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Canadian Economic Sanctions
Export and Import Permits Act
The Export and Import Permits Act and regulations are used for a number of purposes, including the imposition of trade sanctions on goods. This is done primarily through three Governor in Council regulations: 1) the Area Control List (ACL), 2) the Export Control List (ECL), and 3) the Import Control List (ICL). Permits are required for the export of goods on the ECL and for the import of goods on the ICL and, with certain specific exemptions, for all goods to countries on the ACL. The Minister's decisions on individual permit applications respecting goods on the ECL or the ICL are taken in light of the purposes for which the particular goods have been listed. Additionally, longstanding foreign policy considerations may factor into the Minister's decisions respecting export permit applications.
The Area Control List (ACL) is a list of countries to which the Governor in Council deems it necessary to control the export of any goods (s.4). Permits are required for exports to countries on the ACL.
The Export Control List (ECL) is a list of goods that the Governor in Council deems it necessary to control for enumerated purposes (s.3). Certain items on the ECL specify destinations for which Canadian exports of the items are controlled. While the ECL is not directed at a foreign state, the Minister of Foreign Affairs, in exercising his discretion whether or not to issue an export permit, may take into account certain foreign policy considerations. For example, under current export control policy guidelines, Canada closely controls the export of military goods and technology to countries a) that pose a threat to Canada and its allies; b) that are involved in or under imminent threat of hostilities; c) that are under UN Security Council sanctions; and d) whose governments have a persistent record of serious violations of the human rights of their citizens, unless it can be demonstrated that there is no reasonable risk that the goods might be used against the civilian population.
The Import Control List is a list of goods that the Governor in Council deems it necessary to control for enumerated purposes (s.5). One of the purposes for which goods may be added to the Import Control List is "to implement an intergovernmental arrangement or commitment" (s.5(1)(e)). Generally, the Import Control List is not used for the purpose of imposition of sanctions against a foreign state. In exceptional circumstances, however, goods originating in a particular country have been added to the Import Control List for the purpose of implementing an intergovernmental arrangement or commitment between Canada and other countries.
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