| |||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||
 |
| ||||||||||||||||||||||||||||||||||||
 |
|||||||||||||||||||||||||||||||||||||
|
Vol. 136, No. 9 — April 24, 2002 RegistrationSOR/2002-153 11 April, 2002 EXPORT AND IMPORT PERMITS ACT Order Amending the Export Control ListP.C. 2002-551 11 April, 2002 Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to paragraph 3(a) and section 6 (see footnote a) of the Export and Import Permits Act, hereby makes the annexed Order Amending the Export Control List. ORDER AMENDING THE EXPORT CONTROL LIST AMENDMENT 1. The schedule to Export Control List (see footnote 1) is amended by adding the following after Item 5504: Goods for Certain Uses 5505. All goods not listed elsewhere in this List
(ii) the development, production, handling, operation, maintenance or storage of missiles capable of delivering chemical, biological or nuclear weapons, or of materials or equipment that could be used in such missiles, or (iii) any chemical, biological or nuclear weapons facility or missile facility; or
(ii) the development, production, handling, operation, maintenance or storage of missiles capable of delivering chemical, biological or nuclear weapons, or of materials or equipment that could be used in such missiles, or (iii) any chemical, biological or nuclear weapons facility or missile facility. (All destinations other than Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Korea, Romania, the Russian Federation, the Slovak Republic, South Africa, Spain, Sweden, Switzerland, Ukraine, the United Kingdom, and the United States; provided that the final destination of the goods is one of these countries). COMING INTO FORCE 2. This Order comes into force on the day on which it is registered.
REGULATORY IMPACT ANALYSIS STATEMENT
Description Canada is a member of a number of non-proliferation regimes or groups, disarmament Conventions and related export control bodies, including the Nuclear Non-proliferation Treaty, the Zangger Committee/Nuclear Suppliers Group, the Chemical Weapons Convention, the Australia Group and the Missile Technology Control Regime. Taken together, they form the basis of Canada's non-proliferation export control policies and procedures. In order to implement appropriate controls, each group maintains a list of controlled goods and technology that could be used in Weapons of Mass Destruction (WMD) applications, and each participating country agrees to control the export of such goods. In Canada, all of these goods are controlled under the Export Control List (ECL). However, since it is not possible to identify and list all potential goods that could be used, directly or indirectly in the proliferation of WMD, most countries that participate in these fora also maintain controls over these unlisted goods through an end-use control mechanism. Many of these countries colloquially refer to this mechanism as "catch-all". This mechanism is designed to cover non-listed, commercial/civilian goods which could make a serious or major contribution to the proliferation of chemical, biological or nuclear weapons, or their missile delivery systems, if there is reason to believe that such goods could be diverted to a WMD program. This mechanism will also be an important instrument in combatting the threat of chemical, biological, radiological and nuclear (CBRN) proliferation. The end-use mechanism is not designed to replace controls already in place but rather to supplement existing controls. In drafting this Order we have drawn upon the practices of a number of like-minded countries, and this assessment reflects their experience with the application of an end-use control and would bring our controls in line with that of our partners in international non-proliferation regimes, thereby achieving our common goal of preventing the proliferation of WMD. The "Goods for Certain Uses" control will take the form of an addition to Canada's ECL under Item 5505. It will apply only to countries that do not participate in at least two non-proliferation export control groups, in order that export control officials and more importantly, enforcement officers can focus their attention on exports to countries posing a serious proliferation concern. Participating countries are considered to adhere to overall non-proliferation criteria negating the need to apply this measure to them. Alternatives The only alternative is to add a "Goods for Certain Uses" item to the ECL. Placement of such item on the ECL will enable Canada to control the export of goods, not falling within the strict technical ambit of the ECL and which might be destined for inappropriate uses. The addition of "Goods for Certain Uses" item to the ECL is an extension of Canada's overall non-proliferation policy. Consequently, it is also in keeping with strong positions taken by Canada within various international non-proliferation fora. To maintain the status quo would be at odds with Canada's policies with respect to non-proliferation generally, as well as with positions taken within the various non-proliferation regimes. It would furthermore leave Canada in a difficult place vis-à-vis; its allies and trading partners, most of whom already have some form of end-use control in place. Benefits and Costs The "Goods for Certain Uses" item would authorize the Minister to invoke a broad measure for controlling exports of goods which do not fall within the strict technical ambit of other ECL items. As a supplement to the ECL, the "Goods for Certain Uses" item will be used only when necessary. It is yet another element of Canada's overall policies with respect to non-proliferation. An exporter who proposes to export goods which would be included within the proposed "Goods for Certain Uses" item would bear the costs associated with applying for an export permit. The costs to the federal government would be low, and limited to the administrative costs of amending the ECL and dissemination of information about the amendment. Consultation Consultations on this issue have been held with the appropriate divisions within the Department of Foreign Affairs and International Trade, specifically, the Non-proliferation, Arms Control and Disarmament Division and the Nuclear and Chemical Disarmament Implementation Agency, as well as with other government Departments, namely Canada Customs and Revenue Agency, the Canadian Security Intelligence Service and the Canadian Nuclear Safety Commission (CNSC). Consultations with industry within the scope of cross-Canada information seminars held in Spring 2001 indicate a broad acceptance of the principle behind the institution of these controls. This Order was pre-published in the Canada Gazette, Part I, on December 22, 2001 and no comments were received. Compliance and Enforcement All Items described on the ECL are subject to an export permit and are therefore subject to the terms and conditions of that permit. Non-adherence to the export permit requirement or to those terms and conditions is an offence and may lead to prosecution under the Export and Import Permits Act. Contact
Deputy Director (Technology) Export Controls Division Export and Import Controls Bureau 125 Sussex Drive Ottawa, Ontario K1A 0G2 Telephone: (613) 996-0197 FAX: (613) 996-9933 S.C. 1991, c. 28, s. 3 SOR/89-202 |
||||||||||||||||||||||||
|
NOTICE:
|
|||||||||||||||||||||||||
