Notice to Exporters
Export Controls Over Chemicals Covered by the Chemical Weapons Convention (CWC)
Serial No. 105
Date: March 20, 1998
Table of Contents
1. The purpose of this Notice is to inform exporters of the export control requirements to ensure that Canada meets its Chemical Weapons Convention (CWC) obligations. Canada also controls other chemicals and precursors used in the production of chemical weapons. Please refer to Notice to Exporters No. 74 for information on these additional controls.
2. The Export Control List ( ECL) includes the publication "A Guide to Canada's Export Controls" (Guide). The ECL contains the list of items subject to both import and export controls. The ECL is a regulation made pursuant to the Export and Import Permits Act (EIPA) as a means of controlling the export of goods from Canada. CWC chemicals have been added to the ECL as Items 7001 to 7006 of the Guide.
3. Import controls are also imposed in relation to the CWC. Please refer to Notice to Importers No. 567 for information on imports of CWC chemicals.
Chemical Weapons Cconvention
4. The "Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction" (a.k.a. the "Chemical Weapons Convention" or CWC) came into effect on April 29, 1997. As a State which is Party to the Convention (State Party), Canada has undertaken never to develop, produce, otherwise acquire, stockpile, or retain chemical weapons, to transfer, directly or indirectly, chemical weapons to anyone, to use chemical weapons, to engage in any military preparations to use chemical weapons, or to assist, encourage or induce, in any way, anyone to engage in any chemical weapons-related activity. Canada is committed to honouring the terms and obligations in the Convention.
CWC Schedules of Chemicals
5. In order to fulfil its CWC obligations, Canada is implementing export (and import) controls on a series of toxic chemicals and precursors and their mixtures (hereinafter called chemicals) listed in three Schedules to the CWC:
- Schedule 1: Chemicals known to be chemical warfare agents and some of their key precursors.
- Schedule 2: Chemicals and compounds that are key precursors to chemical warfare agents but that have some commercial utility.
- Schedule 3: Chemicals that can be used for the production of chemical warfare agents but that are produced in large quantities for commercial use.
6. The above three Schedules of chemicals are found in Items 7001 to 7006 of the ECL Guide and are reproduced in Annex A to this Notice.
7. Mixtures of any of the Scheduled chemicals are also controlled. For the purpose of export controls a chemical mixture is a product made up of two or more chemicals which do not react together in the conditions under which the mixture is normally stored.
Meeting CWC Obligations
8. To meet Canada's CWC obligations the following export control strategy has been introduced.
- The export of CWC Schedule 1 chemicals (Items 7001 and 7002 of the ECL) are subject to Individual Export Permits (IEPs) for all destinations including the USA. This is because Schedule 1 contains the most sensitive of all CWC chemicals and these require special handling. CWC Schedule 1 chemicals may only be exported to states that are parties to the Convention and may not be re-exported from those countries to any other country.
Applications for export permits of Schedule 1 chemicals must be received by the Export Controls Division at least 45 days in advance of the intended shipment date.
- The export of CWC Schedule 2 and 3 chemicals (Items 7003 to 7006 of the ECL), as well as certain Australia Group chemicals contained in Item 7011 of the ECL requires an IEP for all countries exceptthe United States. Exports to the USA of Schedule 2 and 3 chemicals, as well as certain chemicals contained in ECL Item 7011 are allowed under General Export Permit (GEP) No. 37 subject to the following conditions:
- The exporter will keep at the exporter's place of business or residence the documents in respect of each export made under this Permit for a period of six years after the date of the export;
- On request, the exporter will make the documents referred to in paragraph (i) available to an officer of the Export Controls Division (EPE) of the Department of Foreign Affairs and International Trade (DFAIT); and
- Where the chemicals are required to be reported in a prescribed form under the Customs Act, insert the statement "GEP 37" in the appropriate field of the prescribed form.
