Revenue Canada
Customs and Excise
Ottawa, August 1, 1987
Canadian Wheat Board Act and Regulations
Memorandum R19-3-1
Import, Export or In Transit Shipments
- The appropriate copies of the required licence must be presented
to Customs prior to release of the shipment for import, in transit
movement and storage or export (reference Appendices C, D, and E of
Memorandum D19-3-1). It is not acceptable to merely quote the
licence number on the Customs accounting document or B13 Export Declaration.
The only exceptions to the foregoing are for those shipments covered
by a Special Blanket Import Licence (i.e. SPL IMP13, 1000, 2000,
3000 or 4000), a General or Special Blanket Export Licence (i.e. SPL
CWB 1050 or 1541, SPL SMP 100 or 200), or under the unspecified
quantity export license outlined in paragraph 9 of this Memorandum.
- The Canadian Wheat Board will not issue authorization for export
shipments of goods subject to the provisions of the Canadian Wheat
Board Act and Regulations to be exported under the summary reporting
of exports program (see Memorandum D20-1-2, Summary Reporting of
Exports). In this regard, Customs Inspectors are to ensure
that the export documentation procedures outlined in Memorandum
D19-3-2 (paragraphs 25 to 28, and Appendices C, D and E) are
followed.
Licence Expiry Date
- Particular attention is to be given to the expiry date noted on
the import or export licence. If the import or export licence
presented for the shipment has expired, the goods are to be detained
as directed in paragraph 31 of Memorandum D19-3-1 (imports/in
transit shipments) or paragraphs 4 to
6 of this Memorandum. The only exceptions to the foregoing are
those licences outlined in paragraph 9 of this Memorandum.
Detention -- Exports
- There are no seizure or disposal provisions under the Canadian
Wheat Board Act and Regulations. At the present time, the
Customs Act also does not provide authority for the disposal of
export goods that have been detained under section 101 of the
Act. Until such time as a detention and disposal agreement has
been formalized with the Canadian Wheat Board, Customs is only to
detain non-compliant export shipments if the goods are the subject
of an alert issued through Customs Headquarters and the alert
specifically directs that the goods are to be detained.
- In all other cases of non-compliant exports, in lieu of detaining
the shipment the Customs Inspector is to advise the exporter/owner
or their agent that exportation of the goods would be in
contravention of the Canadian Wheat Board Act and Regulations, and request
that the shipment be returned to Canada. Where the
exporter/owner or their agent complies and terminates the export
move, the Canadian Wheat Board should still be contacted by
telephone as soon as possible at the number outlined in paragraph 36
of Memorandum D19-3-1 and provided with particulars of the shipment.
- In those cases where the exporter/owner or their agent refuses to
terminate the export move, the Customs Inspector is to take a sample
of approximately 1 kg (2.2 lbs.). The sample is to be
forwarded to the Board at the address outlined in paragraph 26 of
Memorandum D19-3-1, together with a copy of the licence and/or form
B 13 presented with the shipment (where applicable) or full
particulars of the shipment. The shipment may be released
after the sample has been taken.
Telephone Authorization for Release of Detained Goods
- Under no circumstances are telephone authorizations to be accepted
for the release of detained imports. In all cases, the procedures
outlined in paragraphs 32 and 33 of Memorandum D19-3-1 are to be
adhered to.
- In those cases where Customs Headquarters has issued an alerted
the alert has directed that non-compliant export shipments are to be
detained, the Canadian Wheat Board may telephone Customs with
authorization to release the detained goods and the following
procedures will apply:
- The telephone authorization will be from the Canadian Wheat
Board directly to the Customs office concerned, and will be
confirmed by telex or telegram. Under no circumstances
will such authorizations be accepted by Customs when they are
transmitted through an exporter/owner or agent.
- The Customs Inspector is to obtain the name, position title,
telephone number and Canadian Wheat Board office of the person
authorizing release of the shipment. This information is
to be noted on the Customs office copy of the form B 15 and on
the Customs and Canadian Wheat Board copies of the export
licence (copies 4 and 5) where applicable. These documents
are to be placed in a pending file until the confirming telex or
telegram is received.
- If the person issuing the telephone authorization refuses to
provide the information outlined in paragraph 8(b) of this
Memorandum, the telephone authorization is to be rejected and
the Customs Inspector is to report the matter immediately by
telephone to the Cargo and Release Division at Headquarters in
Ottawa.
- When the confirming telex or telegram is received, a copy is
to be attached to the Canadian Wheat Board copy of the export
licence, and the licence is to be forwarded immediately to the
Board at the address outlined in paragraph 26 of Memorandum
D19-3-1. The original copy of the telex or telegram is to
be filed with the Customs office copy of the licence and/or form
B 13.
- If the confirming telex or telegram is not received within
seven days of the telephone authorization being issued, the
matter is to be referred immediately by telephone to the Cargo
and release Division at Headquarters in Ottawa.
Exports of Western Milling Wheat Flour
- The following unspecified quantity export licences authorize the
export by named exporters of Western Milling Wheat Flour to all
destinations other than the U.S.A.:
- SPI. WWF 5000 - Maple Leaf Mills Ltd.
- SPI. WWF 5010 - Ogilvie Mills Ltd.
- SPI. WWF 5030 - Robin Hood Multifoods
- SPI. WWF 5040 - Cullen Milling Ltd.
- SPI. WWF 5050 - Dover Mills Ltd.
- SPI. WWF 5060 - New Life Mills Ltd.
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