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Notice to Exporters

Export Controls to Burma (Myanmar)

Serial No. 155
Date: January 29, 2008

1. Purpose

1.1 This notice informs exporters of considerations which are applied to applications to export to Burma (Myanmar). This notice supersedes Notice to Exporters Serial No. 100, "Export Controls to Myanmar (Burma)", issued August 11, 1997.

1.2 Burma was added to Canada’s Area Control List (ACL) on August 5, 1997. The export or transfer to Burma of any goods or technology (including technical data, technical assistance and information necessary for the development, production or use of a good) to countries on the ACL is controlled and must be authorized by an export permit issued by the Minister of Foreign Affairs under the authority of the Export and Import Permits Act.

1.3 On December 13, 2007, the Special Economic Measures (Burma) Regulations (hereafter, the Regulations) and the Special Economic Measures (Burma) Permit Authorization Order, which implemented sanctions against that country, came into effect. Among other measures, and subject to certain exceptions, the Regulations prohibit:

the export from Canada to Burma of any goods, excepting only the export of humanitarian goods;
the export of technical data to Burma;
the provision of financial services to Burma.

2. Background

2.1 The addition of Burma to Canada’s Area Control List, effective August 5, 1997, was made for reasons relating to the deterioration of the human rights situation in Burma, a humanitarian crisis on the Thai-Burmese border, and repressive measures taken by the ruling military State Law and Order Restoration Council against Aung San Suu Kyi and the pro-democracy movement. Canada’s response was made in light of resolutions by both the United Nations Commission on Human Rights and the General Assembly deploring the human rights violations in Burma.

2.2 The Regulations adopted on December 13, 2007, reflect the Government of Canada's response to the gravity of the situation in Burma. The abhorrent human rights and humanitarian situation in Burma is particularly dangerous as the government's actions not only oppress its own people, but also bring substantial transnational destabilizing effects which threaten peace and security in the entire region and undermine freedom, democracy, human rights and the rule of law.

3. Administration

3.1 Section 3 of the Regulations states that, "no person in Canada shall export, sell, supply or ship any goods, wherever situated, to Burma, to any person in Burma or to any person for the purposes of any business carried on in or operated from Burma."

3.2 Section 18 of the Regulations allows some exemptions from the application of Section 3, provided that an export permit under the Export and Import Permits Act has been granted:

goods consigned to the Canadian Embassy in Bangkok, international organizations with diplomatic status, United Nations agencies, the International Red Cross and Red Crescent Movement or non-governmental organizations that are involved in humanitarian relief work in Burma, provided that an export permit under the Export and Import Permits Act has been granted for goods exported from Canada to Burma; ...
supplies exported from Canada to Burma, provided that an export permit under the Export and Import Permits Act has been granted for them, that no property referred to in section 5 is used for their payment, and that those supplies are
1. intended strictly for medical purposes and consigned to a medical facility such as a hospital or clinic, or
2. composed of foodstuffs intended for human consumption;
informational materials, including books and other publications, provided that an export permit under the Export and Import Permits Act has been granted for those goods exported from Canada to Burma, that they do not contain technical data and that no property referred to in section 5 is used for their payment; ...

3.3 Subsections (b) and (e) of Section 18 of the Regulations also exempt personal or settlers’ effects and personal correspondence from the general prohibition defined in Section 3.

3.4 Applications to export to Burma must include a statement which refers to the appropriate Section 18 exemption from the general prohibition on exports to this destination (documents which support this statement should be attached to the application). Exporters may also make a declaration that no Section 18 exemption applies to their application, or that the Regulations do not prohibit the export proposed in the application.

3.5 Applications to export to Burma which are not subject to any Section 18 exemption or to the Regulations and which may be eligible for an export permit must include a written justification of the export on humanitarian grounds. Humanitarian exports are intended to promote the basic physical and material well-being of people in need. Humanitarian exports are generally made in response to natural or other disasters (including disease), armed conflict, displacement of people, or to meet other long-term, basic needs of people in need.

3.6 Applications will be reviewed on a case-by-case basis and applications to export goods included under Section 18 will generally be approved. Applications to export other goods or technology will generally be denied.

4. Authority

4.1 Under the authority of Section 6 of the Export and Imports Permits Act, the Governor-in-Council added Myanmar (Burma) to the Area Control List, effective August 5, 1997.

4.2 Under the authority of Section 4 of the Special Economic Measures Act, the Governor in Council enacted the Special Economic Measures (Burma) Regulations and the Special Economic Measures (Burma) Permit Authorization Order, effective December 13, 2007.

5. General Instructions

5.1 This Notice has been prepared for guidance and convenience of reference only. For details about Canada’s export controls and applications for export permits, please consult the following publication A Guide to Canada’s Export Controls.

5.2 For all purposes of interpreting and applying the law, users should consult the Acts as passed by Parliament, which are published in the "Assented to" Acts service, Part III of the Canada Gazette and the annual Statutes of Canada, and the regulations, as registered by the Clerk of the Privy Council and published in Part II of the Canada Gazette. These publications are available on the internet and in most public libraries.

5.3 For further information, exporters may contact:

Export Controls Division (TIE)
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario K1A 0G2

Telephone: (613) 996-2387
Fax: (613) 996-9933
Email: tie.reception@international.gc.ca

5.4 For further information on the Special Economic Measures (Burma) Regulations and the Special Economic Measures (Burma) Permit Authorization Order, exporters may contact:

United Nations, Human Rights and Economic Law Division (JLHB)
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario K1A 0G2

Telephone: (613) 995-1108
Fax: (613) 992-2467
E-mail: sanctions@international.gc.ca
Internet: http://www.international.gc.ca/sanctions/burma-birmanie.aspx?lang=fra