Chemical Mixtures/Samples/De Minimis
9. Mixtures containing Schedule 1, 2 or 3 chemicals are controlled under the Export Control List and either an Individual Export Permit (IEP) or a General Export Permit (GEP 38) applies, as follows:
- For mixtures containing Schedule 1 chemicals (ECL items 7001 and 7002) an Individual Export Permit (IEP) for any quantity, to any destination including the United States, is required.
- For mixtures containing Schedule 2 chemicals (ECL items 7003 and 7004) an IEP for any destination except the United States is required for any mixture containing 10% or more of any of the Schedule 2 chemicals. Mixtures containing percentages which fall below this level may qualify for treatment under GEP 38. Please refer to GEP 38 for details.
- For mixtures containing Schedule 3 chemicals (ECL items 7005 and 7006) an IEP for any destination except the United States is required for any mixtures containing 25% or more of any of the Schedule 3 chemicals. Mixtures containing percentages which fall below this level may qualify for treatment under GEP 38. Please refer to GEP 38 for details.
N.B. The Export Control List does not distinguish between "samples", full shipments or de minimis quantities. Export permits are required in all cases.
Chemical Weapons Equipment and Facilities
Certain CWC chemical weapons equipment, facilities and related goods are controlled under Items 7007 and 7008 of the ECL. Please consult these specific items (available soon) to determine whether proposed exports are controlled.
Export Permit Procedures
10. End-use Certificates (EUC)
- As indicated earlier, the export of Schedule 1 chemicals(including in mixtures) to a State not Party to the Convention is not permitted. While the export of Schedule 1 chemicals to a State Party is not prohibited under the Convention, exporters may be required to obtain an End-use Certificate (EUC) from the Government of the importing company before the export permit may be issued.
- Exporting Schedule 2 and 3 chemicals (including in mixtures) to a State not Party to the Convention requires an EUC. Therefore, persons wishing to export any Schedule 2 or 3 chemicals to a State notParty to the Convention must first obtain an EUC, before applying for the requisite export permit. The EUC must be signed by a responsible official of the importing State and must include the following elements and undertakings:
- The chemicals will only be used for purposes not prohibited under the Chemical Weapons Convention;
- The chemicals will not be re-exported;
- The types and quantities of scheduledchemicals;
- The end-use(s) of such chemicals; and
- The name(s) and address(es) of the end-user(s).
11. Issuance of Permits
- The issuance of export permits is administered by the Export Controls Division (EPE) of the Department of Foreign Affairs and International Trade (DFAIT). The Division provides assistance to exporters in determining if export permits are required.
- The Division also publishes brochures and Notices as well as supplying Applications for Permit to Export Goods (EXT-1042), and "information kits". Applicants wishing to export CWC chemicals subject to an IEP or a GEP, or who might have questions related to export and import controls, should contact:
Export Controls Division
Export and Import Controls Bureau
Department of Foreign Affairs and International Trade
125 Sussex Drive
Canadian National Authority - CWC
12. The Chemical Weapons Convention Implementation Act authorizes the Minister of Foreign Affairs to designate the Canadian National Authority within the Department of ForeignAffairs and International Trade (DFAIT). The Canadian National Authority, empowered to carry out the provisions of the Convention, exists within a separate agency in DFAIT.
13. It is the responsibility of the Canadian National Authority to assist Canada's citizens, businesses and institutions in the successful implementation of the Convention. For detailedinformation regarding the CWC other than that related to export or import controls, or on the Canadian National Authority, contact:
The National Coordinator Canadian National Authority (IDN)
Chemical Weapons Convention
Department of Foreign Affairs and International Trade
125 Sussex Drive
14. The Australia Group also controls chemical substances (ECL item 7011), biological agents (ECL item 7021) and related equipment (ECL items 7012 and 7022) that could be used in the production of chemical weapons and biological warfare agents. Please consult Group 7 of "A Guide to Canada's Export Controls", as well as Notice to Exporters No. 74, "Export Controls over Chemical and Biological Weapons, Agents, Precursors, Production Equipment and Technology", for complete details of these additional controls. Also refer to General Export Permit No. 37 regarding the export of certain Australia Group chemicals to the United States.
Annex A - List of Schedule Chemicals of the CWC