Notice to Exporters

General Export Permits for Certain Nuclear and Nuclear-related Dual-use Goods and Technology to Certain Destinations

Serial No. 181
Date:May 2012

Table of Contents


Purpose

1. The purpose of this Notice is to advise exporters that, pursuant to the Export and Import Permits Act, the Minister of Foreign Affairs has issued two General Export Permits (GEPs) relating to the export of certain nuclear and nuclear-related dual-use goods and technology to certain destinations.

2. GEPs are intended to be used to facilitate trade in defined circumstances and are issued generally to all residents of Canada to allow the export of specified goods and technology that are included the on Export Control List (ECL) to certain specified destinations, subject to certain terms and conditions. GEPs do not require an individual application to be submitted to Foreign Affairs and International Trade Canada for the proposed export.

3. The purpose of these GEPs is to eliminate the requirement for exporters of certain controlled goods and technology to obtain both an individual export permit from Foreign Affairs and International Trade Canada and an export licence from the Canadian Nuclear Safety Commission when exporting certain eligible goods and technology to certain destinations.

General

4. General Export Permit No. 43 – Nuclear Goods and Technologies to Certain Destinations (GEP 43) covers the export of eligible goods and technology referred to in Group 3 of the schedule of Canada's Export Control List, excluding those goods and technology identified in paragraph 8 of this Notice . (Section 2(1)(a) of the regulation.)

5. General Export Permit No. 44 – Nuclear Related Dual-Use Goods and Technology to Certain Destinations (GEP 44) covers the export of eligible goods and technology listed in Group 4 of the schedule of Canada's Export Control List, excluding those goods and technology identified in paragraph9 of this Notice (Section 2(1)(a) of the regulation.)

6. Both GEP 43 and GEP 44 may only be used in conjunction with an export licence issued by the Canadian Nuclear Safety Commission (CNSC) pursuant to the Nuclear Safety and Control Act. Without such a licence, exporters are required to obtain an individual export permit from Foreign Affairs and International Trade Canada in order to proceed with their proposed export.

7. With the issuance of GEP 44, General Export Permit No. EX 27 – Nuclear-related Dual-Use Goods has been cancelled.

Eligible Goods and Technology

8. Under GEP 43, exporters may export, in conjunction with a CNSC licence, all goods and technology referred to in Group 3 of the schedule of Canada's Export Control List, excluding those goods and technology referred to in:

  1. items 3-2.1.1 or 3-2.1.2 of A Guide to Canada's Export Controls. (As defined in the Export Control List.); or
  2. any item that may be listed in both Group 3 and any other Group of the schedule of Canada's Export Control List

9. Under GEP 44, exporters may export, in conjunction with a CNSC licence, all goods and technology referred to in Group 4 of the schedule of Canada's Export Control List, excluding those goods and technology referred to in:

  1. items 4-1.B, 4-1.D, 4-1.E, 4-2.C.1, 4-2.C.2, 4-2.C.7, 4-2.C.10, 4-2.C.11, 4-2.C.13, 4-2.C.14, 4-3.B.3 or 4-3.B.4 of A Guide to Canada's Export Controls. (As defined in the Export Control List.); or
  2. any item that may be listed in both Group 4 and any other Group of the schedule of Canada's Export Control List.

Eligible Destinations

10. Both GEP 43 and GEP 44 may be used only to export eligible goods and technology from Canada to consignees located in the following countries: Argentina, Australia, Austria, Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, South Korea, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and the United States.

11. These permits do not authorize the export of goods or technology if the end-use location of those goods or technology is not in Canada, the United States, or any country listed in paragraph 10.

Conditions

12. Exporters wishing to utilize either GEP 43 or GEP 44 must prior to their first export in a calendar year, provide in writing to the Export Controls Division of the Department of Foreign Affairs and International Trade their name, address, telephone number, facsimile number and electronic mail address and, in the case of a corporation, the name of a contact person and their address, telephone number, facsimile number and electronic mail address. Such information can be provided to tie.reception@international.gc.ca

13. Exporters must present to the Canada Border Services Agency, before or at the time of export, a licence issued by the Canadian Nuclear Safety Commission pursuant to the Nuclear Safety and Control Act that authorizes the export of the goods or technology.

14. Exporters must retain, for a period of six years after the year in which an export is made under these Permits, the following records:

  1. the item in “A Guide to Canada's Export Controls” (the Guide) in which the good or technology exported is described,
  2. the quantity and value of each good or technology exported,
  3. the date of export,
  4. the eligible destination to which the good or technology is being exported, and
  5. the name and address of the person to whom the good or technology is being exported.

15. Exporters must provide to the Export Controls Division, within 15 days after the receipt of its request, the following information with respect to any exports made under these Permits during the period specified in the request:

  1. a description of each good or technology exported and the item in the Guide in which it is described, and
  2. the quantity and value of each good or technology exported by country of destination.

16. Exportersmust insert the term “GEP-43” (“LGE 43”) or “GEP 44” (“LGE-44”) in the appropriate field of the form prescribed under the Customs Act if the good exported under this Permit is required to be reported under that Act.

General Information

17. 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
Facsimile: 613-996-9933
Email: tie.reception@international.gc.ca
Internet: http://www.exportcontrols.gc.ca/