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The legal basis for Canada export controls law is the Export and Import Permits Act (EIPA), which is administered by the Trade Controls & Technical Barriers Bureau (TCTBB) under the Department of Foreign Affairs and International Trade (DFAIT).
In accordance with the Export and Import Permits Act (EIPA), three lists are established to govern Canadian imports and exports. The import list is outside the scope of these pages at present:
The Area Control List (ACL) must be seen together with the Special Economic Measures Act (SEMA) under which economic sanctions are enforced – also administered by the Department of Foreign Affairs and International Trade (DFAIT).
The Export Control List (ECL) includes seven groups, which 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
In Canada, ECCN numbers are referred to as “Export Control List items”, however, for convenience reasons, I will refer to these as ECCN numbers. A pretty good introduction to the Canadian export controls is given in the Introduction to the Export Controls Handbook. Canadian ECCN numbers are similar to those of the EU Dual-Use list, as the Canadians have removed characters 3 and 4 also (more info on EU ECCNs may be found here). Let’s look at a sample ECCN:
ECCN “5A002” is taken from the US BIS, EAR Commodity Control List. The EU Dual-use list refers to the text under this particular ECCN using “5.A.2”. Canada refers to this ECCN using “1-5.A.2”. The 1 (one) in the beginning of the Canadian ECCN denotes “Group 1 – Dual-Use List”, and the remaining part of the Canadian ECCN is identical to the EU Dual-use list ECCNs.
Canada has implemented special rules for trade with the US. Please find an introduction to these rules here in section D4 and D5.
Permits and licenses may be obtained using the Canadian Export Controls On-Line (EXCOL) system. A unique, Government of Canada Access Key is required to access the system.
Penalties for violating the Export and Import Permits Act (EIPA) may be severe. Penalties in the low end can be a fine of up to CAD 25.000 or imprisonment for up to 12 months, or both; and for an indictable offence, a maximum fine set by the court or imprisonment for a maximum of 10 years, or both.
The Canadian Border Services Agency (CBSA) offers “Exporting Goods From Canada: A Handy Guide for Exporters“, which provides practical advice for exporters.
Exporters may also want to acquint themselves with:
- Canadian Nuclear Safety Commission (CNSC)
- Public Works and Government Services Canada – Controlled Goods Program
- Export permits for cryptographic items – Frequently Asked Questions
More to come…