抖淫视频

General

• What changes are being made to Canada’s export control program?

  Bill C-47 strengthens Canada’s export control program and enables Canada to accede to the Arms Trade Treaty (ATT). The changes include:

  • Establishing a framework to control brokering both in Canada and undertaken by Canadians in other countries;
  • Requiring the Minister of Foreign Affairs to take into account ATT assessment criteria before issuing an export or brokering permit, and incorporating the criteria into legislation for the first time;
  • Establishing a substantial risk test that requires the Minister to deny a permit if there is a substantial risk that the export would result in one of the negative consequences described in the criteria;
  • Increasing transparency on exports to the U.S.;
  • Setting May 31 as the date by which the Minister must table a report in both Houses of Parliament describing operations under the Export and Imports Permits Act (EIPA) during the preceding year, and a report on military exports during the preceding year;
  • Increasing the maximum fine for a summary-conviction offence to $250,000;
  • Replacing the requirement that only countries with which Canada has an intergovernmental defence, research, development and production arrangement may be added to the Automatic Firearms Country Control List (AFCCL) with a requirement that a country may be added to the AFCCL only on the recommendation of the Minister made after consultation with the Minister of National Defence.
• Will these changes affect firearm owners in Canada?

  Bill C-47 does not amend the Firearms Act or alter regulations related to firearm ownership and domestic transfers in Canada.

• What is brokering?

  Bill C-47 defines brokering as “to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country.”

• What is “substantial risk?”

  The ATT requires that exports be assessed to determine whether an “overriding risk” exists. In such a case, the export must not be authorized if, after considering the available mitigating measures, it is determined that there is an overriding risk that the export would result in one of the negative consequences described in the assessment criteria listed in the ATT.

  Because “substantial risk” is a term commonly used in Canadian law, Bill C-47 describes this consideration as a substantial risk test.

  Substantial risk means that compelling evidence exists of a connection between the proposed export and the negative consequences.

• What regulations are proposed?

  Brokering Control List: Lists all items controlled for brokering which will require a permit prior to being brokered.

  Brokering Permit Regulations: Sets out the information that must be submitted in an application for a brokering permit.

  Regulations Specifying Activities that Do Not Constitute Brokering: Excludes transfers between affiliates of a corporation, and Canadians working abroad for a non-Canadian employer. These exclusions do not apply when the item being brokered is a full-system weapon, as defined in the ATT.

  Order Amending the Export Control List (Arms Trade Treaty): Creates a new Group in the Export Control List for items that require reporting under the ATT, along with a requirement to obtain a permit to export items in the Group to the U.S.

  General Brokering Permit (“GBP”) No. 1: Establishes a simplified authorization process for brokering controlled items to select low-risk destinations.

  General Export Permit No. 47—Export of Arms Trade Treaty Items to the United States: Issues to all Canadians a general permit allowing the export of ATT items to the United States without the need to apply for individual export permits. Those who export ATT items to the U.S. must report twice a year on all permanent exports.  

  A more detailed explanation of the six proposed regulations can be found in the

• What is the timeline for these changes and for accession to the ATT?

  The proposed regulations related to Bill C-47 have been “pre-published” in the Canada Gazette, Part I, for 30 days (from March 16 to April 15, 2019). Stakeholders are encouraged to review and comment. After reviewing all comments received, officials may adjust the regulations.

  The regulations are expected to be published in June, and will enter into force 30 days after final publication, allowing Canadians time to familiarize themselves with the changes.

  The coming into force of the regulations will also trigger the coming into force of the wider changes to Canada’s export-controls program made through Bill C-47.

  Once the regulations are in force, Canada will formally request to join the ATT and will become a States Party after the mandatory 90-day waiting period.

• Why does Canada plan on acceding to the ATT?

  Accession to the ATT complements Canada’s existing commitment to responsible trade in conventional arms.

