Foreign Scientific or Exploratory Expeditions in Canada
Memorandum D2-1-2

Ottawa, March 20, 2017

ISSN 2369-2391

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In Brief

This memorandum outlines the Canada Border Services Agency's (CBSA) policy and procedures for foreign scientific or exploratory expeditions, including Marine Scientific Research (MSR). This information applies to the temporary entry of all foreign scientific or exploratory expedition team members, accompanying foreign crew members, vessels, aircraft, vehicles, animals, equipment, personal goods and tools, associated with the expedition taking place in Canada.

1. This memorandum has been expanded to include the guidelines and procedures related to the entry of persons and goods for foreign scientific or exploratory expeditions taking place throughout Canada.

2. The guidelines and procedures to follow when foreign expeditions enter Canada at northern remote locations have been added to this memorandum.

3. The guidelines and procedures regarding Canada Border Services Agency (CBSA) processing of research vessels and aircraft have been added to this memorandum.

4. The CBSA contact information for foreign scientific or exploratory expeditions has been added to this memorandum.

5. The issuing office information in the References section has been updated.

Legislation

Guidelines and General Information

Definitions

1. For the purposes of this memorandum, the following definitions apply:

Canadian waters
as defined by subsection 2 (1), of the Coasting Trade Act, means the inland waters within the meaning of section 2 of the Customs Act, the internal waters of Canada and the territorial sea of Canada.
Continental Shelf
comprises the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural extension of its land territory to the outer edge of the continental margin or to a distance of 200 nautical miles from the baselines, whichever distance is greater.
Corporate aircraft
as defined by the Presentation of Persons (2003) Regulations, means an aircraft that is used for purposes related to the business affairs of a person that does not carry passengers who have paid for passage and that has aboard on its arrival in Canada no more than 15 persons, including the crew.
Contiguous Zone
as defined by the Department of Fisheries and Oceans, and Coast Guard Canada, is an area of the sea adjacent to and beyond the territorial sea. Its outer limit measures 24 nautical miles from the normal baseline. The contiguous zone is located within the first 12 nautical miles of the exclusive economic zone. This band of sea is a buffer zone where the coastal state may exercise control to prevent infringement of its customs, fiscal, immigration or sanitary laws and regulations within its territory or territorial sea. The coastal state may also punish such infringements.
Exclusive Economic Zone
(EEZ) is an area of the sea adjacent to and beyond the territorial sea, extending out to 200 nautical miles from the baselines.
Internal Waters
as defined by the Department of Fisheries and Oceans, and Coast Guard Canada, consists of all waters on the landward side of the baselines established to determine Canada's territorial sea, or those areas over which Canada has historic or other title of sovereignty. Generally, all lakes, rivers and harbors are internal waters, including some, but not all, bays. Internal waters are generally treated the same way as land territory, that is, the coastal state has full sovereignty over them. There are a few minor exceptions described in the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
Marine scientific research
(MSR) means activities undertaken in the marine environment to enhance scientific knowledge regarding the nature and natural processes of the seas and oceans, the seabed and subsoil.
Scientific equipment
means instruments, apparatus, photographic equipment, machines or their accessories, used for the purposes of conducting experiments or gathering information during scientific or exploratory expeditions.
Scientific or exploratory expedition
means an expedition conducted or sponsored by a scientific or cultural organization, an institution of learning or a foreign government.
Territorial sea
as defined by the UNCLOS, is a belt of coastal waters extending at most twelve nautical miles from the baseline (usually the mean low-water mark) of a coastal state.
Tools
as defined by the Scientific or Exploratory Expeditions Remission Order, means tools specially designed for the maintenance, checking, gauging or repair of scientific equipment.

Pre-arrival Information

2. Foreign scientific or exploratory expeditions may be sponsored by:

(a) Foreign governments

(b) Foreign non-government (i.e. scientific or cultural organizations or institutions of learning)

3. Foreign scientific or exploratory expeditions can be conducted on Canadian soil, in Canadian air space, in Canadian waters, or in any combination of these areas.

