Customs Diplomatic Privileges Regulations

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/C.R.C.,_c._522/FullText.html

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Customs Diplomatic Privileges Regulations

C.R.C., c. 522CUSTOMS TARIFF
Regulations Respecting Customs Diplomatic PrivilegesShort Title

1 These Regulations may be cited as the Customs Diplomatic Privileges Regulations.

Interpretation

2 In these Regulations,

chief officer of customs
chief officer of customs, with respect to an area or place, means the manager of the customs office or customs offices that serve that area or place; (agent en chef des douanes)
collector
collector[Revoked, SOR/88-86, s. 1]
duty
duty or duties[Revoked, SOR/88-86, s. 1]
Deputy Minister
Deputy Minister means the Deputy Minister of National Revenue for Customs and Excise; (sous-ministre)
of career
of career means that persons so designated are nationals or citizens of the country they represent, and are not engaged in any business or profession other than their diplomatic or consular duties; (de carrière)
tax
tax or taxes[Revoked, SOR/88-86, s. 1]

SOR/88-86, s. 1.

Baggage Examination

3 [Revoked, SOR/88-86, s. 2]

Importation at Free Rates of Customs Duties

4 Subject to sections 5 and 6, the privilege of importation at free rates of customs duties of articles for their personal or family use is extended to

(a) ambassadors, ministers, high commissioners and consuls general of career representing their countries in Canada;
(b) members of the diplomatic corps and staffs of high commissioners’ offices eligible for inclusion in the diplomatic list published by the Department of External Affairs;
(c) consuls of career;
(d) vice consuls of career;
(e) trade commissioners of career; and
(f) assistant trade commissioners of career.

SOR/88-86, s. 3.

5 Application for the importation at free rates of customs duties of goods, other than motor vehicles, shall be made in writing to the chief officer of customs, a separate application being made for each importation.
SOR/88-86, s. 4.

6 (1) Application for importation at free rates of customs duties of motor vehicles imported subsequent to first arrival in Canada, shall be made in the form set out in the schedule, and be forwarded by the applicant to the Deputy Minister.
(2) On approval of the application and receipt of the Free Rate of Customs Duties Importation Authorization in duplicate, the applicant shall present the Authorization, in duplicate, to the chief officer of customs at the customs office where the motor vehicles were reported. S0R/88-86, s. 5.

7 (1) Applications by persons specified in paragraph 4(b) shall be approved by, or in the name of, the appropriate ambassador, minister or high commissioner.

(2) Applications by persons specified in paragraphs 4(c) to (f) shall be signed as follows:

(a) when made by consuls of career, by the appropriate consul general or by the consul in charge in offices where there is no consul general;
(b) when made by vice consuls of career, by the appropriate consul general or consul in charge in offices where there is no consul general, or by the vice consul in charge where there is no consul;
(c) when made by trade commissioners of career, by the senior trade commissioner or by the trade commissioner in charge in offices where there is no senior trade commissioner; and
(d) when made by assistant trade commissioners of career, by the trade commissioner in charge of the office or by the assistant trade commissioner in charge in offices where there is no trade commissioner.

Importation at Free Rates of Customs Duties on First Arrival Only

8 The privilege of importation at free rates of customs duties of personal and household effects, including motor vehicles, but not including spirituous liquors, is extended on their first arrival to representatives of foreign governments sent by their governments to posts in Canada, and their families.
SOR/88-86, s. 6.

Resale

9 (1) Subject to subsection (2), goods that have been imported at free rates of customs duties under these Regulations may be sold or disposed of in Canada without payment of customs duties where the goods have been in the use and possession of the importer in Canada for a period of at least one year.
(2) Motor vehicles that have been imported at free rates of customs duties under these Regulations may be sold or disposed of in Canada without payment of customs duties where the motor vehicles have been in the use and possession of the importer in Canada for a period of at least two years.
(3) In the event of the decease or transfer away from Canada of a person referred to in section 4 before the expiration of the two-year period mentioned in subsection (2), waiver of payment of customs duties may be authorized by the Minister on the recommendation of the Secretary of State for External Affairs.

SOR/88-86, s. 7.

Articles for Official Use

10 Uniforms, office equipment, stationery and similar supplies sent by the government of any foreign country for the official use of any of its officers in Canada shall be imported at free rates of customs duties.
SOR/88-86, s. 7.

11. and 12 [Revoked, SOR/88-86, s. 7]

SCHEDULE(Section 6)Application for Free Rates of Customs Duties on Imported Motor Vehicles

Place
Date

1. To: the Deputy Minister, National Revenue (Customs and Excise)

I, ,
(full name)

having been officially notified to the Department of External Affairs, Ottawa, as

,

(official designation)
(located at)

I apply for importation at free rates of customs duties of the motor vehicle described below, in accordance with the Customs Diplomatic Privileges Regulations. I declare that I have purchased the following motor vehicle:
DESCRIPTION

2
Year
Make
Country of Manufacture
Model
Serial No.
Purchase Price

3. Name of Sales Agency
Address
4. The above described motor vehicle is being acquired for my personal, family and official use and not for sale, and I am aware that it may not be sold or otherwise disposed of in Canada within a period of two years after the date of its acquisition, except on payment of customs duties as applicable on the appraised value at the time of sale. If for any reason it becomes necessary to sell or dispose of this vehicle within two years after the date of acquisition, I undertake to give advance notification in writing to the Department of National Revenue, Customs and Excise, Planning and Administration Division, Excise Branch, Ottawa, K1A 0L5, and to pay the said customs duties as required.
Signature of Applicant
Official Designation
Street Address

Note: 
If the applicant is other than the Head of the Mission, this application should also be signed by the Head of Mission as indicating approval.

Signature of Head of Mission
Official Designation
SEAL

Note: 
Three completed copies of this application with customer’s order or sales invoice attached shall be delivered to the local Customs and Excise Office for approval and processing.

SOR/88-86, s. 8.