Memorandum D19-4-1: Export and import of cultural property

Permanent or temporary exportation

8. A permit to export cultural property may be issued by a designated permit issuing officer to authorize either the permanent or temporary export of an object. Cultural property exported under a temporary permit must be returned to Canada within five years from the date the permit was issued; all other cultural property exports require a permanent export permit.

9. In either case, the property must be accompanied by a valid permit to export cultural property and the permit must be presented to a CBSA office at the place of export.

10. Upon presentation, the permit will be reviewed by the CBSA to:

• ensure that the permit has been completed and authorized by a designated permit issuing officer in the allocated space
• ensure that the permit is in effect (that is, the effective and expiry dates have been completed on the permit by the permit issuing officer)
• validate (date stamp and sign) the form
• forward the validated permit to Canadian Heritage

11. If required, amendments to temporary or permanent cultural property export permits must be requested from the Department of Canadian Heritage prior to exportation.

Importation after temporary exportation

12. Upon importation after temporary export of an object subject to this legislation, the permit holder is responsible for notifying the Department of Canadian Heritage that the object has returned to Canada using a "Notice of Return" form available through Forms: Cultural property export permits.

13. Should the CBSA be presented, at the point of entry, with a Notice of Return, CBSA will review to:

• validate (date stamp and sign) the form
• return the form to the importer/owner; the importer/owner is responsible for forwarding the completed form to the Department of Canadian Heritage

Cultural property general permit declaration

14. A general permit may be issued to any resident of Canada who regularly exports a particular type of cultural property that falls under the Control List. General permits are issued by the Minister of Canadian Culture and Identity and may be valid for a period of up to five years.

15. When exporting controlled cultural property under a general permit, a completed Cultural Property Export Permit Declaration must be provided to and validated by the CBSA border services officer (BSO) at the port of exit prior to export. The BSO at the port of exit will stamp the declaration and forward it to the Department of Canadian Heritage.

Non-compliance

20. In the event an exporter of cultural property presents an invalid or incomplete export permit, the border services officer should immediately seek advice from the Department of Canadian Heritage.

21. Should an exporter/importer fail to present a valid permit at the time of export or adequate documentation at the time of import for an object which a BSO has reason to believe is subject to the Cultural Property Export and Import Act, the shipment may be detained by the CBSA. A detailed description of the goods, the name and address of the exporter/importer, and relevant documentation is sent to the Department of Canadian Heritage for assistance in a compliance assessment under the Act. The detaining BSO will receive a decision regarding the status of the shipment from the Department of Canadian Heritage. If it is advised that the importer provide proof of the legal export from a foreign state, the importer should have the appropriate documentation readily available to the BSO for review.

22. The exporter/importer, whether it be a dealer, collector, institution, or the public at large, is responsible for to obtaining the information required and compliance with the procedure for the import and/or export of objects which may be considered cultural property. Questions regarding objects subject to export/import controls should be directed to the Department of Canadian Heritage.

Appeals

23. Decisions to refuse the permanent export of an object included on the Control List may be subject to a request for a review by the applicant to the Canadian Cultural Property Export Review Board. Questions concerning the review procedure should be directed to the Department of Canadian Heritage.

Detention

24. Cultural property subject to the Act and its regulations may be detained by the CBSA on behalf of the Department of Canadian Heritage under the Customs Act (Section 101).

25. Detention periods for cultural property will vary since each import must be assessed on a case-by-case basis. If the cultural property is not subject to import controls, detention periods will generally be less than 30 days. Detention periods for cultural property illegally imported into Canada may be lengthy, pending a decision by the Courts. To avoid import delays, importers should ensure that the cultural property they are trying to import into Canada has all the necessary documents, such as the export permit issued by the foreign state.

26. In some circumstances special arrangements are required to care for the cultural property during the detention period.

Penalty information

27. Any person who contravenes the provisions contained in the Act is guilty of an offence, and is liable:

• on summary conviction – to a fine not exceeding $5,000, and/or to imprisonment for a term not exceeding twelve months
• on conviction upon indictment – to a fine not exceeding $25,000, and/or to imprisonment for a term not exceeding five years

28. Exporters may be subject to CBSA's Administrative Monetary Penalty System (AMPS). For example an administrative monetary penalty may be applied where an exporter fails to provide an export permit when required or the information on the permit is not accurate or complete.