Brokering Permit Regulations: SOR/2019-221

Canada Gazette, Part II, Volume 153, Number 13

Registration
SOR/2019-221 June 17, 2019

EXPORT AND IMPORT PERMITS ACT

P.C. 2019-797 June 16, 2019

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 12(a) ^{footnote a} of the Export and Import Permits Act ^{footnote b}, makes the annexed Brokering Permits Regulations.

Brokering Permit Regulations

Application for brokering permit

1 An application for a brokering permit referred to in subsection 7.1(1) of the Export and Import Permits Act must be made in the form provided by the Minister, be signed by the applicant and contain the following information:

• (a) the applicant’s name, address, telephone number, email address and any facsimile number and, if the applicant is an organization, the name of a contact person;
• (b) if the applicant is a natural person, their citizenship and, if they are not a citizen of Canada, whether they are a permanent resident as defined in subsection 2(1) of the Immigration and Refugee Protection Act;
• (c) the country from which the goods or technology to be brokered are to be exported;
• (d) the name, address, telephone number, email address and any facsimile number of
  • (i) the person that is selling the goods or technology,
  • (ii) the person that is purchasing the goods or technology, and
  • (iii) any other brokers or agents or mandataries involved in the transaction;
• (e) the country of final destination;
• (f) the name, address, telephone number and email address of each consignee and, if a consignee is an organization, the name, if known, of a contact person;
• (g) for each type of good or technology
  • (i) the provision of the Brokering Control List that refers to the good or technology and the item number assigned to it by the Guide referred to in the Export Control List,
  • (ii) a description of the good or technology, including its purpose and technical specifications, with sufficient detail to disclose its true identity and in terms that avoid the use of trade names, technical names or general terms that do not adequately describe the good or technology, and
  • (iii) if available, the quantity and the total value and unit value in Canadian dollars;
• (h) a copy of any available end-use certificate or end-use statement and a statement indicating whether the good or technology is destined for commercial resale or for end-use by a government; and
• (i) whether the good or technology is included under paragraph 1(b) or (c) of the Brokering Control List.

Coming into force

2 These Regulations come into force on the day on which section 8 of the 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 they are registered after that day, they come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2019-220, The Brokering Control List.