In February 2007, the Government of Canada concluded the regulatory process to amend the Export Control List and bring into effect the June 2006 version of the ECL Guide. The new regulation adds, deletes and clarifies the controls relating to the exportation of several goods and technologies.
McCarthy Tétrault Notes:
The add-ons relating to technology and software include the addition of controls for quantum cryptography (1-5.A) and software designed for Unmanned Aerial Vehicles (1-9.D). Clarifications were made for controls on numerous items, including microcircuits (1-3.A), radio equipment (1-5.A), scrambling codes (1-5.A), underwater electronic imaging systems (1-8.A), software for reduced observables (6-17.D) and genetic elements and genetically modified organisms (7.13). Software for dynamic adaptive routing (1-5.D) was removed from the ECL.
As a result of these changes, there are a few tips and traps to keep in mind:
- emailing controlled software or technology to someone outside Canada is considered to be an export/transfer and requires an export permit;
- when non-residents visit Canada and access controlled technology or software, they require a Visitor Exemption under the Controlled Goods Program; if they leave Canada with controlled information (written or electronic form, including notes), an export permit must be obtained; and
- all U.S.-origin goods, technology and software are controlled on the ECL, but for most destinations a General Export Permit is available (i.e. there’s no need to apply for an individual permit); an individual permit application is required if these U.S. items are being exported from Canada to Iran, Cuba, Syria, North Korea, Myanmar or Belarus