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Published byMerry Lewis Modified over 6 years ago
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Canada’s Adoption of Control Lists 2016 WA Practical Workshop Vienna, June 2016
Joon Hyuk Yoon Senior Permit Officer
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Overview What are export controls? Legal Framework
International Arrangements Amending the Export Control List
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What is meant by the terms “export controls”?
Export controls apply to Export of goods and technology listed on the Export Control List Export to countries identified in the Area Control List Export shipment, transfer, transmission, conveyance, etc. of goods (both tangible and intangible) as well as services and technology from Canada Approval from the Minister of Foreign Affairs
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Legal Framework Export and Import Permits Act (EIPA) Enacted in 1947
Legislative authority respecting the export and import of goods Main legislative instrument regarding controls of strategic and military goods and technology Ability to create/amend the Export Control List
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Legal Framework (II) Export Control List (ECL)
Regulation made under the authority of the EIPA Items controlled for export or transfer must be identified on the ECL Two reasons to include goods on the ECL To control sensitive items that can have foreign policy/security implications To implement international arrangements
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International Arrangements
Wassenaar Arrangement Missile Technology Control Regime Australia Group Nuclear Suppliers Group
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Incorporating the international arrangements into the ECL
Group 1: Dual-Use List (Wassenaar Arrangement) Group 2: Munitions List (Wassenaar Arrangement) Group 3: Nuclear Non-Proliferation List (Nuclear Suppliers Group) Group 4: Nuclear-related Dual-Use List (Nuclear Suppliers Group) Group 5: Miscellaneous Goods and Technology List (Bilateral commitments and unilateral controls) Group 6: Missile Technology Control Regime List (Missile Technology Control Regime) Group 7: Chemical & Biological Weapons Non-Proliferation List (Australia Group)
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Amending the ECL The ECL is updated annually via regulatory amendment
Reference in the ECL of each international arrangement (incorporation by reference) Generally, a single regulatory submission
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Changes to the WA list If a “new item” is added into the WA list
Permit will be required when the new ECL enters into force If an item is removed from the WA list Permit will still be required Streamlined process
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Thank you! Merci!
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