Canada Gazette Part II, Volume 153 SOR/2019-92 recently published the Order Amending the Export Control List and Order Amending Certain Permits made under the Export and Import Permits.
The Order Amending the Export Control List is amended to add 19 items for control, remove 8 items from control, and to make over 300 textual modifications to existing controls. The Order both adds and removes controlled items, but it does not affect the export permit process.
Items added for control are the following:
- Group 1: magnetic random access memory integrated circuits, hybrid integrated circuits with analogue-to-digital conversion and signal processing storage functions, certain transmit/receive monolithic microwave integrated circuits (MMICs) and modules;
- Group 2: furazanotetrazine dioxide (FTDO) [an explosive material], certain reactive materials for warheads;
- Group 4: certain plasma torches, certain electron beam guns;
- Group 6: hydroxyl-terminated glycidyl azide polymer (GAP), isopropyl ferrocene, certain gel propellants, certain ultra-high temperature ceramic composite materials, certain aerothermodynamic test facilities; and
- Group 7: certain equipment for bio-containment facilities.
Items removed from control are the following:
- Group 1: certain parallel mechanism machine tools and certain microwave solid state amplifiers; and
- Group 7: dengue virus (due to the availability now of a vaccine for this virus).
Some items have had their controls clarified, e.g. changes to the definitions with respect to technical descriptions of items, cross-referencing other definitions in the control list, and corrections made to spelling errors and text structures. These include the following:
- Group 1: ceramic matrix composite materials, analogue-to-digital converter integrated circuits, vacuum electron devices, microwave power modules, high performance computers, information security, non-tunable continuous wave lasers, non-tunable pulsed lasers, thermally decoupled liners;
- Group 4: atomization and melting furnaces, shock pressure gauges;
- Group 6: inertial measurement equipment and systems; and
- Group 7: human and animal pathogens and toxins.
The Export Control List (ECL) identifies items that are controlled for export or transfer from Canada to another country. Items listed on the ECL require a permit, issued by the Minister of Foreign Affairs, prior to being exported from Canada.
Exports or transfers of goods and technology listed in the ECL must be authorized by export permits to all destinations except where otherwise stated by the Government of Canada. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls. Exporting, transferring, or attempting to export or transfer goods and technology identified on the ECL without a permit as required by the Export and Import Permits Act is prohibited and may lead to prosecution.
Also, the Order Amending Certain Permits Made under the Export and Import Permits Act amends three General Imports(GEPs) and one General Import Permit (GIP) updated on the Import Control List (ICL).
The general permits included in this Order are the following:
- General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations (GEP 41);
- General Export Permit No. 45 — Cryptography for the Development or Production of a Product (GEP 45);
- General Export Permit No. 46 — Cryptography for Use by Certain Consignees (GEP 46); and
- General Import Permit No. 108 — CWC Toxic Chemicals and Precursors (GIP 108).
The purpose of GEP 41 is to allow residents of Canada, subject to certain conditions and limitations, to export or transfer most items included in Canada’s Dual-Use List (Group 1) and certain strategic goods and technology for end use in certain eligible destinations, without requiring an individual permit.
The purpose of GEP 45 is to allow residents of Canada, subject to certain conditions and limitations, to export or transfer certain cryptographic items included on the ECL to eligible consignees, as specified in the GEP, when destined for use in the development or production of a product, without requiring an individual permit.
The purpose of GEP 46 is to allow residents of Canada, subject to certain conditions and limitations, to export or transfer certain cryptographic items included on the ECL to eligible consignees in certain destinations if the cryptography is for internal use by an organization, without requiring an individual permit.
The purpose of GIP 108 is to allow residents of Canada, subject to certain conditions and limitations, to import or transfer certain toxic chemicals and precursors that are of low strategic value, without requiring an individual permit.
A detailed document highlighting the changes resulting from the amendment to the ECL is available on Global Affairs Canada’s export controls website at www.exportcontrols.gc.ca This document allows exporters to easily identify changes made by the Order that may impact their businesses.
For further assistance or concerns contact:
Judy Korecky
Deputy Director
Export Controls Policy Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑4332
Fax: 613‑996‑9933
Email: [email protected]