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Registration

SOR/2011-320 December 16, 2011

EXPORT AND IMPORT PERMITS ACT

Order Amending the Export Control List

P.C. 2011-1671 December 15, 2011

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 6 (see footnote a) of the Export and Import Permits Act (see footnote b), hereby makes the annexed Order Amending the Export Control List.

ORDER AMENDING THE EXPORT CONTROL LIST

AMENDMENTS

1. Section 1 of the Export Control List (see footnote 1) is replaced by the following:

1. The following definitions apply in this List.

“Guide” means A Guide to Canada’s Export Controls, dated June 2010, published by the Department of Foreign Affairs and International Trade. (Guide)

“Wassenaar Arrangement” means the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies that was reached at the Plenary Meeting in Vienna, Austria on July 11-12, 1996 and amended by WA-LIST (09) 1, 03-12-2009 at the Plenary Meeting held on December 2-3, 2009. (Accord de Wassenaar)

2. Paragraph (b) of Group 3 of the schedule to the List is replaced by the following:

  1. (b) in accordance with the procedures referred to in Information Circular INFCIRC/254/Rev.9/Part 1 of the International Atomic Energy Agency of November 7, 2007.

3. Paragraph (b) of Group 4 of the schedule to the List is replaced by the following:

  1. (b) in accordance with the procedures referred to in Information Circular INFCIRC/254/Rev.8/Part 2 of the International Atomic Energy Agency of June 30, 2010.

4. Item 5001 of the schedule to the List is repealed.

5. Item 5011 of the schedule to the List and the heading before it are repealed.

6. Group 6 of the schedule to the List is replaced by the following:

GROUP 6

MISSILE TECHNOLOGY CONTROL REGIME

Goods and technology, as described in Group 6 of the Guide, the export of which Canada has agreed to control under bilateral arrangements concluded on April 7, 1987, in accordance with the Guidelines for Sensitive Missile-Relevant Transfers, issued by the Missile Technology Control Regime to control the export of missile equipment and technology referred to in MTCR/TEM/2009/ Annex/002 adopted at the Plenary Meeting of November 11-13, 2009.

7. Paragraph (a) of Group 7 of the schedule to the List is replaced by the following:

  1. (a) under a bilateral arrangement concluded on December 24, 1992, between Canada and the United States, this arrangement having been made in accordance with the Australia Group Guidelines for Transfers of Sensitive Chemical or Biological Items issued by the Australia Group to control the export of chemical and biological weapons the list of which was amended at the Plenary Meeting of September 22-25, 2009; and

COMING INTO FORCE

8. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Issue and objectives

In order for Canada to implement its international obligations and commitments and for Canada’s export policies concerning strategic and military goods and technology to be effective, Canada’s export control regime must reflect current obligations, commitments and policies.

The Department of Foreign Affairs and International Trade (DFAIT) seeks to amend the Export Control List (ECL) to reflect the Government of Canada’s obligations, commitments and policies resulting from Canada’s participation in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.

Description and rationale

The amendment to the ECL consists of various changes such as the amendment of the definition of the “Guide,” the removal of unnecessary control measures and the updating of references to various international commitments. The majority of amendments are a direct result of Canada’s participation in various multilateral export control regimes.

The changes to the ECL are as follows:

(1) A Guide to Canada’s Export Controls — June 2010

The definition of “Guide” in section 1 of the ECL is replaced by A Guide to Canada’s Export Controls — June 2010 so that it refers to the latest version of the document.

The June 2010 edition of A Guide to Canada’s Export Controls incorporates Canada’s obligations and commitments with respect to the four multilateral export control regimes of which Canada is a member and includes additions of strategic and military goods and technology of national and international security. Some changes include the addition of controls over shaped charges, certain sonar equipment and equipment for the disruption and destruction of improvised explosive devices as well as deletions from and clarification to existing export controls; including the relaxation of controls relating to certain cryptographic products.

(2) Removal of export controls over certain medical products

The amendment removes item 5001, “Pancreas glands of cattle and calves,” and item 5011, “Human serum albumin,” from the schedule to the ECL.

These items were originally controlled over supply concerns associated with their medical use; advances in medical technology have eliminated the supply concerns associated with these items, removing the need for export controls.

(3) Various references to international commitments

References to export control texts issued by various multilateral export control regimes to which Canada is a member, including the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Dual-Use and Munitions Lists), the Nuclear Suppliers Group (Non-Proliferation and Nuclear-related Dual-Use Lists), the Missile Technology Control Regime (Missile Technology Control Regime List) and the Australia Group (Chemical and Biological Weapons Non-Proliferation List), have been updated to incorporate these commitments into Canadian export control regulation.

Complete list of changes

A detailed document highlighting the changes resulting from the amendment of the ECL is available on the Export Controls Division’s Web site of DFAIT at www.exportcontrols.gc.ca.

Consultation

As is customary when dealing with potential changes to Canada’s export controls regime, DFAIT consulted with private industry and various other Canadian government departments and agencies, including the Department of National Defence and Industry Canada, in the elaboration of its positions prior to entering into international negotiations and undertaking commitments. There have been no specific consultations undertaken regarding the implementation of these previously consulted commitments.

Implementation, enforcement and service standards

Exports of goods and technology listed in the ECL must be authorized by export permits to all destinations except where otherwise stated. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls. Failure to possess the required export permit can result in prosecution under the Export and Import Permits Act.

Contact

Blair Hynes
Deputy Director
Export Controls Division
Export and Import Controls Bureau
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-996-0558
Fax: 613-996-9933
Email: Blair.Hynes@international.gc.ca

Footnote a
S.C. 1991, c. 28, s. 3

Footnote b
R.S., c. E-19

Footnote 1
SOR/89-202