Version of document from 2007-02-01 to 2007-02-21:

Export Control List

SOR/89-202

EXPORT AND IMPORT PERMITS ACT

Registration 1989-04-13

Export Control List

P.C. 1989-614 1989-04-13

Her Excellency the Governor General in Council, on the recommendation of the Secretary of State for External Affairs, pursuant to section 6 of the Export and Import Permits Act, is pleased hereby to revoke the Export Control List, C.R.C., c. 601, and, pursuant to section 3Footnote * of that Act, to establish the annexed Export Control List in substitution therefor.

INTERPRETATION

 The definitions in this section apply in this List.

“Guide”

“Guide” means A Guide to Canada’s Export Controls, published in December 2005 by the Department of Foreign Affairs and International Trade. (Guide)

“Wassenaar Arrangement”

“Wassenaar Arrangement” means The Wassenaar Arrangement on Export Controls for Conventional Arms and Dual-Use Goods and Technologies that was reached at the Plenary Meeting of representatives of 33 states in Vienna, Austria on July 11-12, 1996 and is described in the Initial Elements summarizing the conclusions of that meeting. (Entente de Wassenaar)

  • SOR/90-440, s. 1;
  • SOR/92-389, s. 1;
  • SOR/93-451, s. 1;
  • SOR/94-530, s. 1;
  • SOR/97-131, s. 1;
  • SOR/2003-52, s. 1;
  • SOR/2006-16, s. 1;
  • SOR/2006-196, s. 1.

GENERAL

 The following goods, when intended for export to the destinations specified, are subject to export control for the purposes set out in section 3 of the Export and Import Permits Act:

  • (a) goods referred to in Groups 1, 2, 6 and 7 of the schedule, except for goods set out in items 2-1, 2-2.a. and 2-2.b., 2-3, 2-4.a., 6-1, 6-2, 7-2, 7-3, 7-12 and 7-13 of the Guide, that are intended for export to any destination other than the United States;

  • (b) goods referred to in Groups 3 and 4 of the schedule and goods set out in items 2-1, 2-2.a. and 2-2.b., 2-3, 2-4.a., 6-1, 6-2, 7-3 and 7-13 of the Guide that are intended for export to any destination;

  • (c) any good referred to in Group 5 of the schedule that is intended for export to any destination referred to in the item of the schedule in which the good is described; and

  • (d) any good set out in items 7-2 and 7-12 of the Guide that is intended for export to any destination referred to in the item of the Guide in which the good is described.

  • SOR/90-440, s. 2;
  • SOR/91-573, s. 1;
  • SOR/92-389, s. 1;
  • SOR/97-131, s. 1;
  • SOR/98-248, s. 1;
  • SOR/2003-52, s. 2;
  • SOR/2006-16, s. 2.

SCHEDULE(Section 2)

GROUP 1DUAL USE

  • 1000. Goods, as described in Group 1 of the Guide, the export of which Canada has agreed to control in accordance with the Wassenaar Arrangement.

GROUP 2MUNITIONS

  • 2000. Goods, as described in Group 2 of the Guide, the export of which Canada has agreed to control in accordance with the Wassenaar Arrangement.

GROUP 3NUCLEAR NON-PROLIFERATION

  • 3000. Goods, as described in Group 3 of the Guide,

    • (a) the export of which Canada has agreed to control under the Treaty on the Non-Proliferation of Nuclear Weapons that was signed by Canada at London and Washington on July 23, 1968 and at Moscow on July 29, 1968 and that came into force for Canada on March 5, 1970; and

    • (b) the export of which Canada is committed to control in accordance with the procedures contained in Information Circular 254/Rev. 2/Part 1 of the International Atomic Energy Agency of October 1995;

    • (c) and (d[Repealed, SOR/2006-16, s. 3]

GROUP 4NUCLEAR-RELATED DUAL USE

  • 4000. Goods, as described in Group 4 of the Guide,

    • (a) the export of which Canada has agreed to control under the Treaty on the Non-Proliferation of Nuclear Weapons that was signed by Canada at London and Washington on July 23, 1968 and at Moscow on July 29, 1968 and that came into force for Canada on March 5, 1970; and

    • (b) the export of which Canada is committed to control in accordance with the procedures contained in Information Circular 254/Rev. 2/Part 2 of the International Atomic Energy Agency of October 1995.

