On April 23, 2014, an Order Amending the Export Control List (SOR/2014-90) was published in the Canada Gazette. This signalled the completion of the regulatory process required to amend Canada’s Export Control List, and paved the way for the release of an updated version of “A Guide to Canada’s Export Controls” on May 22, 2014. The current Guide  will remain in force until May 21, 2014, with the new Guide becoming available on the Export Controls Division website on May 22, 2014.

The updates to the Export Control List are significant, and will serve to bring Canada’s export control measures into alignment with recent changes to the following multilateral export control regimes:

  • Wassenaar Arrangement (incorporating changes up to December 2012)
  • Nuclear Suppliers Group (incorporating changes up to November 2012)
  • Missile Technology Control Regime (incorporating changes up to October 2012)
  • Australia Group (incorporating changes up to June 2012)

These amendments will have the effect of adding and removing controls over certain goods and technologies, and clarifying existing control measures. A detailed list of those items that will be impacted by the revised Export Control List has been published by the Department of Foreign Affairs, Trade and Development.

Of particular note among the amendments is the long-awaited relaxation of controls for certain cryptographic hardware components used in mass-market products and for spin forming machines, as well as clarification of the controls applicable to telecommunications items and unmanned aircraft. In all, the practical effect of the revisions to the Export Control List will be wide-reaching, and will remove certain goods and technologies from control altogether. Likewise, new additions to the Export Control List will impose permit requirements on some previously uncontrolled items. Accordingly, exporters should undertake a detailed review of these changes to ensure continued compliance with Canadian export control laws.

BLG’s export control compliance team regularly assists clients with cross-border transactions involving goods and technologies subject to export control measures. If you wish to better understand how the amendments coming into force on May 22, 2014 will affect your business, please contact us.

Autres auteurs

Jennifer Radford
Vincent DeRose

Compétences

Droit international
Litige et arbitrage
Litige et arbitrage relatifs au commerce international
Défense et sécurité