Vol. 140, No. 23 — November 15, 2006

Registration
SOR/2006-265 October 31, 2006

EXPORT AND IMPORT PERMITS ACT

Order Cancelling General Export Permit No. 39 — Mass Market Cryptographic Software

The Minister of Foreign Affairs, pursuant to subsection 10(1) (see footnote a) of the Export and Import Permits Act, hereby makes the annexed Order Cancelling General Export Permit No. 39 — Mass Market Cryptographic Software.

Ottawa, October 27, 2006

Peter G. MacKay
Minister of Foreign Affairs

ORDER CANCELLING GENERAL EXPORT PERMIT NO. 39 — MASS MARKET CRYPTOGRAPHIC SOFTWARE

CANCELLATION

1. General Export Permit No. 39 — Mass Market Cryptographic Software (see footnote 1) is cancelled.

COMING INTO FORCE

2. 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

Canada is a participating state in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies (Wassenaar Arrangement). In order to contribute to both regional and international security and stability, the Wassenaar Arrangement requires that participating states promote transparency and act responsibly regarding the export of conventional arms, and dual-use goods and technologies, including cryptographic software.

In December 1998, the participating states of the Wassenaar Arrangement agreed to remove the exclusion for mass market cryptographic systems software with a symmetric algorithm employing a key length in excess of 64 bits.

On June 1, 1999, General Export Permits No. 39 (GEP 39) was promulgated so that an individual export permit would not be required under the Export and Import Permits Act (EIPA) for mass market cryptographic software containing a symmetric algorithm not exceeding 128 bits.

In December 2000, the participating states of the Wassenaar Arrangement agreed to remove the key length restriction of the Decontrol Note concerning mass market cryptographic systems, equipment, components and software.

On February 6, 2003, the 2002 Export Control List (ECL) came into force. In the 2002 ECL, the Decontrol Note concerning mass market cryptographic systems, equipment and software was included for the first time. Since the goods covered by GEP 39 are no longer controlled by virtue of this new Decontrol Note, GEP 39 is no longer needed.

Alternatives

There is no alternative as GEP 39 authorizes export of goods, the export of which are no longer controlled.

Benefits and Costs

The measure will eliminate an obsolete GEP 39. The costs associated with the cancellation of GEP 39 will be limited to the administrative costs of the cancellation and its dissemination.

Consultation

As is customary when dealing with potential changes to Canada's export controls, the Department of Foreign Affairs and International Trade consulted with relevant stakeholders, including Industry Canada and the Communications Security Establishment.

Compliance and Enforcement

Export permits requirements remain in force respecting for controlled goods listed on the ECL, failure to obtain the appropriate export permits may result in prosecution under the EIPA. The Canada Border Services Agency is responsible for the enforcement of export controls.

Contact

Judy Korecky
Deputy Director (Technology)
Export Controls Division (TIE)
Export and Import Controls Bureau
Department of Foreign Affairs and International Trade
125 Sussex Drive
Ottawa, Ontario
Telephone: (613) 944-2505
FAX: (613) 996-9933

Footnote a

S.C. 1994, c. 47, s. 111

Footnote 1

SOR/99-238

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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