  The ATT is the first international treaty that seeks to address the problems caused by the illicit trade in conventional arms. Its main objective is to establish fundamental standards that countries should live up to and implement within their export controls system.

  Promoting systematic, standards-based and effective decision-making on arms exports also fosters legitimate, transparent and responsible trade in conventional arms, and creates a level playing field for the international defence industry.

  ATT accession will align Canada with its closest partners and allies. Canada is the only NATO or G7 country to have neither signed nor ratified the ATT.

  Civil society, non-governmental organizations and the Canadian public support Canada’s accession to the ATT.

• Where can I find more information about how the changes will be implemented?

  Detailed questions and answers on these changes, including the proposed regulations, can be found below.

  The Export Controls Handbook will be updated to provide further guidance on who should apply for a brokering and export permits, and when and how to apply.

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ATT assessment criteria and substantial risk test

• What criteria will be used to assess applications for export and brokering permits after the changes take effect? How do they differ from the existing criteria? Will the criteria be made public?

  Bill C-47 received royal assent on December 13, 2018. Once it enters into force, the Minister of Foreign Affairs will be required to assess all exports against the assessment criteria set out in section 7.3(1) of Bill C-47; that is, whether the export:

  • would contribute to peace and security or undermine it
  • could be used to commit or facilitate
    • a serious violation of international humanitarian law,
    • a serious violation of international human rights law,
    • an act constituting an offence under international conventions or protocols relating to terrorism to which Canada is a party,
    • an act constituting an offence under international conventions or protocols relating to transnational organized crime to which Canada is a party, or
    • serious acts of gender-based violence or serious acts of violence against women and children.

  This is the first time that criteria are being put directly into legislation.

  Bill C-47 introduces a substantial-risk test. The Minister must deny a permit if there is a substantial risk that the export would result in one of the negative consequences set out in section 7.3(1).

  In addition to these explicit criteria, the Minister will have broad discretion to consider additional factors, such as security and foreign-policy concerns.

  The ATT criteria are broadly similar to those Canada has used to assess export-permit applications since 1986, with the notable additions of serious acts of gender-based violence or serious acts of violence against women and children.

• What items will the criteria apply to?

  The ATT criteria will be used to assess applications for export and brokering permits for strategic goods and technology related to arms, ammunition, implements and munitions of war included in the Export Control List, and in the proposed Brokering Control List.

• Will the assessment process for these criteria be made public?

  The backgrounder to the consultation includes a non-exhaustive list of the types of questions typically considered to determine whether a substantial risk exists. Following the consultation process, the Government of Canada intends to publish a revised list of non-exhaustive questions.

• What is “substantial risk?”

  The ATT requires that exports be assessed to determine whether an “overriding risk” exists. In such a case, the export must not be authorized if, after considering the available mitigating measures, it is determined that there is an overriding risk that the export would result in one of the negative consequences described in the assessment criteria listed in the ATT.

  Because “substantial risk” is a term commonly used in Canadian law, Bill C-47 describes this consideration as a substantial risk test.

  Substantial risk means that compelling evidence exists of a connection between the proposed export and the negative consequences.

• With respect to the substantial-risk test, what would typically be considered as mitigating measures?

  Mitigation measures vary based on the circumstances of a particular case.

  For illustrative purposes, examples of mitigating measures could include confidence-building measures such as:

  • additional end-use/end-user assurances or declarations by the importing state of intended use of the transferred weapons or items, accompanied by the undertaking/assurance/guarantee not to use them for purposes counter to the provisions of the ATT
  • post-shipment controls including Delivery Verification Certificates, record-keeping requirements/checks
  • information-exchange and transparency provisions between exporting and importing states, including:
    • provision of information about weapons or items stolen, lost, or otherwise unaccounted for
    • disclosure by the importing state of its records regarding observation of relevant international human rights law, international humanitarian law, international conventions or protocols relating to terrorism and to transnational organized crime
    • training of relevant actors in the application of international law, including international humanitarian law, international human rights law, and other international standards such as the .
• Do ATT reporting requirements apply only to full-system conventional arms, or also to their parts and components?