4. For information regarding visitors to Canada, consult Visitors to Canada. For information regarding temporary importations, consult the Memorandum D8-1-1, Amendments to Temporary Importation (Tariff Item No. 9993.00.00) Regulations.

Foreign Marine Scientific Research (MSR)

5. In 2003, Canada ratified the UNCLOS. In accordance with the UNCLOS, foreign governments or institutions wishing to conduct MSR in the territorial sea, in the Exclusive Economic Zone (EEZ), and on the continental shelf (in some cases extending beyond 200 nautical miles), of another country must obtain advance consent from that country through proper official channels. Global Affairs Canada (GAC) administers the MSR authorization process for the Government of Canada (GC).

6. Foreign governments conducting MSR, any portion of which, within the Canadian territorial sea are subject to the reporting requirements set out in the Immigration and Refugee Protection Act (IRPA) and the Customs Act and must report to the CBSA upon arrival. Foreign MSR conducted exclusively in the Canadian EEZ and on the continental shelf beyond the Canadian territorial sea are not required to report to the CBSA.

7. Any type of marine scientific research sponsored by foreign governments taking place in Canada requires advance consent from the Government of Canada and a formal request under the UNCLOS guidelines. The application should be submitted to GAC through the foreign flag state's diplomatic mission, at least forty-five days in advance of the proposed expedition.

8. When submitting an application for MSR in Canada, the United Nations standard Form A, Application for Consent to Conduct Marine Scientific Research should be used. GAC will forward the request to other affected government departments and agencies, including the CBSA, for review and evaluation. Once approved, an authorization will be issued by GAC on behalf of the Government of Canada.

Foreign Government Agencies, the International Research Community and, Foreign Educational Organizations and Institutions

9. Expedition organizers, including foreign government agencies, cultural or learning institutions and members of the international research community provide the CBSA Foreign Expeditions and Arctic Research (FEAR) office (see paragraph 61 of this memorandum) with information regarding proposed expedition activity in Canada.

Marine scientific research by foreign ships

10. When Canada is the host country for international marine scientific research, foreign ships or non-duty paid ships must provide the results of all marine scientific research conducted by that ship in waters that form part of Canada or in which Canada has sovereign rights under international law to the host country. Representatives of such planned marine scientific research must contact, through the embassy of their country in Canada, the Defence and Security Relations Division of GAC (e-mail address EXTOTTIDR@international.gc.ca) to obtain prior approval.

11. Requests for overland and inland (Great Lakes) marine forays conducted by the US Geological Survey (USGS), in partnership with or hosted by Natural Resources Canada (NRCAN), are sent to the FEAR office by way of established diplomatic correspondence for international, cooperative scientific activities in Canada. For more information contact FEAR.

Itinerant Expeditions – Arctic Explorers and research related activities

12. An itinerant expedition is a private expedition that is not organized or sponsored by a scientific or cultural organization, an institution of learning or a foreign government. These types of expeditions are privately sponsored and normally adventure-based. Foreign individuals, groups or organizations wishing to conduct such expeditions in Canada should be aware of all CBSA requirements for visitors and their goods. We suggest that they or their expedition outfitter contact the CBSA before entering Canada. Additional information on the CBSA processing of itinerant expeditions can be obtained by contacting the FEAR office.

13. Organizers of foreign non-government expeditions in Canada should inform the CBSA of their expeditions in advance to facilitate entry and to avoid unnecessary delays upon arrival at a port of entry. It is advised that foreign expeditions submit the following information to the FEAR office at least 20 business days in advance of the proposed expedition:

14. Expedition organizers are required to obtain licenses and/or certificates from other government departments (OGDs) as required prior to submitting their pre-arrival information to the CBSA. The CBSA works closely with OGDs and assists them in the administration of their legislation.  For information regarding all OGD import and export requirements, visit the CBSA website D Memoranda 19, Acts and Regulations of Other Government Departments.

15. In the case of foreign vessel activity in Canada, organizers may be required to obtain a coasting trade license. For complete information regarding the policies and procedures governing the temporary importation of vessels into Canada, consult the Memorandum D3-5-7, Temporary Importation of Vessels.

