Vol. 140, No. 19 — September 20, 2006

Registration
SOR/2006-196 August 29, 2006

EXPORT AND IMPORT PERMITS ACT

Order Amending the Export Control List

P.C. 2006-803 August 29, 2006

Her Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to 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

AMENDMENTS

1. The definition "Guide" in section 1 of the Export Control List (see footnote 1) is replaced by the following:

"Guide" means A Guide to Canada's Export Controls, published in December 2005 by the Department of Foreign Affairs and International Trade. (Guide)

2. Item 5202 of the schedule to the List and the heading before it are replaced by the following:

Unprocessed Roe Herring

5202. Roe herring from which the roe has not been extracted and that were caught in those parts of the following areas adjacent to the coast of British Columbia:

(a) the territorial sea of Canada as determined under section 4 of the Oceans Act;

(b) the internal waters of Canada as determined under section 6 of that Act; or

(c) the fishing zones of Canada as determined under section 16 of that Act and prescribed by regulations made under paragraph 25(b) of that Act. (All destinations)

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

The amendment to the Export Control List ("ECL") consists of two changes.

First, the definition of "Guide" in section 1 of the ECL is replaced and now refers to the latest version of "A Guide to Canada's Export Controls" dated December 2005. The December 2005 edition of "A Guide to Canada's Export Controls", incorporates Canada's obligations and commitments with respect to our international arrangements and, includes additions of strategic items of national and international security, as well as deletions of goods of older technology, whose current control impedes the competitiveness of Canadian companies.

Second, Item 5202, regarding Roe Herring has been substantially re-written to reflect its updated legislative references contained in the Oceans Act.

Alternatives

The alternative is to keep the status quo. However, in order for Canada to implement its international obligations and commitments and for Canada's export policies to be effective, the ECL must reflect current obligations, commitments, and policies.

Benefits and Costs

The amendment would allow Canada to better observe its international obligations and commitments with other like-minded countries. The amendment should improve the efficiency of permit application processing.

The substantive portion of the amendment reflects Canada's international obligations and commitments.

The costs associated with these amendments for the government are limited to the administrative cost of the amendment and subsequent circulation of the new regulation. At the same time, the impact on exporters will be minimal as the amendments will only impose export permit requirements on a limited number of exporters. At the same time, the removal of some items from export control will benefit some companies as they will no longer need to apply for export permits for those items in most cases.

Consultation

As is customary when dealing with potential changes to Canada's export controls, the Department consulted with and received support from private industry, industry associations, various divisions within the Department of Foreign Affairs and International Trade, and various other Canadian departments and agencies in the elaboration of its positions prior to entering into international negotiations and undertaking commitments.

Compliance and Enforcement

The ECL defines the items and conditions under which exporters are required to obtain export permits. The Canada Border Services Agency (CBSA) enforces the regulations including the examination of export documents on all exports. Failure to possess the required export permit can result in prosecution and conviction under the Export and Import Permits Act.

Contact

Judy Korecky
Deputy Director, Technology
Export Controls Division
Export and Import Controls Bureau
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: (613) 944-2505
FAX: (613) 996-9933
E-mail: judy.korecky@international.gc.ca

Footnote a

S.C. 1991, c. 28, s. 3

Footnote 1

SOR/89-202

NOTICE:
The format of the electronic version of this issue of the Canada Gazette was modified in order to be compatible with hypertext language (HTML). Its content is very similar except for the footnotes, the symbols and the tables.

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