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Recent amendments to the Canadian export controls list

On 23 April 2014, Canada issued an Order Amending the Export Control List pursuant to the Export and Import Permits Act. These amendments came into force with immediate effect on 22 May 2014. The amendments correct, clarify or remove certain existing controls and add some new items to the Export Control List (ECL). This alert will briefly discuss the order in the context of the export control regime in Canada and will outline the various considerations for exporters.

The ECL provides product-specific restrictions on foreign exports. Typically, goods and technologies are controlled where (a) they could be detrimental to the security of Canada should they fall into the wrong hands, (b) where Canada has decided it has an interest in tracking such goods for strategic, economic or other reasons or (c) where Canada incurs control obligations under various multilateral export control regimes.

The ECL is periodically revised to reflect changes to Canada’s international agreements and the evolving nature of strategic goods or technologies. The latest order is in accordance with Canada’s commitment to four multilateral export control regimes: the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group. As a signatory to these conventions, Canada implements changes to the ECL on the basis of lists negotiated with other signatories…

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