16. Provided all requirements are met, the FEAR office may issue an acknowledgement letter outlining the reporting and accounting requirements for the expeditions' participants and goods.

17. If there are any changes made to the expedition plan such as; participants, itinerary, equipment or conveyances following the initial submission of expedition information, the expedition organizer shall inform the CBSA immediately.

Military Activities

Foreign military aircraft

18. Aircraft operated by the armed forces of foreign nations are required to report to the CBSA at the time of initial landing in Canada. They are subject to all CBSA requirements when used to transport personnel, baggage, equipment, mail, or other cargo. Where only a short stopover is involved and no goods are being carried outward that require export documentation, the inward and outward reports will be made at the same time. Aircraft carrying crew members only, may report verbally; however, the CBSA may choose to examine the aircraft or the crew's baggage, please consult Memorandum D3-2-1, Air Pre-arrival and Reporting Requirements.

Foreign military marine vessels

19. Military activities undertaken by foreign governments in Canada, including military surveys, are not considered to be scientific or exploratory expeditions. Military surveys involve data collection for military purposes.

20. Foreign military vessels are not required to file a Form A6, General Declaration for inward or outward movements. The masters of these vessels are authorized to make courtesy oral reports to the CBSA.

21. Foreign military vessels, including ships of war, military transports, military supply ships, and military support vessels which are owned or controlled by the government of any country are entitled to ships' stores as per the Schedule to the Ships' Stores Regulations.

22. Where visiting forces are stationed in Canada, their goods may be imported without payment of duties and taxes under the provisions of tariff item 9827.00.00 of the Customs Tariff.

23. Countries included in the Visiting Forces Act are listed on the IRCC website. For more information, refer to foreign military personnel arriving under the Visiting Forces Act .

24. For the CBSA clearance procedures for foreign military vessels or aircraft, please consult Memorandum D3-5-1, Marine Pre-Load/Pre-Arrival and Reporting Requirements.

Reporting and Accounting Requirements

General

24. As per sections 11 and 12 of the Customs Act and section 18 of the IRPA, every person arriving in Canada shall, except under certain circumstances, present themselves and report their goods at a nearest CBSA office. All foreign expeditions shall report to the CBSA upon arrival in Canada.

25. Foreign scientific, exploratory or research pre-arrival cargo and/or conveyance are exempt from ACI reporting in the marine mode as per Memorandum D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements para 104(f) or the air mode as per Memorandum D3-2-1, Air Pre-Arrival and Reporting Requirements) paragraph 135. For pre-arrival cargo and/or conveyance exempted from ACI program, a paper A6 – General Declaration must be submitted to the local CBSA office as per Memorandum D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements paragraph 106 or Memorandum D3-2-1, Air Pre-Arrival and Reporting Requirements paragraph 156.

26. The vessel master must present:

27. The CBSA form BSF732, National Targeting Centre – Pre-arrival Notice may also be submitted to the National Targeting Centre (NTC) to assist in expedited clearance by email at: CBSA-ASFC-PANS/AA@cbsa-asfc.gc.ca.

28. To be admissible to Canada, participants of an expedition must meet the requirements of the IRPA, including possessing a valid travel document. Visitors from some countries may require Immigration, Refugees and Citizenship Canada (IRCC) issued visas and/or an electronic travel authority eTA. For information regarding travel documents and Temporary Resident Visa requirements, visit the IRCC website.

29. Expedition participants coming to Canada at a land border crossing, arriving by air on a commercial flight or at a marine port of entry, shall proceed directly to the CBSA primary inspection line, present themselves and report their goods. Expedition participants shall present a copy of the GAC authorization letter (if applicable), a copy of the FEAR acknowledgement letter (if applicable), detailed list of all goods to be imported that indicates the make, model, serial numbers (where possible), and approximate value of each item. Where required, certificates and permits issued by OGDs for the goods shall be presented along with the list.

