General Export Permit No. 44 — Nuclear-Related Dual-Use Goods and Technology to Certain Destinations

SOR/2012-90

EXPORT AND IMPORT PERMITS ACT

Registration 2012-05-03

General Export Permit No. 44 — Nuclear-Related Dual-Use Goods and Technology to Certain Destinations

The Minister of Foreign Affairs, pursuant to subsections 7(1.1)Footnote a and 10(1)Footnote b of the Export and Import Permits ActFootnote c, hereby issues the annexed General Export Permit No. 44 — Nuclear-Related Dual-Use Goods and Technology to Certain Destinations.

Ottawa, May 2, 2012

JOHN BAIRD
Minister of Foreign Affairs

INTERPRETATION

 The following definitions apply in this Permit.

“eligible destination”

“eligible destination” means Argentina, Australia, Austria, Belgium, Bulgaria, the Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Korea, Spain, Sweden, Switzerland, Turkey, Ukraine, the United Kingdom or the United States. (destination admissible)

“Guide”

“Guide” has the same meaning as in section 1 of the Export Control List. (Guide)

GENERAL

  •  (1) Subject to sections 3 and 4, any resident of Canada may, under this Permit, export from Canada to any eligible destination any good or technology referred to in Group 4 of the schedule to the Export Control List with the exception of any good or technology referred to in

    • (a) any other Group of that schedule; and

    • (b) item 4-1.B, 4-1.D, 4-1.E, 4-2.C.1, 4-2.C.2, 4-2.C.7, 4-2.C.10, 4-2.C.11, 4-2.C.13, 4-2.C.14, 4-3.B.3 or 4-3.B.4 of the Guide.

  • (2) Paragraph (1)(a) does not apply if the export of the good or technology referred to in any other Group of the schedule to the Export Control List is authorized by a permit issued under subsection 7(1.1) of the Export and Import Permits Act.

 This Permit does not authorize

  • (a) the export of goods or technology to any country listed in the Area Control List; or

  • (b) the export of goods or technology that are not intended for end-use in an eligible destination.

 It is a condition of this Permit that the exporter

  • (a) before making their first export in a calendar year under this Permit, provide in writing to the Export Controls Division of the Department of Foreign Affairs and International Trade their name, address, telephone number and any facsimile number and electronic mail address and, in the case of a corporation, the name of a contact person and their address, telephone number and any facsimile and electronic mail address;

  • (b) present to the Canada Border Services Agency, before or at the time of export, a licence issued by the Canadian Nuclear Safety Commission pursuant to the Nuclear Safety and Control Act that authorizes the export of the goods or technology;

  • (c) retain, for a period of six years after the year in which an export is made under this Permit, the following records:

    • (i) the item in the Guide in which the good or technology exported is described,

    • (ii) the quantity and value of each good or technology exported,

    • (iii) the date of export,

    • (iv) the eligible destination to which the good or technology is being exported, and

    • (v) the name and address of the person to whom the good or technology is being exported;

  • (d) provide to the Export Controls Division, within 15 days after the receipt of its request, the following information in respect of any exports made under this Permit during the period specified in the request:

    • (i) a description of each good or technology exported and the item in the Guide in which it is described, and

    • (ii) the quantity and value of each good or technology exported by country of destination; and

  • (e) insert the term “GEP-44” or “LGE-44” in the appropriate field of the form prescribed under the Customs Act if the good exported under this Permit is required to be reported under that Act.

CANCELLATION

 [Cancellation]

COMING INTO FORCE

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