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Canada Updates Export Control List

Written By: Cyndee Todgham Cherniak

Date: April 15, 2020

On April 1, 2020, the Government of Canada published in the Canada Gazette “An Order Amending the Export Control List”, SOR/2020-48 (P.C. 2020-140).  This Order takes effect on May 1, 2020. The objective of this Order is to implement in Canadian law the Government of Canada’s arrangements, commitments and policies resulting from Canada’s participation in the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group, up to December 31, 2018.

The amendments to Canada’s Export Control List include:

1. Updating the definition of “Guide” to refer to the latest version of the guide – being A Guide to Canada’s Export Control List – December 2018, published by the Department of Foreign Affairs, Trade and Development.  This Guide is not available on the Global Affairs website.  The 2016 version of A Guide to Canada’s Export Control List is available.  In August 2019, Global Affairs Canada posted the Export and brokering controls handbook, which is different from A Guide to Canada’s Export Control List. Also, Canada no longer refers to a department as the “Department of Foreign Affairs, Trade and Development” in Canada.  So, this amendment seems to contain an error.

The December 2018 version of the Guide to Canada’s Export Control List adds the following items:

• Group 1: magnetic random access memories (MRAMs), high power discrete microwave transistors, electro-optic modulators, mask substrate blanks, software designed to restore microprocessors after electro-magnetic pulse or electrostatic discharge, and read-out integrated circuits;
• Group 2: two explosive materials, a binder material, vessels for delivery of divers, and naval nuclear equipment;
• Group 4: target assemblies and components for the production of tritium; and
• Group 7: prefabricated repair assemblies and components for reaction vessels and storage tanks, CWC Schedule 2B precursors, and nucleic acid assemblers and synthesizers.

The December 2018 version of the Guide to Canada’s Export Control List deletes the following items:

• Group 1: robots capable of full three-dimensional image processing in real time, linear position feedback units, rotary position feedback units, technology for the development of interactive graphics, and high-speed cinema recording cameras;
• Group 2: aero-engines manufactured before 1946; and
• Group 4: water-hydrogen sulphide exchange tray columns.

The 2018 Version of the Guide clarifies, either through grammatical edits or technical notes, the following controls:

• Group 1: Composite structures and laminates, materials designed for absorbing near infrared radiation, standard for ball bearings, numerically controlled machine tools, dimensional inspection or measuring systems, compound rotary tables, digital-to-analogue converters, high-energy devices, signal generators, high resistivity materials, software for digital computers, information security systems, hydrophones, lasers, unmanned submersible vehicles, underwater vision systems, marine gas turbine engines, telemetry and telecommand equipment, and software for testing aero gas turbine engines;
• Group 2: Accessories designed for arms, ground vehicles and components, diesel engines for submarines, and intermodal containers for military use;
• Group 3: Irradiated fuel element decladding equipment; and
• Group 6: Turbojet and turbofan engines, batch and continuous mixers, and propellant substances.

2. Updating the definition of “Wassenaar Agreeement” to mean ” the Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies that was reached at the Plenary Meeting in Vienna, Austria, held on July 11and 12, 1996, and amended by WA-LIST (18) 1 at the Plenary Meeting in Vienna, Austria, held on December 5 and 6, 2018.”

3. Updating paragraph 3 of Group 3 to refer to Guidelines for Nuclear Transfers (INFCIRC/254/Rev.13/Part 1a), issued by the Nuclear Suppliers Group and adopted at the Plenary Meeting held on June 14 and 15, 2018.

4. Updating paragraph 3 of Group 3 and 4 to refer to Guidelines for Transfers of Nuclear-Related Dual-Use Equipment, Materials, Software, and Related Technology (INFCIRC/254/Rev.10/Part 2a), issued by the Nuclear Suppliers Group and adopted at the Plenary Meeting held on June 14 and 15, 2018.

5. Updating Group 6: Missile Technology Control Regime description to refer the MTCR/TEM/2018/Annex of November 30, 2018 that was adopted at the Reinforced Point of Contact Meeting held on December 18and 19, 2018.

6. Updating paragraph (a) of Group 7 description to refer to amendments the Guidelines for Transfers of Sensitive Chemical or Biological Items, issued by the Australia Group to control the export of chemical and biological weapons, the list of which occurred at the Plenary Meeting held from June 4 to 8, 2018.

For more information about Canada’s Export Control laws, please contact Cyndee Todgham Cherniak at 416-307-4168 or at cyndee@lexsage.com.  We have posted many articles about Canada’s export controls and economic sanctions on the LexSage website.

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