30. The participants may be required to complete a Temporary Admission Permit, Form E29B, on temporarily imported goods and post a security deposit. For more information on how to complete a Form E29B, consult Memorandum D8-1-4, Administrative Procedures Related to Form E29B, Temporary Admission Permit. Goods that qualify for temporary importation could also be documented on a carnet. For information regarding the use of carnets, please consult Memorandum D8-1-7, Use of A.T.A. Carnets and Canada/Chinese-Taipei Carnets for the Temporary Admission of Goods.  If the expedition team includes residents of Canada and the goods in their possession where purchased in Canada the individuals would complete a BSF407 Identification of Articles for Temporary Exportation (this form is only available at a port of entry) prior to leaving Canada and present this upon their return (Canadian goods returning). If the goods being imported were purchased outside Canada and will be staying in Canada, they will be subject to the individual's personal exemption and may be subject to the Goods and Services Tax/Harmonized Sales Tax (GST/HST). If the imported goods are being used by a Canadian resident who is part of the expedition but the goods will be leaving Canada then the expedition organizer would list them on Form E29B and may be required to post a security deposit.

31. In cases where a foreign expedition has unaccompanied goods shipped to Canada prior to or following the expedition team's arrival, the foreign expedition shall inform the FEAR office in advance and follow the appropriate import procedures. Goods arriving in advance of the owner's arrival cannot be released by the CBSA and will be held in storage at a sufferance warehouse for a maximum period of 40 days, after which time they will be treated as unclaimed. Goods to follow should be accounted for when the expedition enters Canada at the first point of arrival. In cases where goods to follow will be shipped directly to a remote location in Canada, arrangements should be made with the CBSA office in advance.

32. If used to temporarily import goods, the Form E29B or the carnet will be acquitted when all the goods listed on the Form E29B or the carnet, are exported. The Border Services Officer (BSO) acquits the Form E29B by completing the appropriate fields or acquits the carnet by completing the appropriate re-exportation certificate.

Foreign Research Vessels

33. Foreign expeditions coming to Canada by research vessel shall report to the nearest CBSA office designated for the clearance of vessels. This applies even though the expedition will only be conducted in Canadian waters and does not plan any port calls. The CBSA reporting requirements are triggered for a research vessel conducting research in Canada whenever it crosses the international boundary and enters Canadian waters.

34. All persons aboard the vessel, including, but not limited to, scientists, research assistants, technicians, divers, passengers, etc. are considered to be members of the crew and must be included on the crew list. The crew list must include full names, dates of birth and travel document information. It may be computer generated, typed or printed on a form such as the International Maritime Organization crew list form.

35. Form E1 is used to document alcoholic beverages; tobacco products; food, plants, animals and related products; narcotics and prescription drugs; firearms and weapons (including explosives, fireworks and ammunition); pornography and currency and monetary instruments that are on board the vessel. Information regarding ship stores can be found in Memorandum D4-2-1, Ships' Stores.

36. All copies of the Form A6 will be date-stamped and signed by the BSO and by the vessel master. A copy of the Form A6 must be kept by the vessel master as proof of report.

37. Information on accounting and documenting temporarily imported goods can be found in paragraph 30 of this memorandum. The vessel master shall prepare the vessel and the goods for examination if requested by a BSO.

38. The vessel master must also file a Form A6 "outward report" to the CBSA at the completion of the expedition in Canada. The outward report must be presented at the nearest CBSA office. The Form E29B or the carnet, if used, will be acquitted at this time.

Foreign Research Aircraft

39. A research aircraft carrying the foreign expedition team and goods must first land at a CBSA designated Airport of Entry (AOE) during its business hours and must contact the local CBSA office at the airport in advance in order to fulfill all CBSA reporting requirements. For more information refer to Memorandum D3-2-1, Air Pre-arrival and Reporting Requirements.

40. Expedition participants shall present the authorization from GAC (if applicable) and/or a CBSA acknowledgement letter (if applicable), and a detailed list of all goods to be imported that indicates the make, model, serial numbers (where possible), and approximate value of each item. Where required, certificates and permits issued by OGDs for the goods shall be presented along with the list.

