Notice to Exporters

General Export Permit – Cryptography for the Development or Production of a Product

Export and Import Permits Act

Serial No. 182
Date: August 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 a General Export Permit (GEP) relating to the export or transfer of cryptography for development or production of a product.

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 or transfer of specified goods and technology that are included in the Export Control List (ECL) to certain specified destinations, subject to terms and conditions. GEPs do not require an individual application to be submitted to Foreign Affairs and International Trade Canada for the proposed export or transfer.

3. The purpose of this GEP is to allow residents of Canada, subject to certain conditions and limitations, to export or transfer certain items included in Group 1-5 Part 2 of “A Guide to Canada's Export Controls” to eligible consignees, which include non-government affiliated entities that are located in anyone of the 29 designated countries identified in the GEP (paragraph 9 of this Notice) and non-government affiliated entities, in any destinations, excluding an ineligible destination as identified in the GEP (paragraph 10 of this Notice), if the entity is controlled by either a resident of Canada or a non-governmental affiliated individual or entity located in a designated country. Designated countries are those countries who, like Canada, are members of all four multilateral export control regimes, namely the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Missile Technology Control Regime, the Australia Group and the Nuclear Suppliers Group.

4. This Notice should be read in conjunction with General Export Permit No. 45 – Cryptography for the Development or Production of a Product (GEP 45) and the current version of “A Guide to Canada's Export Controls”, which is available on request from the Export Controls Division of Foreign Affairs and International Trade Canada.

General

5. GEP 45 covers the export or transfer of most goods and technology referred to in ECL item number 1-5 Part 2 of “A Guide to Canada's Export Controls”, excluding those goods and technology identified in section 2 of the regulation (paragraph 6 of this Notice).

Eligible Goods and Technology

6. Under GEP 45, residents of Canada may export or transfer all goods and technology referred to in Group 1-5 Part 2 of “A Guide to Canada's Export Controls”, excluding those goods and technology referred to in:

  1. items 1-5.A.2.a.2., 1-5.A.2.a.4., or 1-5.A.2.a.9. of A Guide to Canada's Export Controls.
  2. item 1-5.B.2. of the Guide, other than a good that
    1. is used in the development or production of a good referred to in any of subparagraphs 6.a) or 6.b)ii., or
    2. is specially designed to evaluate and validate the information security functions of a good referred to in any of subparagraphs 6.a) or 6.c)i. to 6.c)iii.;
  3. item 1-5.D.2. of the Guide, other than software that
    1. is used in the development, production or use of a good referred to in any of subparagraphs 6.a) or 6.c)ii. or 6.c)iii.,
    2. has the characteristics of a good referred to in any of subparagraph a) or that performs or simulates the functions of any of those goods,
    3. certifies software referred to in subparagraph 6.c)ii.; and
    4. is specially designed or modified to support technology used in the development, production or use of a good referred to in any of subparagraphs 6.a), 6.b)i., 6.b)ii. or 6.c)i. to 6. c)iii.
  4. item 1-5.E.2. of the Guide, other than a technology that is used in the development, production or use of a good referred to in any of subparagraphs 6.a), 6.b)i., 6.b)ii. or 6.c)i. to 6.c)iii.

7. This permit does not authorize the export or transfer of goods and technology that:

  1. are intended for any use other than the development or production of a product,
  2. are used in the development or production of a product that is being developed for, or under contract with, the Government of Canada, or
  3. are used in the development or production of a product that is intended for the exclusive use of a government of a foreign country.

8. Goods and technology that are concurrently controlled in a Group or Item other than those described above and which are not covered by a GEP may not be exported or transferred using GEP 45. Such exports or transfers must be authorized by an individually issued permit.

Designated Countries

9. Designated countries are those countries who, like Canada, are members of all four multilateral export control regimes, and include; 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.

Ineligible Destinations

10. GEP 45 does not authorize the export or transfer of goods or technology to Afghanistan, Belarus, Burma (Myanmar), Cote d'Ivoire, Cuba, Democratic People's Republic of Korea, Eritrea, Guinea, Iran, Iraq, Lebanon, Liberia, Libya, Pakistan, Sierra Leone, Syria, Sudan, Zimbabwe, to any country listed on the Area Control List or to any country in respect of which there is an order or regulation made under section 4 of the Special Economic Measures Act or section 2 of the United Nations Act.

Conditions

11. Exporters wishing to utilize GEP 45 must prior to their first export in a calendar year, provide in writing to the Export Controls Division of Foreign Affairs and International Trade Canada:

  1. their name, address, telephone number, facsimile number and electronic mail address
  2. in the case of a corporation, the name of a contact person and their address, telephone number, facsimile number and electronic mail address, the business number assigned to the corporation by the Minister of National Revenue , and
  3. a description of the products whose production and development will be facilitated by the exports or transfers.

12. 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 number in A Guide to Canada's Export Controls in which the good or technology to be developed or produced is described,
  2. the name and any version number given to the good or technology exported or transferred,
  3. a description of the type of products whose development and production is facilitated by the export or transfer of goods or technology, including the name and any version number used to identify the product,
  4. the estimated value of the export or transfer and, in the case of a good or technology that can be quantified, the quantity of the export or transfer,
  5. information concerning the cryptographic goods and technology's architecture, implementation and operation, including;
    1. their cryptographic algorithms and the key sizes employed,
    2. the function performed by the cryptographic algorithms, and
    3. a description of how the keys are generated and managed,
  6. the date of export or transfer, if known,
  7. the name, address, telephone number and any facsimile number and electronic mail address of the consignee to whom the good or technology is being exported or transferred and their relevant contact information, and

13. Exporters must provide to the Export Controls Division, within 15 business days from the date of a request by the Division, the information identified in paragraph 12 of this Notice in respect of any export or transfer made using GEP 45 during the time period specified in the request.

14. Exporters must provide to the Export Controls Division, prior to January 31st, the information identified in paragraph 12 (b) and (c) of this Notice in respect of any export or transfer made using GEP-45 during the previous calendar year.

15. Exporters must insert the term “GEP-45” (“LGE 45”) 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

16. This Notice has been prepared for guidance and convenience of reference only. Foreign Affairs and International Trade Canada does not provide legal advice on the foregoing. For all purposes of interpreting and applying the law, readers should consult the Export and Import Permits Act and its associated regulations. These publications are available on the internet at the site noted below.

17. Foreign Affairs and International Trade Canada is committed to take all reasonable measures to protect the privacy, with respect to the information they provide, of residents of Canada who submit a notification of intent to use General Export Permits. However, please note that information provided for this purpose and reporting on the usage of General Export Permits may be shared with other federal institutions for the purpose of enforcement and administration of export controls or activities associated with the delivery of their mandate. This sharing of information will only be considered with federal institutions that are partners/consultees in the administration and enforcement of Canada's export control regime.

18. For further information, exporters may contact:

Export Controls Division (TIE)
Trade Controls & Technical Barriers Bureau
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: Export and Import Controls