  The ATT requires reporting on exports and brokering of full-system conventional arms as laid out in Article 2(1) and as summarized in the consultations backgrounder.

  ATT Article 4 requires that full systems, along with their parts and components, be assessed against the ATT criteria (i.e. Articles 6 and 7) “where the export is in a form that provides the capability to assemble the conventional arms covered under Article 2 (1).”

  Canada’s export controls system has long gone above and beyond ATT requirements by assessing all individual parts and components against criteria such as peace and security, risk of human rights violations, diversion to organized transnational crime or terrorism, etc.

  The ATT criteria will be used to assess all applications for export and brokering permits of strategic goods and technology in respect of arms, ammunition, implements and munitions of war on the Export Control List.

• How would a serious act of gender-based violence be identified/assessed?

  抖淫视频 will develop and publish a list of illustrative questions to guide the identification and assessment of transactions for risks of serious acts of gender-based violence.

  The list will be developed based on input received from stakeholders during public consultations. The online questionnaire includes a preliminary list of illustrative questions.

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Brokering controls

Definitions

• Bill C-47 defines brokering as “to arrange or negotiate a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country.” What does “arrange or negotiate” mean?

  Arrange or negotiate means to act as a directing mind in the negotiations, including with regard to the terms and conditions of any contract that may be involved in the brokering transaction. Arranging or negotiating does not imply the transaction will be successful.

  Arrange or negotiate could include a wide variety of activities, such as: meeting to discuss specific details related to a contract that would result in the movement of controlled items from one foreign country to another; or drafting a non-disclosure agreement related to the movement of controlled items from one foreign country to another. Any negotiation of the specific terms of a contract would be considered brokering.

  Canadian brokering controls do not apply to the movement of items within a foreign country. Additionally, Canadian controls do not apply to the provision of strictly administrative and ancillary services (such as transportation, financing, insurance, legal services).

• The Regulations Specifying Activities that Do Not Constitute Brokering exclude certain activities from control. When would these exclusions apply?

  These exclusions do not apply if the item being brokered is a full-system conventional arm.

  “Transfers between affiliates of a corporation” would encompass a situation where a company transfers some of its inventory from one location to another with no change in ownership (e.g. head office to satellite office, one warehouse to another warehouse). A corporation is considered an affiliate of another corporation if one of them is controlled by the other, or both are controlled by another corporation.

  “Canadians outside of Canada who are directed by their non-Canadian employer to undertake brokering activities, so long as they do not control the employer” refers to situations where a Canadian employee works for a foreign employer. Application of this exclusion would depend on the corporate structure and nature of the employer. This exclusion would not apply when the Canadian employee exercises control over the foreign employer, or when a Canadian company controls the foreign employer.

Scope of brokering controls

• What items are subject to the new brokering controls?

  The Brokering Controls List would include items listed in Group 2 and the proposed Group 9 of the , along with other controlled items intended for a weapon of mass destruction end-use.

  Please refer to the section on Exports to the U.S for an overview of Group 9.

  Brokering controls apply regardless of the item’s country of manufacture.

Applying for a brokering permit

• When does a brokering activity begin? When should I apply for a brokering permit?

  A brokering permit should be in place prior to discussing the specific terms and conditions of a contract to move controlled items from one foreign country to another.

  Depending on the transaction circumstances, you may require a brokering permit prior to engaging in any of the following activities:

  • Viewing in detail, testing or sampling potential equipment by potential customers;
  • Offering quotes about prices for goods;
  • Bidding for a contract related to the movement of goods from one foreign country to another;
  • Signing a non-disclosure agreement.

  The Export Controls Handbook will be updated to provide further guidance on who should apply for a brokering permit, and when and how to apply. In addition, Notices to Brokers will also be published.

