5.1 DEFINITION

A Non-Resident Importer is a company that resides outside Canada and which does not have a significant presence in Canada. For example, but not restricted to, no employees, no office, etc. A Company not resident in Canada can import goods into Canada for sale to their customers in Canada.

5.2 MAINTENANCE OF BOOKS AND RECORDS FOR IMPORTS INTO CANADA

All companies doing business in Canada must maintain copies of all documents related to their business for a period of six (6) years following the date of importation. Examples of some of the documents to be retained are: customs entries; commercial invoices; proof of settlement with your Canadian customers; bank deposits, bank statements with cancelled cheques, etc.

These records must be maintained in Canada. Non-resident importers may choose to engage a Customs Broker, Lawyer, Accountant or any other Canadian firm or person to perform this service and bear the cost associated with this method. Alternatively, you might wish to sign and complete an affidavit, which when approved by Canada Border Services Agency, provides permission to the non-resident firm to maintain their own records at their head office. A sample of the affidavit form is located in section 1, Documentation, item 1.9.

5.3 DOCUMENTATION REQUIREMENTS

The documentation requirements for the Non-Resident Importer are the same as those for Canadian firms residing in Canada.

The only addition is an Agreement Form to Maintain Books and Records Outside Canada. For a sample of this document refer to location number 1.9 and 3.2. Alternatively, if you prefer, L. M. Clark Ltd. can arrange to maintain the Books and Records on your behalf at our office. There is a fee assessed by L.M. Clark Ltd. for either of these options.