Export Control List (SOR/89-202)

Regulations are current to 2014-10-15 and last amended on 2014-05-23. Previous Versions

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 following definitions apply in this List.

“Guide”

“Guide” means A Guide to Canada’s Export Controls – December 2012, published by the Department of Foreign Affairs, Trade and Development. (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 in Vienna, Austria on July 11–12, 1996 and amended by WA-LIST (12) 1, 12-12-2012 at the Plenary meeting held on December 11–12, 2012. (Accord 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;
  • SOR/2007-45, s. 1;
  • SOR/2009-128, s. 2;
  • SOR/2011-320, s. 1;
  • SOR/2013-12, s. 1;
  • SOR/2014-90, s. 1.

GENERAL

 The following goods and technology, 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 and technology referred to in Groups 1, 2, 6, and 7 of the schedule, except for goods and technology 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 and technology referred to in Groups 3 and 4 of the schedule and goods and technology 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) goods and technology referred to in Group 5 of the schedule that are intended for export to any destination referred to in the item of the schedule in which the goods or technology is described; and

  • (d) goods and technology set out in items 7-2 and 7-12 of the Guide that are intended for export to any destination referred to in the item of the Guide in which the goods or technology 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;
  • SOR/2009-128, s. 3.

SCHEDULE(Section 2)

GROUP 1DUAL USE

Goods and technology, 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

The following goods and technology:

  • (a) goods and technology, as described in Group 2 of the Guide, the export of which Canada has agreed to control in accordance with the Wassenaar Arrangement and the Inter-American Convention Against the Illicit Manufacturing of and Trafficking in Firearms, Ammunition, Explosives and other Related Materials; and

  • (b) firearms described in item 2-1.e. of the Guide.

GROUP 3NUCLEAR NON-PROLIFERATION

Goods and technology, as described in Group 3 of the Guide, the export of which Canada has agreed to control

  • (a) 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) in accordance with the procedures referred to in the Information Circular INFCIRC/254/Rev.11/Part 1 of the International Atomic Energy Agency of November 12, 2012.

GROUP 4NUCLEAR-RELATED DUAL USE

Goods and technology, as described in Group 4 of the Guide, the export of which Canada has agreed to control

  • (a) 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) in accordance with the procedures referred to in Information Circular INFCIRC/254/Rev.8/Part 2 of the International Atomic Energy Agency of June 30, 2010.

GROUP 5MISCELLANEOUS GOODS AND TECHNOLOGY

Medical Products

Pancreas Glands

  • 5000. [Repealed, SOR/97-19, s. 1]

  • 5001. [Repealed, SOR/2011-320, s. 4]

  • 5011. [Repealed, SOR/2011-320, s. 5]

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). (United States)

    • (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”.

  • 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)

  • 5202. [Repealed, SOR/2013-12, s. 2]

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 and Technology

United States Origin Goods and Technology

  • 5400. All goods and technology of United States origin, unless they are included elsewhere in this List, whether in bond or cleared by the Canada Border Services Agency, other than goods or technology 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 technology or in the production of new goods or technology. (All destinations other than the United States)

Goods and Technology in Transit

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

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

    • (b) in the case of goods or technology 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 that 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; (All destinations)

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

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

  • 5504.
    • (1) In this item, “development”, “production”, “software”, “spacecraft”, “technology” and“use” have the same meaning as in the provision entitled “Definitions for Terms in Groups 1 and 2” of the Guide.

    • (2) Strategic goods and technology as follows:

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

        • (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 (All destinations other than the United States), 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; (All destinations other than the United States)

      • (b) software that is specially designed or modified for the development or use of the goods or technology referred to in paragraphs (d) to (i); (All destinations other than the United States)

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

      • (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; (All destinations other than the United States)

      • (e) ground control stations for telemetry and tracking and control of space launch vehicles or spacecraft, and specially designed components therefor; (All destinations other than the United States)

      • (f) chemiluminescent compounds specially designed or modified for military use, and specially designed components therefor; (All destinations other than the United States)

      • (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 or technology, 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 in the United States)

Goods and Technology for Certain Uses

  • 5505.
    • (1) Goods and technology whether or not included elsewhere on the List if their properties and any information made known to the exporter by any intermediary or final consignee or from any other source would lead a reasonable person to suspect that they will be used

      • (a) in the development, production, handling, operation, maintenance, storage, detection, identification or dissemination of

        • (i) chemical or biological weapons,

        • (ii) nuclear explosive or radiological dispersal devices, or

        • (iii) materials or equipment that could be used in such weapons or devices;

      • (b) in the development, production, handling, operation, maintenance or storage of

        • (i) missiles or other systems capable of delivering chemical or biological weapons or nuclear explosive or radiological dispersal devices, or

        • (ii) materials or equipment that could be used in such missiles or systems; or

      • (c) in any facility used for any of the activities described in paragraphs (a) and (b).

    • (2) Goods and technology whether or not included elsewhere on the List if the Minister has determined, on the basis of their properties and any additional information relating to such matters as their intended end-use or the identity or conduct of their intermediary or final consignees, that they are likely to be used in the activities or facilities referred to in subitem (1).

    • (3) Subitem (1) applies to goods and technology intended for export to all destinations unless

      • (a) they are intended for end-use in 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;

      • (b) their intermediary consignees, if any, are located in those countries; and

      • (c) their final consignee is located in one of those countries.

    • (4) Subitem (2) applies to goods and technology intended for export to all destinations.

GROUP 6MISSILE TECHNOLOGY CONTROL REGIME

Goods and technology, 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 referred to in the MTCR/TEM/2012/Annex that was adopted at the Plenary meeting held on October 24–26, 2012.

GROUP 7CHEMICAL AND BIOLOGICAL WEAPONS NON-PROLIFERATION

Goods and technology, as described in Group 7 of the Guide, the export of which Canada has agreed to control

  • (a) under a bilateral arrangement concluded on December 24, 1992, between Canada and the United States, this arrangement having been made in accordance with the Australia Group 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 was amended at the Plenary meeting held on June 11–15, 2012; 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, ss. 2, 3;
  • 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;
  • SOR/2009-128, ss. 4 to 17;
  • SOR/2011-67, s. 1;
  • SOR/2011-320, ss. 2 to 7;
  • SOR/2013-12, ss. 2 to 4;
  • SOR/2014-90, ss. 2 to 5.