GROUP 5MISCELLANEOUS GOODS

Medical Products

Pancreas Glands

  • 5000. [Repealed, SOR/97-19, s. 1]

  • 5001. Pancreas glands of cattle and calves. (All destinations)

Human Serum Albumin

  • 5011. Human serum albumin. (All destinations)

Forest Products

Logs

  • 5101. Logs of all species of wood. (All destinations)

Pulpwood

  • 5102. Pulpwood of all species of wood. (All destinations)

Red Cedar

  • 5103. Blocks, bolts, blanks, boards and any other material or product of red cedar that is suitable for use in the manufacture of shakes or shingles. (All destinations)

Softwood Lumber Products

    • 5104. (1) Softwood lumber products set out in Annex 1A to the softwood lumber agreement, excluding item 5(e).

    • (2) The references to the Harmonized Tariff Schedule of the United States (HTSUS) tariff classifications in Annex 1A to the softwood lumber agreement are to be read as references to the corresponding tariff classifications according to the Canadian Table of Concordance in Annex 1B to that agreement.

    • (3) The references to “imported” and “importation” in Annex 1A to the softwood lumber agreement are to be read as “exported” and “exportation”, respectively, and the reference to “importés” in Annex 1B to the French version of that agreement is to be read as “exportés”. (United States)

  • 5105. [Repealed, SOR/2007-14, s. 2]

Agricultural and Food Products

Peanut Butter

  • 5201. Peanut butter that is classified under tariff item No. 2008.11.10 in the List of Tariff Provisions set out in the schedule to the Customs Tariff. (All destinations)

Unprocessed Roe Herring

  • 5202. Roe herring from which the roe has not been extracted and that were caught in those parts of the following areas adjacent to the coast of British Columbia:

    • (a) the territorial sea of Canada as determined under section 4 of the Oceans Act;

    • (b) the internal waters of Canada as determined under section 6 of that Act; or

    • (c) the fishing zones of Canada as determined under section 16 of that Act and prescribed by regulations made under paragraph 25(b) of that Act. (All destinations)

Sugar-containing Products

  • 5203. Sugar-containing products that are classified under subheadings 1701.91.54, 1704.90.74, 1806.20.75, 1806.20.95, 1806.90.55, 1901.90.56, 2101.12.54, 2101.20.54, 2106.90.78 and 2106.90.95 of the Harmonized Tariff Schedule of the United States (1999) (United States International Trade Commission Pub. 2831, 19 U.S.C. § 1202 (1988)). (United States)

Sugars, Syrups and Molasses

  • 5204. Sugars, syrups and molasses that are classified under subheadings 1701.12.10, 1701.91.10, 1701.99.10, 1702.90.10 and 2106.90.44 of the Harmonized Tariff Schedule of the United States (1995) (United States International Trade Commission Pub. 2831, 19 U.S.C. § 1202 (1988)). (United States and U.S. Foreign Trade Zones)

  • 5300. [Repealed, SOR/92-389, s. 3]

Foreign Origin Goods

United States Origin Goods

  • 5400. All goods that originate in the United States, unless they are included elsewhere in this List, whether in bond or cleared by the Canada Border Services Agency, other than goods that have been further processed or manufactured outside the United States so as to result in a substantial change in value, form or use of the goods or in the production of new goods. (All destinations other than the United States)

Goods in Transit

  • 5401. All goods that originate outside Canada that are included in this List, whether in bond or cleared by the Canada Border Services Agency, other than goods that are in transit in bond on a through journey on a billing that originates outside Canada where the billing

