Serial No. 151
Date: March 31, 2007
1.1 This Notice is to advise exporters that the Export and Import Permits Act (EIPA) has been amended to clarify specific controls over technology contained on the Export Control List (ECL).
1.2 These amendments also provide the explicit authority to control the transfer, including the electronic transfer of technology contained on the ECL.
1.3 These amendments also authorize the Minister of Foreign Affairs (the Minister) to consider safety and security concerns when assessing applications for permits to export or transfer goods or technology contained on the ECL.
2.1 These amendments to the EIPA are a result of provisions in Part 8 of the Public Safety Act, 2002 which received Royal Assent on May 6, 2004.
2.2 The Public Safety Act, 2002 was introduced in April 2002 as part of the Government of Canada’s Anti-Terrorism plan, which began with the Anti-Terrorism Act in 2001.
2.3 The Public Safety Act, 2002 has been designed to improve Canada’s capacity to prevent terrorist attacks, protect its citizens and to respond quickly if any threats are identified.
3.1 The ECL is a regulation made pursuant to EIPA that lists goods and technology which require an export permit in order to be exported or transferred from Canada.
3.2 “Technology” includes technical data, technical assistance and information necessary for the development, production or use of an article included in an ECL.
3.3 “Transfer” means, in relation to technology, to dispose of it or disclose its contents in any manner from a place in Canada to a place outside Canada.
4.1 Exporters wishing to export or transfer goods or technology on the ECL are required to apply for and obtain a permit issued under the authority of the EIPA prior to exporting or transferring the goods or technology from Canada.
4.2 Regarding the review of permit applications to export or transfer goods or technology from Canada, in addition to any other matter that the Minister may consider while reviewing the application, the Minister may take under review the potential exports possible impact on the safety or interests of Canada or the peace, security or stability in any region of the world or within a country.
5.1 For further information, exporters may contact:
Export Controls Division (TIE)
Export and Import Permits Bureau
Foreign Affairs and International Trade Canada
125 Sussex Drive
Telephone: (613) 996-2387
Facsimile: (613) 996-9933