (b) the export of prohibited ammunition, prohibited devices, prohibited firearms or prohibited weapons, as defined in subsection 84(1) of the Criminal Code; and

• (c) the export of any good referred to in item 2-2.a. or 2-4.a. of the Guide.

Conditions

Marginal note:Firearms Act

4 A resident of Canada who exports a firearm under this Permit must

• (a) hold a licence under the Firearms Act issued by the chief firearms officer of the province in which they reside; and

• (b) if the firearm is a restricted firearm, hold a registration certificate for it issued under that Act.

Marginal note:Information

• 5 (1) A resident of Canada who exports under this Permit a good referred to in Group 9 of the schedule to the Export Control List must provide in writing to the Export Controls Operations Division

  • (a) before exporting under this Permit in a calendar year, their name, address, telephone number, email address and any facsimile number;

  • (b) within 30 days after each six-month period ending on June 30 and December 31 of the calendar year for which the information in paragraph (a) was provided, a report stating

    • (i) whether they exported a good under this Permit during that period, and

    • (ii) if a good was exported,

      • (A) the name and address of each consignee,

      • (B) a description of the 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, and

      • (C) the quantity and value in Canadian dollars of the good; and

  • (c) within 15 days after the day on which the resident of Canada receives a request from the Export Controls Operations Division, any information referred to in paragraph (b) that is requested by it in respect of exports during the period specified in the request.

• Marginal note:Exception

  (2) Despite paragraph (1)(b), a resident of Canada who provides the information referred to in paragraph (1)(a) during the six month period ending on December 31 is not obliged to provide a report for the six-month period ending on June 30 during the same calendar year.

• Marginal note:Temporary export

  (3) Subsection (1) does not apply to the export of a good if the good is to be returned to Canada and to the resident of Canada who exported it within two years after the day of export.

• Marginal note:Good not returned within two years

  (4) If a good referred to in subsection (3) is not returned to the resident of Canada within two years after the day of export, the resident of Canada must provide in writing to the Export Controls Operations Division the information referred to in subsection (1) no later than 30 days after the day that is two years after the day of export.

Marginal note:Records

6 A resident of Canada who exports a good under this Permit must retain, for a period of six years after the year in which the good is exported, the following records:

• (a) the date on which the good was exported;

• (b) the name and address of each consignee;

• (c) the quantity and value in Canadian dollars of the exported good; and

• (d) 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.

Coming into Force

Marginal note:S.C. 2018, c. 26

Footnote ^*7 This Permit comes into force on the day on which section 6 of An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments), chapter 26 of the Statutes of Canada, 2018, comes into force, but if it is registered after that day, it comes into force on the day on which it is registered.

• Return to footnote ^*[Note: Regulations in force September 1, 2019, see SI/2019-41.]