What is the Canadian Export Control List?
Global Affairs Canada Export Control List categorizes goods and technologies that require export permits or exceptions.
Even if a permit, certificate or other authorization is issued or granted additional requirements may exist. Importers and exporters are nonetheless responsible for determining whether additional licenses, registration, permits or certifications.
These controls apply to countries named in the Area Control List. The list categorizes goods into 7 groups, each with its own legal requirements. The groups are:
- Group 1 – Dual Use List
- Group 2 – Munitions List
- Group 3 – Nuclear Non-Proliferation List
- Group 4 – Nuclear Related Dual-Use List
- Group 5 – Miscellaneous Goods and Technology
- Group 6 – Missile Technology Control Regime List
- Group 7 – Chemical and Biological Weapons Non-Proliferation List
Group 1 – Dual Use List
Dual Use goods are products or technologies that can be used by both government agencies and civilian populations. Many of these items are internationally recognized items defined internationally by the Wassenaar Agreement. Dual use items include the export of technology which is required for the development, production, or use of the listed items. The Dual Use List is comprised of 9 categories:
- Category 1 – Special materials and related equipment
- Category 2 – Materials processing
- Category 3 – Electronics
- Category 4 – Computers
- Category 5 – Telecommunications (part 1) and Information Security (part 2)
- Category 6 – Sensors and Lasers
- Category 7 – Navigation and avionics
- Category 8 – Marine
- Category 9 – Aerospace and propulsion
Group 2 – Munitions
Groups 3 and 4 – Nuclear
Group 3 “Nuclear Non-proliferation” and Group 4 “Nuclear-Related Dual Use apply to items that fall under the Treaty on the Non-Proliferation of Nuclear Weapons. Group 4 items include equipment, materials, software, and related technologies.
Group 5 – Miscellaneous Goods and Technology
This group contains goods that do not pose national security risks. These include consumer goods and agricultural products.
The most important item in this group is Category 5400 U.S. origin goods. The export of goods of U.S. origin require Canadian export permits. The intention is to ensure that Canada is not used by exporters to circumvent ongoing U.S. embargoes and other export controls.
Group 6 – Missile Technology Control Regime List
The Missile Technology Control Regime (MTCR) is an informal agreement. It involves 35 member states, including Canada. The goal of the agreement is to limit the proliferation of missiles and missile technology. Controlled items include goods and technologies that could make a contribution to delivery systems (other than manned aircraft) for Weapons of Mass Destruction (WMD).
Group 7 – Chemical and Biological Weapons Non-Proliferation List
Canada controls goods that might be used in chemical and biological weapon production.
There are two sources for this control. One is a bilateral arrangement between Canada and the United States under the Guidelines for Transfers of Sensitive Chemical or Biological Items. The other is the Australia Group under the Convention on the Prohibition of the Development, Stockpiling and Use of Chemical Weapons and Their Destruction.
Canada Export Challenges
Finding the necessary information to comply with Canadian export law can be challenging. Additionally, the Government of Canada does not publish guidance with respect to the interpretation of the laws. Unlike the E.U. or U.S., Canada does not assist companies trying to comply with Canada’s economic sanctions laws.
To further complicate matters Canada has various regimes of export regulation. Those agencies do not define terms or penalties consistently.
The Canada Export Control List is part of a complex set of export regulations. Failure to follow these regulations can result in fines, penalties, and inprisonment. CVG Strategy export compliance experts can help you establish and maintain your Canadian export compliance program.
We can guide you through the intricacies of these regulations. We can also provide the essential training to ensure that your personnel understands these important laws.
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