  We encourage you to contact the Export Control Policy Division (expctrlpol@international.gc.ca) to clarify whether a specific activity constitutes brokering.

• How does brokering relate to specific scenarios, such as trade shows, requests for proposals (RFP) or providing quotes and estimates? When should I apply?

  A brokering permit should be in place prior to discussing the specific terms and conditions of a contract to move controlled items from one foreign country to another.

  Trade shows: Sharing marketing or product information for promotional purposes does not constitute brokering. Negotiating specific terms and conditions of a contract related to the movement of controlled items, however, may constitute brokering.

  RFP: A brokering permit should be in place when arranging or negotiating the specific terms and conditions of a contract, including technical details, for a transaction that results in the movement of a controlled item from one third country to another. For example, if you are part of a multinational bid team and your role is to understand the prospective buyer’s requirements and to confirm that the product can perform the stated function, this is not arranging or negotiating the movement of items. However, if you are involved in the negotiation of technical parameters for the contract, this may be considered brokering and you should apply for a brokering permit.

  Providing a quote or estimate: Providing a draft quote could occur prior to or during contract discussions. The requirement for a brokering permit would depend on the level of detail in the quote. Please contact the Export Controls Policy Division if you require further guidance relating to your specific circumstances.

  As always, an export permit is required if you intend to provide controlled technical data or a controlled item to a foreign contact at a trade show or within an RFP.

  If you are brokering to lower-risk destinations, please consult the and check your eligibility for this process.

  If you are working for a non-Canadian employer in a foreign country, please see the as these provisions may apply.

• Is a brokering permit required before signing a non-disclosure agreement (NDA)?

  A brokering permit should be obtained before signing a non-disclosure agreement and before discussing specific contract terms and conditions.

Information requirements

• How much information about the items to be brokered is required?

  The Brokering Permit Regulations set out the information that an applicant must submit in applications for individual brokering permits.

  At the start of negotiations, if final details are not available, companies are expected to provide all information they have about the range and quantities of items they expect to broker, and to explain why final information is not yet available. Specific items, quantities and values may not be known until after initial discussions have taken place.

• Which end-users must be listed on applications for brokering permits?

  As required by the Brokering Permit Regulations, all known parties to the transaction should be indicated. This includes the end users receiving the product after the initial transaction, those receiving the new full system, and the end users throughout the lifecycle of the system, if it is transferred.

  As with export permits, brokering permits will be assessed based on all known information, including the systems into which the item will be incorporated.

  Should the new owner of a brokered item or incorporated system be Canadian, and they decide to move the items to another country, then they may be independently subject to Canada’s brokering controls.

  The laws of foreign countries related to export controls also apply.

Process

• What is the anticipated processing time for brokering permits?

  As brokering controls represent a new activity for 抖淫视频, service standards have yet to be defined. Every effort is made to process an application within a reasonable time frame taking into account the specific nature of brokering activities.

• Will there be a fast-track process for low-risk brokering transactions?

  Yes, a (GBP) would be applicable for items brokered to eligible destinations listed in the GBP. The GBP would be available to brokers who follow its requirements, terms and conditions, such as pre-notification of intent to use the general permit and report on its actual use. The GBP would be similar in function to the General Export Permit, already familiar to many exporters. Exporter reporting for the GBP would be done on an annual basis, within 30 days after the end of the calendar year.

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Exports to the United States

• Is the Government of Canada introducing a permit requirement for controlled exports to the United States?

  To increase transparency, the Government of Canada has for export to the U.S. of the full-system conventional arms listed in Article 2(1) of the ATT. This addition (called Group 9 in the ECL) would be accompanied by a new General Export Permit (), which would provide a blanket authorization for the export of these items to the U.S. while requiring the reporting of permanent exports to the U.S. Companies and individuals would not be required to apply for individual permits.

