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Coming Soon: Amendments To Canada’s Export Control List And An Updated Version Of “A Guide To Canada’s Export Controls”




by:
Vincent DeRose
Jennifer Radford
Borden Ladner Gervais LLP - Ottawa Office

 
May 29, 2014

Previously published on May 26, 2014

On April 23, 2014, an Order Amending the Export Control List (SOR/2014-90) was published in the Canada Gazette. This signaled the completion of the regulatory process required to amend Canada’s Export Control List, and paved the way for the release of an updated version of “A Guide to Canada’s Export Controls” on May 22, 2014. The current Guide will remain in force until May 21, 2014, with the new Guide becoming available on the Export Controls Division website on May 22, 2014 .

The updates to the Export Control List are significant, and will serve to bring Canada’s export control measures into alignment with recent changes to the following multilateral export control regimes:

  • Wassenaar Arrangement (incorporating changes up to December 2012)
  • Nuclear Suppliers Group (incorporating changes up to November 2012)
  • Missile Technology Control Regime (incorporating changes up to October 2012)
  • Australia Group (incorporating changes up to June 2012)

These amendments will have the effect of adding and removing controls over certain goods and technologies, and clarifying existing control measures. A detailed list of those items that will be impacted by the revised Export Control List has been published by the Department of Foreign Affairs, Trade and Development.

Of particular note among the amendments is the long-awaited relaxation of controls for certain cryptographic hardware components used in mass-market products and for spin forming machines, as well as clarification of the controls applicable to telecommunications items and unmanned aircraft. In all, the practical effect of the revisions to the Export Control List will be wide-reaching, and will remove certain goods and technologies from control altogether. Likewise, new additions to the Export Control List will impose permit requirements on some previously uncontrolled items. Accordingly, exporters should undertake a detailed review of these changes to ensure continued compliance with Canadian export control laws.



 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Vincent DeRose
Jennifer Radford
 
Borden Ladner Gervais LLP Overview