Guide to Canada’s Export Control List December 2020 now available

Global Affairs Canada has published in Canada Gazette Part 2, Volume 155, number 13 June 23, 2021 the Export Control List . This Order comes into force 30 days after the day on which it is published in Part II of the Canada Gazette.

A detailed document highlighting the changes to the Guide resulting from this Order is available on Global Affairs Canada’s export controls website. This document allows exporters to easily identify changes made by the Order that may impact their businesses.

This summary document will continue to be produced for all future annual updates to the Guide, and exporters will continue to have 30 days to familiarize themselves with future changes before they come into force.

On June 3, 2021 the Government of Canada finalized the regulatory process to amend its Export Control List (ECL) to incorporate the latest version of “A Guide to Canada’s Export Control List.” The new version of the guide will bring into force the commitments Canada has made in various multilateral export control regimes up to December 31, 2020.

The current December 2018 version of the Guide remains in effect until July 23, 2021. Registered users of the Export Controls On-Line (EXCOL) electronic permitting system will receive an email message with a link to the new guide when the amended Export Control List is published in Canada Gazette Part II on June 23, 2021. They will receive a follow-up email on July 23, 2021 to advise that the December 2020 version of the guide will enter into force the following day. This will provide EXCOL users with 30 days to become familiar with the updated controls.
Understanding the Export Control List (ECL)

The goods and technology controlled for export are mainly determined through commitments made with international partners in the various multilateral export control and non-proliferation regimes. The four regimes are: regimes.

With the exceptions of Groups 5 and 9 that are spelled out directly in the schedule of the regulation, the ECL itself does not contain the lists of items controlled for export. Rather, these are described in the Guide which contains the technical specifications of the controlled items and is incorporated by reference in the regulation. The ECL also incorporates by reference the control lists as published by the regimes listed above.

It should also be noted that in order to allow for the Guide to be incorporated “as amended from time to time”, changes to the schedule of the regulation were required to accommodate long-standing, uniquely Canadian, practises in the implementation of controls on firearms (to reflect Canadian legal definitions) and certain nuclear materials. These changes to the regulation do not change the scope of the pre-existing export controls over these items.

The table in annex provides a breakdown of the structure of the ECL and the specific regime commitments incorporated in the Guide. 

To see a summary of key changes made to the December 2020 edition visit the link below.

Exporters wishing to review specific changes that were made to the Guide should e-mail the Export Controls Policy Division at expctrlpol@international.gc.ca and request a pdf document that tracks all the changes that were made against the last version.

A detailed document highlighting the changes to the Guide resulting from this Order is available on Global Affairs Canada’s export controls website. This document allows exporters to easily identify changes made by the Order that may impact their businesses.

This summary document will continue to be produced for all future annual updates to the Guide, and exporters will continue to have 30 days to familiarize themselves with future changes before they come into force.

All exports or transfers of items that are controlled under the ECL must be authorized by an export permit. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls. Exporting, transferring, or attempting to export or transfer goods and technology controlled under the ECL without a permit as required by the Act is prohibited and may lead to prosecution.

For information on the processing times for permit applications to export controlled items, please consult the latest version of the Export and brokering controls handbook, which can be found on the website of the Export Controls Policy Division.

Contact
Export Controls Policy Division
Global Affairs Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343‑203‑4331
Fax: 613‑996‑9933
Email: expctrlpol@international.gc.ca  

More information and resources

Backgrounder: Amendment to Canada’s Export Control List
Summary of key changes made to A Guide to Canada’s Export Control List
A Guide to Canada’s Export Control List -December 2020 version