Notices

1. The purpose of this Notice is to inform exporters about the addition of Item 5505 (Goods for Certain Uses) to Canada's Export Control List (ECL).

2. The ECL is a Regulation made pursuant to the Export and Import Permits Act (EIPA) that lists goods and technology which require an export permit in order to be exported from Canada.

3. Canada's Export Control List is designed to capture the most sensitive goods and technology. However, it is not possible to identify and list on the ECL all goods and technology that could represent a security risk, especially those that could be used, directly or indirectly, in the proliferation of chemical, biological or nuclear weapons, or their missile delivery systems (a.k.a. Weapons of Mass Destruction (WMD)). Instead of expanding the ECL, Item 5505 (Goods for Certain Uses) has been added to the List. See Annex A.. This control measure is similar to measures adopted by Canada's main trade partners and allies, and is often referred to as a "catch-all" control.

4. The focus of Item 5505 is on countries of concern, not legitimate trade. Countries of concern pose the most serious proliferation risk. Hence, Item 5505 requires exporters and the Government to focus on these particular countries. In countries which have adopted similar measures, exporters have not found them to be an impediment to legitimate trade.

5. Item 5505 (Goods for Certain Uses) covers non-listed, commercial/civilian goods and technology which could make a serious or major contribution to the proliferation of chemical, biological or nuclear weapons, or their missile delivery systems, if those goods or technology were to fall into the hands of questionable end-users or dubious end-uses.

6. Essentially this means that it is advisable that an exporter would exercise due diligence with regards to the proposed export of items that are not otherwise controlled on the Export Control List. In particular, if an item proposed for export is intended for use in activities that might contribute to proliferation if it were allowed to be exported to certain countries, end-users or end-uses, an export permit will be required. As well, if there are reasonable grounds to suspect that the goods or technology are intended for use in activities that might contribute to proliferation if it were allowed to be exported to certain countries, end-users or end-uses, an export permit will be required. Item 5505 therefore places responsibility on the exporter to discern whether goods or technology are intended for certain uses or whether there are reasonable grounds to suspect that the goods or technology are intended for certain uses.

7. The activities mentioned above include:

8. As well, if the Government has evidence or intelligence that an item is intended for such use or has reasonable grounds to suspect that an item is intended for use in an unacceptable WMD activity as listed above, steps would be taken to notify the exporter of such information. The exporter would then be required to apply for an export permit. The Government would then undertake to review the application and determine the merits of the proposed export.

9. If the exporter or Government knows or reasonably suspects that goods or technology will be put to certain uses, the exporter must obtain an export permit before exporting the goods or technology.

10. Item 5505 is restricted to countries that are not members or participants in at least two of the multilateral export control, non-proliferation groups in which Canada participates. As the Government is confident that participating countries are adhering to overall non-proliferation criteria, there is no need for this measure to apply to them. As per the Regulation, ECL Item 5505 does not apply to:

11. For more information on Canada's export controls, you may contact:

(i) the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons, or of materials or equipment that could be used in such weapons,

(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

(i) the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons, or of materials or equipment that could be used in such weapons,

(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).