41. The pilot shall prepare the aircraft and the goods for examination if requested by the BSO.  The pilot is also required to report to the CBSA at the termination of the expedition in Canada. The Form E29B or the carnet, if used, will be acquitted at this time.

Corporate Aircraft

42. In cases where a foreign expedition is coming to Canada on corporate aircraft carrying no more than 15 people (including the crew) and there is no scientific equipment, tools or other commercial goods on board, the pilot may report to the CBSA by calling the Telephone Reporting Centre (TRC) at 1-888-226-7277 at least two hours, but no more than 48 hours, before flying into Canada. A facsimile, to set up the flight, is also acceptable within these time frames, but it does not relieve the pilot the requirements to call the TRC. The pilot shall report the following information for all persons on board, including the crew:

43. The pilot shall also:

44. For further information please refer to Telephone Reporting for CANPASS Private and Corporate Aircraft Programs.

Expeditions in the Canadian North (above the 60th parallel)

45. Prior authorization from the CBSA is always required for expeditions being undertaken in remote locations of the Canadian North (for example Ellesmere Island, Nunavut). Expedition organizers may contact the FEAR office for assistance. Required documentation can be presented and any applicable security deposits, or duty and taxes can be collected through the CBSA office responsible for that location prior to the expedition's initial entry. The verification of such passages may be conducted by local Royal Canadian Mounted Police officers or by officers of another Canadian government department on behalf of the CBSA. In all cases, expedition members will ensure reporting requirements to the CBSA are met in full.

46. All visitors are required to present authorizations obtained from any other government department and/or the FEAR acknowledgement letter to the designated officer, if applicable.

47. Vessels entering Northern Canada Vessel Traffic Services Zone are subject to the Vessel Traffic Reporting Arctic Canada Traffic Zone (NORDREG) Canada reporting requirements. For further information, please visit the Canadian Coast Guard website.

Duties and Taxes

48. All goods imported into Canada are subject to duties and taxes, including the GST/HST, unless there is a provision in legislation or regulation that waives the requirement to pay. There are a number of provisions which may provide duty and/or GST/HST relief for goods imported in conjunction with a foreign scientific or exploratory expedition in Canada.

49. Conveyances used by foreign expeditions may be eligible for duty and tax free entry under tariff item No. 9801.10.00 as long as they are exported from Canada within 30 days of the date of importation. Other temporarily imported goods may be eligible for duty-free entry under tariff item 9993.00.00. For information concerning the admissibility of goods under tariff item 9993.00.00 and the applicable documentation requirements, consult Memorandum D8-1-1, Amendments to Temporary Importation (Tariff Item No. 9993.00.00) Regulations.

50. Food, plants, animals and related products, except alcoholic beverages and tobacco products may qualify for duty-free entry under tariff item 9906.00.00. To be classified under tariff item 9906.00.00, these goods must be imported by a foreign expedition for its exclusive use while conducting field studies in Canada; all of the participants in the expedition must be non-residents of Canada; and the organizers or sponsors of the expedition must have undertaken to make available to the Government of Canada all information obtained in Canada as a result of the expedition's field studies.

51. Food, plants, animals and related products other than alcoholic beverages and tobacco products, imported on or after January 1, 1991, by a scientific or exploratory expedition for its exclusive use while conducting field studies in Canada are also non-taxable for the purposes of the GST/HST.

52. Under the Scientific or Exploratory Expeditions Remission Order, imported scientific equipment, spare parts of scientific equipment, and tools for use in scientific or exploratory expeditions, are relieved of the GST/HST if they meet the following conditions:

53. The Minister may extend the two-year period by one or more periods, not exceeding two years each, where the importer has presented evidence indicating that the extension is necessary to allow the scientific or exploratory expedition to complete its field studies in Canada. In this case the requirement to destroy or export the equipment is extended to two years after the date of the last extension.