    • (a) indicates that the ultimate destination of the goods is a country other than Canada; (All destinations other than the United States) and

    • (b) in the case of goods that are shipped from the United States, is accompanied by a certified true copy of the United States Shipper’s Export Declaration and that Declaration does not contain terms which conflict with those of the billing and is presented to the Canada Border Services Agency. (All destinations other than the United States)

Blinding Laser Weapons

  • 5500. [Repealed, SOR/2006-16, s. 8]

  • 5501. Laser weapons that are specifically designed, as their sole combat function or as one of their combat functions, to cause permanent blindness to the naked eye or the eye with corrective eyesight devices. (All destinations)

Nuclear Fusion Reactors

    • 5502. (1) Subject to subitem (2), systems, equipment, material, components, software and technology for use in research, development, design, testing, demonstration or training related to nuclear fusion or the construction and operation of a nuclear fusion reactor, including

      • (a) reactor assemblies incorporating toroidal and poloidal field coils;

      • (b) independent electrical and magnet power supply systems;

      • (c) high-power microwave radio frequency systems; and

      • (d) feedback, control and data acquisition systems. (All destinations)

    • (2) This item does not apply to data

      • (a) that is contained in published books or periodicals or that is otherwise available to the public; or

      • (b) that has been made available without restrictions on its further dissemination.

Anti-personnel Mines

Strategic Goods

    • 5504. (1) In this item, the terms “development”, “production”, “software”, “spacecraft”, “technology” and “use” have the same meaning as in the Wassenaar Arrangement.

    • (2) Strategic goods as follows:

      • (a) goods referred to in Group 1 of the Guide as follows, namely,

        • (i) global navigation satellite systems receiving equipment referred to in item 1-7.A.5 of the Guide, the associated software referred to in item 1-7.D of the Guide, and the associated technology referred to in item 1-7.E of the Guide, and

        • (ii) propulsion and space-related equipment referred to in items 1-9.A.4 to 1-9.A.11 of the Guide, the associated software referred to in item 1-9.D of the Guide, and the associated technology referred to in item 1-9.E of the Guide;

      • (b) software that is specially designed or modified for the development or use of the goods referred to in paragraphs (d) to (i);

      • (c) technology that is specially designed or modified for the development or production of the goods referred to in paragraphs (d) to (i);

      • (d) payloads specially designed or modified for spacecraft, and specially designed components therefor, other than payloads or components that are referred to in Group 1 of the Guide;

      • (e) ground control stations for telemetry and tracking and control of space launch vehicles or spacecraft, and specially designed components therefor;

      • (f) chemiluminescent compounds specially designed or modified for military use, and specially designed components therefor;

      • (g) radiation-hardened microelectronic circuits that meet or exceed all of the following, and specially designed components therefor, namely:

        • (i) a total dose of 5 × 105 Rads (SI),

        • (ii) a dose rate upset of 5 × 108 Rads (SI)/sec,

        • (iii) a neutron dose of 1 × 1014 N/cm2,

        • (iv) a single event upset of 1 × 10-7 or less error/bit/day, and

        • (v) single event latch-up free and having a dose rate latch-up of 5 × 108 Rads (SI)/sec or greater; (All destinations other than the United States)

      • (h) nuclear weapons design and test equipment, namely:

        • (i) any article, material, equipment or device which is specially designed or modified for use in the design, development or fabrication of nuclear weapons or nuclear explosive devices, (All destinations)

        • (ii) any article, material, equipment or device which is specially designed or modified for use in the devising, carrying out or evaluating of nuclear weapons tests or other nuclear explosions; (All destinations) and

      • (i) any other articles not specifically set out in paragraphs (a) to (h) or in Group 2 or Group 6 that are United States origin goods, which have been determined under Parts 120 to 130 of Title 22 of the International Traffic in Arms Regulations of the Code of Federal Regulations (United States) as having substantial military applicability, and which have been specially designed or modified for military purposes. (All destinations other than the United States)

