Forward Regulatory Plan for Strategic and Military Goods and Technologies

Order Amending the Export Control List (2015)

Description of the objective

Objective: In order for Canada to implement its international obligations and commitments regarding the export of dual-use strategic and military goods and technology, Canada’s Export Control List (ECL) must reflect the most up-to-date control lists of the four multilateral export control regimes of which Canada is a member.

Global Affairs Canada (GAC) seeks to amend the ECL on an annual basis to reflect the control lists endorsed by participating states in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.

Description of the Regulation: The amendment to the ECL consists of various changes reflecting the updates made within the four multilateral export control regimes up to December 2015.

Some existing language of controlled items may be clarified, some items may no longer be controlled while other items and technology may be added for control requiring Canadian exporters of these goods to obtain an export permit.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.

Public consultation opportunities

As is customary when dealing with potential changes to Canada’s export control regime, GAC consults with private industry in the elaboration of its positions prior to entering into international negotiations and undertaking commitments

These consultations are directed at stakeholders that are able to provide the Government of Canada with expert technical advice regarding strategic and military goods and technology.

Consultations regarding proposed changes within the various multilateral export regimes to which Canada is a participating state normally occur between January and May each year with approval of any new regime changes by the end of December.

Consultations regarding changes to be implemented in the Order Amending the Export Control List (2015) have been completed.

Departmental contact

Export Controls Division - General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca

Order Amending the Export Control List (2016)

Description of the objective

Objective: In order for Canada to implement its international commitments regarding the export of dual-use, strategic and military goods and technology, Canada’s Export Control List (ECL) must reflect the most up-to-date control lists of the four multilateral export control regimes of which Canada is a member.

Global Affairs Canada (GAC) amends the ECL regularly to reflect the control lists endorsed by participating states in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.

Description of the Regulation: The amendment to the ECL consists of various changes reflecting the updates made within the four multilateral export control regimes up to the end of December 2016.

Some existing language of controlled items may be clarified, some items may no longer be controlled while other items and technology may be added for control requiring Canadian exporters of these goods to obtain an export permit.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.

Public consultation opportunities

As is customary when dealing with potential changes to Canada’s export control regime, GAC consults with private industry in the elaboration of its positions prior to entering into international negotiations and undertaking commitments.

These consultations are directed at stakeholders that are able to provide the Government of Canada with expert technical advice regarding strategic and military goods and technology.

Consultations regarding proposed changes within the various multilateral export control regimes to which Canada is a participating state normally occur between January and May each year with approval of any regime changes by the end of December.

Consultations regarding changes to be implemented in the Order Amending the Export Control List (2016) have been completed.

Departmental contact

Export Controls Division- General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca

Order Amending the Export Control List (2017)

Description of the objective

Objective: In order for Canada to implement its international commitments regarding the export of dual-use, strategic and military goods and technology, Canada’s Export Control List (ECL) must reflect the most up-to-date control lists of the four multilateral export control regimes of which Canada is a member.

Global Affairs Canada (GAC) amends the ECL regularly to reflect the control lists endorsed by participating states in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.

Description of the Regulation: The amendment to the ECL consists of various changes reflecting the updates made within the four multilateral export control regimes up to the end of December 2017.
Some existing language of controlled items may be clarified, some items may no longer be controlled while other items and technology may be added for control requiring Canadian exporters of these goods to obtain an export permit.

Enabling Act: Export and Import Permits Act

Indication of business impacts

There may be business impacts. The “One-for-One” Rule and/or the small business lens may apply.

Public consultation opportunities

As is customary when dealing with potential changes to Canada’s export control regime, GAC consults with private industry in the elaboration of its positions prior to entering into international negotiations and undertaking commitments.

These consultations are directed at stakeholders that are able to provide the Government of Canada with expert technical advice regarding strategic and military goods and technology.

Consultations regarding proposed changes within the various multilateral export control regimes to which Canada is a participating state normally occur between January and May each year, with approval of any regime changes by the end of December.

Consultations regarding changes to be implemented in the Order Amending the Export Control List (2017) are ongoing.

Departmental contact

Export Controls Division - General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca

Order Amending the Area Control List (Belarus)

Description of the objective

Objective: Pursuant to the Government of Canada’s commitment to diplomatic re-engagement with the international community, and in response to recent positive developments in Belarus, the Government of Canada announced its intent to remove Belarus from the Area Control List (ACL) on May 7, 2016, thereby lifting restrictions that have been in place since December 2006.

The removal of Belarus from the ACL is consistent with actions taken by the United States and the European Union. It also reflects Canada’s acknowledgement that the Government of Belarus has made progress in key areas related to human rights, including the release of political prisoners and conducting a presidential election in October 2015, which demonstrated greater adherence to international norms and was not marked by the levels of violence and intimidation seen in past elections. Canada also recognizes the constructive role played by Belarus in facilitating negotiations toward a ceasefire and peace agreement in Ukraine—the Minsk agreements—in September 2014 and February 2015.

Description of the Regulation: The Order Amending the Area Control List will remove Belarus from the ACL, a list of destinations to which the Governor in Council deems it necessary to control the export or transfer of any goods and technology. As a result of this amendment to the ACL, only items controlled on Canada’s Export Control List will require an export permit in order to lawfully export those items to Belarus.

Enabling Act: Export and Import Permits Act

Indication of business impacts

This amendment to the ACL will decrease the administrative burden for small businesses within Canada by removing controls over the export of otherwise uncontrolled items to Belarus.

Public consultation opportunities

There will be a public announcement by the Minister of Foreign Affairs in May 2017. Feedback from interested stakeholders to date has been positive.

Departmental contact

Export Controls Division - General Enquiries
Telephone: 343-203-4331
Facsimile: 613-996-9933
TIE.reception@international.gc.ca

For more information

To learn about upcoming or ongoing consultations on proposed federal regulations, visit the Canada Gazette and Consulting with Canadians websites.

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