Vol. 138, No. 36 — September 4, 2004

Order Amending the Automatic Firearms Country Control List

Statutory authority

Export and Import Permits Act

Sponsoring department

Department of International Trade

REGULATORY IMPACT
ANALYSIS STATEMENT

Description

The Export and Import Permits Act places very strict controls on the export of automatic firearms from Canada, by restricting their export to countries on the Automatic Firearms Country Control List (AFCCL). Countries on the AFCCL are those countries with which Canada has concluded an intergovernmental defence, research, development and production arrangement. Such controls are in keeping with Canada's long-standing policy of closely controlling the export of military goods. They are furthermore fully consistent with Canada's policy of preventing destabilizing concentrations of conventional weapons and promoting greater transparency in their international trade. The addition of Finland, Latvia, Poland and Portugal would bring the number of AFCCL countries to 20.

Poland is being added to the AFCCL following conclusion on an Intergovernmental Defence, Research, Development and Production Arrangement with Canada on September 22, 2003. Poland is a NATO ally, and is playing an active role in that alliance. As part of the re-equipment of its armed forces, it is seeking to acquire western combat systems. Placing Poland on the AFCCL will allow Canadian firms to compete for Polish defence contracts across a broader range of equipment. Poland is an active participant in the international arms control and non-proliferation regimes and its strong export control system is a model for other countries in central and eastern Europe.

The addition of Latvia to the AFCCL is proposed following the signing of an Intergovernmental Defence, Research, Development and Production Arrangement on August 22, 2003. It is expected that Latvia will become a NATO member in May 2004. Like Poland, Latvia is seeking to modernize its inventory. This includes the acquisition of a new family of small arms. Unless Latvia is included on the AFCCL, Canadian suppliers cannot compete in this potential market. As a new member of the EU, Latvia is aligning its export controls with those of the rest of the EU, including adopting the EU Code of Conduct on Conventional Arms Transfers.

Finland is being added to the AFCCL following the signing of an Intergovernmental Defence, Research, Development and Production Arrangement on September 12, 2003. While not a NATO member, it is a like-minded country with strong export controls. Finland is an EU member and adheres to the EU Code of Conduct regarding Arms Exports. Unless Finland is included on the AFCCL, Canadian suppliers cannot compete in this market.

Portugal is being added to the AFCCL following the conclusion of an Intergovernmental Defence, Research, Development and Production Arrangement with Canada on April 20, 2004. Portugal is a NATO ally, and plays an active role in that alliance. As part of the modernization of its armed forces, it seeks to update its combat systems.

Alternatives

There is no other alternative. The AFCCL mechanism available under the Export and Import Permits Act and its regulations is the only domestic manner to authorize the export of prohibited weapons and only then under strictly controlled conditions.

Benefits and costs

These measures will allow, under strict conditions, Canadian manufacturers to sell their products abroad, thereby keeping jobs in Canada, and will also allow the export of surplus Department of National Defence equipment to desirable end-users. As all exports of prohibited weapons require permits, this measure will not place any additional burden on authorized Canadian companies.

Consultation

The Department of International Trade held consultations with the Department of Foreign Affairs, the Department of National Defence, and the Canadian Commercial Corporation, which support this proposal.

Compliance and enforcement

Exports of prohibited weapons are allowed only to countries on the AFCCL and even then, such exports require permits. Through this permit-issuance mechanism, the government can ensure that legitimate exports take place while maintaining strict controls. The Canada Border Services Agency is responsible for the enforcement of export controls. Export of automatic firearms to a non-AFCCL destination without a permit may result in prosecution under the Export and Import Permits Act.

Contact

Mr. Roger V. Lucy, Deputy Director (Permits and Enforcement), Export Controls Division, Export and Import Controls Bureau, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, (613) 992-9167 (telephone), (613) 996-9933 (facsimile).

PROPOSED REGULATORY TEXT

Notice is hereby given that the Governor in Council, pursuant to sections 4.1 (see footnote a) and 6 (see footnote b) of the Export and Import Permits Act, proposes to make the annexed Order Amending the Automatic Firearms Country Control List.

Interested persons may make representations with respect to the proposed Regulations within 30 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mr. Roger V. Lucy, Deputy Director, Export Controls Division, Export and Import Controls Bureau, 125 Sussex Drive, Ottawa, Ontario K1A 0G2, Telephone: (613) 992-9167, Facsimile: (613) 996-9933.

Ottawa, September 1, 2004

EILEEN BOYD
Assistant Clerk of the Privy Council

ORDER AMENDING THE AUTOMATIC FIREARMS COUNTRY CONTROL LIST

AMENDMENT

1. The Automatic Firearms Country Control List (see footnote 1) is amended by adding the following in alphabetical order:

Finland
Latvia
Poland
Portugal

COMING INTO FORCE

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

[36-1-o]

Footnote a

S.C. 1995, c. 39, s. 171

Footnote b

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

Footnote 1

SOR/91-575

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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