Goods for Certain Uses

  • 5505. All goods not listed elsewhere in this List

    • (a) that are intended for use in

      • (i) the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons, or of materials or equipment that could be used in such weapons,

      • (ii) the development, production, handling, operation, maintenance or storage of missiles capable of delivering chemical, biological or nuclear weapons, or of materials or equipment that could be used in such missiles, or

      • (iii) any chemical, biological or nuclear weapons facility or missile facility; or

    • (b) in respect of which there are reasonable grounds to suspect that the goods are intended for use in

      • (i) the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of chemical, biological or nuclear weapons, or of materials or equipment that could be used in such weapons,

      • (ii) the development, production, handling, operation, maintenance or storage of missiles capable of delivering chemical, biological or nuclear weapons, or of materials or equipment that could be used in such missiles, or

      • (iii) any chemical, biological or nuclear weapons facility or missile facility. (All destinations other than Argentina, Australia, Austria, Belgium, Brazil, 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, Romania, the Russian Federation, the Slovak Republic, South Africa, Spain, Sweden, Switzerland, Ukraine, the United Kingdom, and the United States; provided that the final destination of the goods is one of these countries).

GROUP 6MISSILE TECHNOLOGY CONTROL REGIME

  • 6000. Goods, as described in Group 6 of the Guide, the export of which Canada has agreed to control under bilateral arrangements concluded on April 7, 1987, in accordance with the Guidelines for Sensitive Missile-Relevant Transfers, issued by the Missile Technology Control Regime to control the export of missile equipment and technology that could be used in the development of missile systems capable of delivering nuclear weapons.

GROUP 7CHEMICAL AND BIOLOGICAL WEAPONS NON-PROLIFERATION

  • 7000. Goods, as described in Group 7 of the Guide,

    • (a) the export of which Canada has agreed to control under a bilateral arrangement concluded December 24, 1992, between Canada and the United States, this arrangement having been made in accordance with the guidelines established by the Australia Group for the purpose of considering ways to limit the proliferation of chemical and biological weapons; and

    • (b) the export of which Canada has agreed to control under the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction, which was signed at Paris, France, on January 13, 1993.

GROUP 8[Repealed, SOR/2006-16, s. 11]

  • 8000. [Repealed, SOR/2006-16, s. 11]

  • SOR/90-168, s. 1;
  • SOR/90-440, ss. 3, 4(F), 5(E), 6(F), 7, 8(E), 9 to 11(F), 12, 13(F), 14, 15(F), 16;
  • SOR/91-98, s. 1;
  • SOR/91-491, s. 1;
  • SOR/91-658, s. 1;
  • SOR/91-662, s. 1;
  • SOR/92-389, ss. 2 to 5;
  • SOR/92-657, ss. 1(E), 2;
  • SOR/93-164, s. 1;
  • SOR/93-451, ss. 2, 3;
  • SOR/94-530, s. 2;
  • SOR/95-35, s. 1;
  • SOR/95-73, s. 1;
  • SOR/95-236, s. 1;
  • SOR/95-469, s. 1;
  • SOR/96-175, s. 1;
  • SOR/96-315, s. 1;
  • SOR/97-19, s. 1;
  • SOR/97-131, ss. 2, 3;
  • SOR/98-25, s. 1;
  • SOR/98-248, s. 2;
  • SOR/99-99, s. 1;
  • SOR/99-359, s. 1;
  • SOR/2001-33, s. 1;
  • SOR/2001-121, s. 1;
  • SOR/2002-86, s. 1;
  • SOR/2002-136, s. 1;
  • SOR/2002-153, s. 1;
  • SOR/2006-16, ss. 3 to 12;
  • SOR/2006-196, s. 2;
  • SOR/2007-14, ss. 1, 2.