  This GEP would include the requirement to report on all permanent exports of ATT items to the U.S. Please refer to the draft for more information on reporting requirements for Group 9 items.

  Group 9 includes the following full-system conventional arms:

  • battle tanks
  • armoured combat vehicles
  • large-calibre artillery systems
  • combat aircraft
  • attack helicopters
  • warships
  • missiles and missile launchers
  • small arms and light weapons destined for police and/or military end-use.
    • small arms include revolvers and self-loading pistols, rifles and carbines, submachine guns, assault rifles, light machine guns and other small arms
    • light weapons include heavy machine guns, hand-held under-barrel and mounted grenade launchers, portable anti-tank guns, recoilless rifles, portable anti-tank missile launchers and rocket systems.

  Please note that reporting on exports of small arms and light weapons is required only for permanent export for police and/or military end-use.

  Group 9 also includes certain items that currently require individual permits for export to the U.S. This requirement will not change. An individual export permit will still be required for prohibited firearms, weapons and devices, as well as for items controlled under Export Control List categories 2-2.a. or 2-4.a.

• Why do the regulations propose listing full system ATT items under Group 9 instead of Group 8 of the Export Control List?

  The Export Control List already had a Group 8 category for the control of Chemicals for the production of illicit drugs. While Group 8 was repealed in 2006 (SOR/2006-16, s. 11), it is common legal drafting practice to avoid using numbers that have been previously used.

• Why does Group 9 include only small arms and light weapons for police and/or military end use?

  Article 13 of the ATT confirms that States Parties may use UN reporting-standards in their ATT reports. With respect to small arms and light weapons, this means “man-portable weapons made or modified to military specifications for use as lethal instruments of war.” In keeping with the UN’s reporting parameters for the United Nations Register of Conventional Arms (UNROCA), Canada reports to the UN on the exports of small arms and light weapons destined for police and/or military end use.

• Do I need to report on my exports to the United States?

  If you export an item listed in Group 9 of the ECL on a permanent basis (i.e. it will not be returned to Canada within two years):

  • You may export this item to the U.S. under GEP 47, as long as it is not a prohibited firearm, weapon or device.
  • You must report within 30 days after each six-month period ending on June 30 and December 31 of the calendar year
  • You must keep records of the export for six years.

  If you temporarily export a Group 9 item and will return it to Canada within two years:

  • You may export this item to the U.S. under GEP 47, as long as it is not a prohibited firearm, weapon or device.
  • No reporting is required for a temporary export, although you must keep records of the export for six years.
  • If circumstances change and the item will not be returned to Canada within two years of the original export, you must report on it before this time.

  If you export a non-restricted or restricted firearm controlled under ECL item 2-1, or ammunition controlled under ECL item 2-3, that is not for police or military end-use:

  • You may export this item to the U.S. under GEP 47.
  • No reporting is required for temporary or permanent exports.

  If you export a prohibited firearm, weapon or device, and/or prohibited ammunition:

  • You must apply for an individual export permit, regardless of the end-use, whether the export is temporary or permanent. You may not export under GEP 47.
  • Exporters should be mindful of the reporting requirements imposed on individual export permits.

  Exporters must abide by all U.S. import requirements and have the necessary documentation available before exporting to the U.S.

  Any exporter subject to reporting requirements must notify 抖淫视频 of their intent to use GEP-47 prior to undertaking any exports.

• How do I report on my exports to the United States covered by GEP-47?

  sets out reporting requirements for Group 9 exports to the U.S.

  Exporters must provide advance notice of intent to use the permit by providing their name, address, telephone number, email address and fax number (if applicable) to the Export Controls Operations Division (TIE.reception@international.gc.ca) before exporting in the calendar year.

  Within 30 days after each six-month period ending on June 30 and December 31 of the calendar year, exporters must report whether goods were exported under GEP 47, and provide the name and address of each consignee, along with the description, quantity and value of the goods.

  In addition, Section 6 of GEP 47 requires that records be kept for six years after any Group 9 export to the U.S., whether permanent or temporary (i.e. less than two years). These records must include date of export, name and address of consignee, and description, quantity and value of items.

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Firearms

• Will these changes affect firearm owners in Canada?

  Bill C-47 does not amend the Firearms Act or alter regulations related to firearm ownership and domestic transfers in Canada.

• How are commercial firearms exports to the U.S. affected by the new regulations?

  Both temporary and permanent exports of restricted and non-restricted firearms to the U.S. may be made under the authority of .

  GEP 47 requires reporting of all permanent exports of ATT items to the U.S.; this includes firearms only if their end use is police and/or military end use. Please refer to the  for more information on reporting requirements for Group 9 items.

  All exports of prohibited firearms to any destination, including the U.S., require individual export permits.

• Do I need to declare my firearms export at the border?

  United States

  If you export non-restricted or restricted firearms from Canada to the U.S., you do not have to stop at a CBSA office when you leave the country. However, the U.S. requires an import permit. The Bureau of Alcohol, Tobacco and Firearms (ATF) in the U.S. issues the required import permit. Applicable forms are available on the ATF website at .

  All exports of prohibited firearms to any destination, including the U.S., must be authorized in advance with an individual export permit.

  Other Destinations

  To export any class of firearm to countries other than the U.S., you need an export permit. Before exporting these goods, check with customs officials in the destination country.

  You must also advise the Canadian Firearms Program of any permanent export of a restricted or prohibited firearm from Canada. This enables updating of the Canadian Firearms Registry.

  For more information, please see the Canada Border Services Agency web page on , as well as the .

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Next steps

• What are the next steps now that the consultation has ended?

  Public consultations informed the regulatory package that the Government of Canada proposes in relation to Bill C-47 and Canada’s accession to the ATT. This package, which includes regulations to develop brokering controls, is open for public comment for 30 days from March 16 to April 15, 2019, with an aim to publish the final package by mid-2019.

  Following the coming into force of Bill C-47 and the corresponding regulations, Canada will present its instrument of accession at the United Nations. Accession to the ATT will take place 90 days after Canada presents its instrument of accession, expected in late 2019.

  抖淫视频 encourages stakeholders to contact the Export Controls Policy Division (expctrlpol@international.gc.ca) at any time to discuss specific issues or questions.

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The export permit process

• Is my particular item controlled on the Export Control List?

  Export controls officials cannot provide on-the-spot technical assessments. To determine the control status of a particular item, exporters should either self-assess using the Index of the Guide to Canada’s Export Control List, or apply for an export permit. It is the exporter’s responsibility to obtain necessary permits before exporting controlled items.

• Will there be additional training and/or support for companies once the regulations are introduced?

  As part of Canada’s accession to the ATT, the Government of Canada established a unit to lead stakeholder engagement on export-control issues. Increased outreach and engagement with companies, associations, civil society and academics is planned.

  抖淫视频 encourages stakeholders to contact the Export Control Policy Division (expctrlpol@international.gc.ca) to discuss specific issues.

• Will these changes adversely affect small businesses?

  Some small businesses may be affected by Canada’s proposed brokering controls. Regarding the changes in reporting to the U.S., these apply only to full-system conventional weapons. Small businesses do not typically export these items, with the notable exception of small arms. The Government of Canada proposes a

  The Government of Canada will implement the following measures to support small businesses in their compliance efforts:

  • A telephone help-line and dedicated brokering policy officer will provide guidance on permit applications and processes;
  • Updated information resources (such as the Export Controls Handbook);
  • Outreach to inform small businesses about the new brokering controls
  • No fees for brokering permits
• Will the Export Controls On-Line (EXCOL) system be replaced?

  We are beginning a process to make ongoing incremental improvements to EXCOL to make it more stable and user-friendly. Wholesale replacement is not planned at this time.

• Can the Government of Canada publish a list of higher- and lower-risk destinations for controlled items?

  The Government of Canada maintains an expedited permitting process for low-risk destinations, as well as trusted partners who are members of the major multilateral export-control regimes (e.g. Wassenaar Arrangement, Missile Technology Control Regime, Nuclear Suppliers Group, and Australia Group). Countries listed in General Export Permit No. 47 and General Brokering Permit No. 1 are eligible for this expedited process.

  In addition, certain export prohibitions have been implemented under the authority of the Export and Import Permits Act, specifically in the . The Parliament of Canada enacted legislation authorizing the imposition of trade and economic sanctions through the United Nations Act and the Special Economic Measures Act. The Minister of Foreign Affairs is responsible for the administration of these laws. Exporters are advised to be aware of all applicable sanctions if they export to, or conduct business in or with, any of the countries listed.

  The latest information on Canada’s economic sanctions is posted at: Canadian economic sanctions

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Compliance

• What is the penalty for non-compliance with the Export and Import Permits Act and associated regulations?

  of the Export and Import Permits Act outlines penalties associated with non-compliance with Canada’s export and brokering controls. The maximum fine for a summary-conviction offence under the Act has been increased to $250,000 from $25,000. A summary conviction can also result in imprisonment for up to 12 months, or to both a fine and imprisonment. Those convicted of an indictable offence remain liable to a fine in an amount that is at the discretion of the court, to imprisonment for a term not exceeding ten years, or to both.

  The Canada Border Services Agency (CBSA) and the Royal Canadian Mounted Police (RCMP) share responsibility for the enforcement of Canada’s export controls. The RCMP will be responsible for the enforcement of Canada’s brokering controls.

• Does the CBSA have the right to detain an export and ask to see end-user certificates?

  Yes. Please consult CBSA’s page for further information on CBSA’s role.

• What can an exporter or broker do if the exporter or broker has reason to believe an item will be used for an end-use other than that which is stated in the end-use statement? What if such information is found after the transaction has taken place?

  It is suggested that exporters and brokers conduct post-shipment verification as part of their due diligence. 

  If an exporter or broker receives information after the transaction suggesting that the originally stated end-use has not been respected, the applicant should report it to 抖淫视频 for further investigation.

  If a controlled item is shipped from Canada to another country, it is an export and as such requires an export permit. Complete information on all known consignees and end-uses must be provided when applying for an export permit.

• What should an exporter or broker do if the exporter or broker thinks they may not be in compliance with the Export and Import Permits Act or the conditions of any permit?

  Companies finding themselves in non-compliance of the EIPA or the conditions of their permit should disclose any incidents of non-compliance to the Export Controls Operations Division (TIE.reception@international.gc.ca) as soon as possible (see section G.7 of the Export Controls Handbook).

  The Export Controls Operation Division recognizes that, on occasion, responsible exporters inadvertently fail to comply with the EIPA. Voluntary disclosures are looked upon favourably if, after considering the information provided, the Division is satisfied that the exporter has fully cooperated and that no further action is warranted. 

  Depending on the gravity or overall circumstances of a case, the Division may refer it to the CBSA or the RCMP for further review.

• Would an individual be subject to monetary or criminal penalties if they volunteer information about non-compliance? Are there any penalties associated with voluntary disclosures?

  The Government of Canada will work with companies that act in good faith and signal any concerns as soon as possible through voluntary disclosures to the Export Controls Operations Division (TIE.reception@international.gc.ca). This allows for close cooperation to mitigate any potentially negative effects.

  The Export Controls Operation Division recognizes that, on occasion, responsible exporters inadvertently fail to comply with the EIPA. Voluntary disclosures are looked upon favourably if, after considering the information provided, the Division is satisfied that the exporter has fully cooperated and that no further action is warranted. 

  Depending on the gravity or overall circumstances of a case, the Division may refer it to the CBSA or the RCMP for further review.

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