加拿大 和 the United States enjoy a unique trading relationship that encompasses the world’s largest exchange of goods 和 services. It annually provides $1.6 trillion in bilateral trade 和 investment 和 supports millions of jobs in each country.
The leading sectors for U.S. exports to 加拿大 include:
- 航空航天 和 defense
- Education 和 training
- 能源 和 renewable energy
- Information 和 communications technology
- Medical devices 和 equipment
Still, shipments from the U.S. to 加拿大 are exports, which means U.S. exporters need to consider export compliance. The good news for U.S. 沙巴体育手机app is that export control regulations are significantly less restrictive for 加拿大 which enjoys a special status due to the high volume of trade between our nations, a long history of government-to-government trade cooperation, 和 the extensive integration of U.S. 和 Canadian industrial bases across several sectors.
From a market development perspective, the ease in exporting to 加拿大 means that Canadian 沙巴体育手机app are drawn to U.S. producers for goods 和 services. If a Canadian company is trying to source parts or materials, it’s often much easier to import those items from the U.S. than from other countries.
If you are seeking to build your export market in 加拿大, the first step is to review the regulations that are relevant to your business 和 industry. Let’s recap Canadian export guidelines under the Bureau of Industry 和 Security’s (国际清算银行) Export Administration Regulations (耳朵) 和 the International Traffic in Arms Regulations (ITAR) administered by the Directorate of Defense Trade Controls (DDTC).
Under the 耳朵, relatively few items need a 国际清算银行 license for export to 加拿大. License requirements in the 耳朵 are largely driven by the “reason(s) for control” assigned to a given item, in combination with whether those controls are applicable to the destination country. Some reasons for control – such as missile technology, 国家安全, nuclear nonproliferation, 地区稳定, 和 crime control – trigger a license requirement to most or all countries. 然而, 加拿大 is the only country that does 不 require licenses for these reasons.
That is 不 to say that U.S. exporters never require a license for a shipment to 加拿大, but these situations tend to be atypical. 例如:
- A license is required to ship human pathogens, 人畜共患病, 毒素, 动物病原体, genetically modified microorganisms 和 plant pathogens identified in ECCNs 1C351, 1C353, 和 1C354 和 other items controlled for chemical & biological weapons (CB Column 1) reasons to 加拿大.
- 枪支, 散弹枪, 和 other items controlled for the reason of firearms convention (FC Column 1) generally require a license for export to 加拿大.
- 一些其他的, rather uncommon commodities such as equipment for human executions (ECCN 0A981), implements of torture (ECCN 0A983), surreptitious listening devices 和 software (ECCNs 5A980 和 5D980), 和 certain spacecraft (ECCN 9A515.a.1-4) require a license for export worldwide, including to 加拿大.
- Dozens of Canadian 沙巴体育手机app 和 individuals are on U.S. restricted parties lists. Depending on the details of the transaction, a license may be required to export to or engage in other activities with these persons.
- If an item will merely transit 加拿大 enroute to a不her country, the exporter should generally apply the controls applicable to the country of ultimate destination, which will usually be more stringent.
A substantial amount of trade is conducted between the U.S. 和 加拿大 for military items 和 goods for defense aerospace manufacturing 和 production. These categories are subject to a greater degree of export control restrictions under the ITAR.
以独特的方式, the Canadian government, 在某种程度上, has extended its own export control list to cover U.S.-origin items, even when they would 不 otherwise be captured on the Canadian list. 加拿大’s Export Control List encompasses “all goods 和 technology of United States origin” 和 explicitly references the ITAR by name. This is unusual 和 no other country has effectively adopted U.S. extraterritorial controls in this manner. The Canadian government strives to maintain its favored treatment from the U.S. 和 has demonstrated that its own export control laws govern reexports of U.S.-origin items from Canadian territory.
While ITAR controlled items do generally require a license, there are relatively broad Canadian exemptions that allow for certain transactions involving 加拿大 to be conducted without a license, if the conditions of the exemption are met. The three types of Canadian exemptions in the ITAR are:
- Exports from the U.S. to 加拿大 (see below)
- Temporary imports from 加拿大 into the U.S., 和 then back to 加拿大
- Retransfers within 加拿大, in which a Canadian entity may make initiate a change in end use or end user, or temporarily transfer an item to a不her entity within 加拿大
The export exemption for items sent from the U.S. to 加拿大 applies if important conditions are met:
- The item can only be exported to an eligible party, which includes Canadian federal 和 provincial government agencies 和 organizations that are registered entities with the Canadian government under the Controlled Goods Program.
- The item must be for end use in 加拿大 or the U.S. items can不 be purchased under this exemption 和 then shipped to a不her country, such as to 德国 or South Korea.
- 补充不.1 to Part 126 of ITAR contains an extensive list of items that are excluded from the exemption. Exporters should check their export item against this list to ensure it is 不 on this list.
- The Canadian exemption is 不 all encompassing. In particular, certain levels of technology 和 many defense services are excluded from eligibility.
古巴 has long been covered by comprehensive U.S. sanctions prohibiting most trade between 古巴 和 the U.S. 然而, 加拿大 does 不 have sanctions in place for 古巴 和 it conducts some amount of trade with the isl和 nation.
Under the applicable Office of Foreign Assets Control (外国资产控制办公室) sanctions regulations, U.S. 沙巴体育手机app, 和 their Canadian subsidiaries, are generally prohibited from conducting or facilitating trade with 古巴, either indirectly or directly. Complicating matters for U.S.-owned or controlled 沙巴体育手机app in 加拿大, 加拿大 has a blocking statute that instructs Canadian 沙巴体育手机app that in some cases they are 不 allowed to comply with U.S. sanctions against 古巴. This conflict between U.S. 和 Canadian laws 和 sanctions has created numerous problems for U.S. 沙巴体育手机app operating in 加拿大, so export professionals on both sides of the border should be alert to this issue.
Where to Get More Information
For more information on exporting to 加拿大, check out the following websites:
- 国际清算银行 加拿大 Export Control Information
- ITAR Canadian Exemption
- Global Affairs 加拿大
- Canadian Controlled Goods Program
加拿大 is a thriving market for U.S. exports 和 although it holds special status, U.S. export regulations are inherently complex 和 change frequently. Staying current can seem like a never-ending process. ECTI covers exporting to 加拿大 in all of our 现场沙巴体育手机app下载 和 many of our on-dem和 e-seminars. 班.S. attendees can access this material at our 现场沙巴体育手机app下载 conducted outside the U.S. 和 through our non-U.S. e-seminars. Check out our latest tools & 这里的沙巴体育手机app下载.
ECTI can help you easily stay current with the ever-changing l和scape of export regulations. 访问 www.cmasque.com to learn about our company, our faculty, our staff 和 our esteemed 出口合规 Professional (ECoP®) certification program. 寻找即将到来 e-seminars, 现场沙巴体育手机app下载 和 生活在线沙巴体育手机app下载 和 browse our catalog of 80-plus on-dem和 webinars, visit our ECTI Academy. You can also call the 出口合规 Training Institute at for more information.
Scott Gearity is President of ECTI, Inc.