Export of Substances on the Export Control List Regulations guidance document: chapter 2

2. Overview of the regulatory obligations

Figure 1. Export of Substances on the Export Control List Regulations

Figure 1: Export of substances on the Export Control List Regulations
Long description for figure 1

This figure is a flowchart which provides an overview of the Export of Substances on the Export Control List Regulations. It is divided into three parts. The first qualifies the export and indicates the need to provide a prior notification at least 30 days in advance of the export. The second gives a description of how to satisfy section 6 of the regulations which implements the conditions relative to the Stockholm Convention, exports are prohibited if they would contravene the Stockholm Convention. The third gives a description of sections 7 through 22 of the regulations which implement the conditions relative to the Rotterdam Convention, exports can be prohibited under these sections through denial of a permit if the export would contravene the Rotterdam Convention.

Part 1 - section 5 of the regulations requires compliance with CEPA 1999Footnote 1

If this is for the export of a substance listed on the Export Control List (ECL) or export of a product containing one or more substances listed on the ECL then a notification of exportFootnote 5 (ss5(1))Footnote 6 applies

Is the substance on Part 1 of the ECL?

Yes - then it can be exported for destruction

No - then the Stockholm ConventionFootnote 2 considerations apply

Part 2 - section 6 of the regulations requires compliance with the Stockholm ConventionFootnote 2 (see flowchart 1 of this guidance document for detailed review of section 6 of the regulations)

Is the substance on Annex A or B of the Stockholm ConventionFootnote 2 and on part 2 or 3 of the ECL?

Yes - Do one or more of the provisions in ss6(1), ss6(2), or ss6(3)Footnote 3 apply?

Yes - then the Rotterdam ConventionFootnote 4 considerations apply

No - Export is prohibited

No - then the Rotterdam ConventionFootnote 4 considerations apply

Part 3 - sections 7 to 22 of the regulations requires compliance with the Rotterdam ConventionFootnote 4 (see flowchart 2 of this guidance document for detailed review of sections 7 to 22 of the regulations)

Is the importer a party to the Rotterdam Convention? (ss7(1))

Yes - Is the export exempt? (ss7(2), s9)

Yes- No permit required

No - Under what part of the ECL is the substance listed?

ECL Part 1

Permit required. Permit granted subject to s16. If it is a PIC  substanceFootnote 9 the export must meet PICFootnote 8. Export must be for destruction.

No - No permit required

 


ELC Part 2Footnote 7 or ECL Part 3


Is the substance listed in Annex III of the Rotterdam Convention?

Yes - Is the substance exported for the use category identified in the Rotterdam Convention?

Yes - Permit required. Permit granted if PICFootnote 8 is met subject to s16.

No - No permit required, but s20 through s22 apply.

No - Permit required. Permit granted subject to s16Footnote 10

This flowchart has been developed for exporters of substances listed on teh Export Control List. It is intended to be complementary to the regulations. In case of a discrepancy between this document and the regulations, the regulations shall prevail.

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