54. A complete version of the Remission Order is available on Justice Laws Website.

55. Imported goods that are the property of, and are to remain the property of, a foreign country designated by the Governor in Council may qualify for duty-free entry under tariff item  9810.00.00. Goods of tariff item 9810.00.00 are also non-taxable for the purposes of the GST/HST. For a list of designated countries, please consult Memorandum D21-3-1, Goods Imported by Designated Foreign Countries, Military Service Agencies and Institutions –Tariff Item No. 9810.00.00.

56. Expedition participants who are not residents of Canada are entitled to import their personal vehicles and baggage duty free and relieved of the GST/HST under tariff item 9803.00.00. Further information on this provision is contained in Memorandum D2-1-1, Temporary Importation of Baggage and Conveyances by Non-Residents. Visitors can import limited amounts of alcoholic beverages and tobacco products duty and tax free as long as these items are in the possession of the visitor when he/she arrives in Canada. For information concerning the admission of alcohol and tobacco products as well as visitors' personal exemptions, consult Visitors to Canada.

Additional Information

57. Certain goods, when imported to Canada, are controlled, restricted or prohibited, such as firearms and weapons (including explosives, fireworks and ammunition); food, plants, animals and related products; obscene material, hate propaganda and child pornography; used or second-hand mattresses, prescription drugs and cultural products.

58. Use of some radio communication or telecommunication equipment is also controlled in Canada. Foreign expeditions should contact the nearest Innovation, Science and Economic Development Canada regional office to obtain information on whether or not they are authorized to operate such equipment in Canada. For more information, contact Industry Canada by e-mail at spectrum_pubs@ic.gc.ca or visit their website.

59. The CBSA assists Environment Canada with the administration of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). Import or export permits may be required for certain wildlife. For more information, consult Memorandum D19-7-1, Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES), or visit the CITES website.

CBSA Contact Information

60. For more information, within Canada call the Border Information Service at 1-800-461-9999. From outside Canada call 204-983-3500 or 506-636-5064 (long distance charges will apply). Agents are available Monday to Friday (08:00 - 16:00 local time/except holidays). TTY is also available within Canada at 1-866-335-3237.

61. FEAR contact information:

Foreign Expeditions and Arctic Research
Operations Branch
Canada Border Services Agency
191 Laurier Avenue West
Ottawa ON  K1A 0L8
Canada

E-mail: FEAR-EERA@cbsa-asfc.gc.ca

References

Issuing office:
Foreign Expeditions and Arctic Research, International Events and Horizontal Partnerships, Traveller Operations, Border Operations Directorate, Operations Branch
Headquarters file:
N/A
Legislative references:
United Nations Convention on the Law of the Sea (UNCLOS)
Customs Act
Immigration and Refugee Protection Act (IRPA)
Excise Tax Act
 Coasting Trade Act
Presentation of Persons (2003) Regulations
Ships' Stores Regulations
Reporting of Imported Goods Regulations
Scientific or Exploratory Expeditions Remission Order
Customs Tariff
Other references:
Memorandum D8-1-1, Amendments to Temporary Importation (Tariff Item No. 9993.00.00) Regulations
Memorandum D19, Acts and Regulations of Other Government Departments
Memorandum D3-5-7, Temporary Importation of Vessels
Memorandum D3-5-1, Marine Pre-load/Pre-arrival and Reporting Requirements
Memorandum D3-2-1, Air Pre-arrival and Reporting Requirements
Memorandum D8-1-4, Administrative Procedures Related to Form E29B, Temporary Admission Permit
Memorandum D4-2-1, Ships' Stores
Memorandum D8-1-7, Use of A.T.A. Carnets and Canada/Chinese-Taipei Carnets for the Temporary Admission of Goods
Memorandum D21-3-1, Goods Imported by Designated Foreign Countries, Military Service Agencies and Institutions –Tariff Item No. 9810.00.00
Memorandum D19-7-1, Interpretation of the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act (WAPPRIITA) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES)
Memorandum D2-1-1, Temporary Importation of Baggage and Conveyances by Non-Residents
1974 diplomatic note for conducting cooperative activities of scientific and other personnel between Geological Survey of Canada and US Geological Survey
Superseded memorandum D:
D2-1-2, August 31, 2011
Date modified: