General Export Permit No. 45 — Cryptography for the Development or Production of a Product (SOR/2012-160)

Interpretation

• 1 (1) The following definitions apply in this Permit.

  controlled

  controlled means controlled in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement or arrangement, the ownership of any corporation or otherwise. (contrôlé)

  designated country

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

  entity

  entity means a corporation, a trust, a partnership, a fund or an unincorporated association or organization. (entité)

  Export Controls Division

  Export Controls Division means the Export Controls Division of the Department of Foreign Affairs and International Trade. (Direction des contrôles à l’exportation)

  government of a foreign country

  government of a foreign country includes

  • (a) the government of any political subdivision of a foreign country;

  • (b) any agent or agency of a government of a foreign country or its political subdivisions; and

  • (c) any entity controlled by a government of a foreign country or its political subdivisions. (gouvernement étranger)

  Guide

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

  ineligible destination

  ineligible destination means Afghanistan, Belarus, Burma (Myanmar), Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea, Eritrea, Guinea, Iran, Iraq, Lebanon, Liberia, Libya, Pakistan, Sierra Leone, Syria, Sudan or Zimbabwe. (destination inadmissible)

• (2) In this Permit, “development”, “information security”, “production”, “software” and “use” have the same meaning as in the Guide under the heading “Definitions of Terms Used in Groups 1 and 2”.

General

2 Subject to sections 4 and 5 any resident of Canada may, under this Permit, export or transfer from Canada to a designated country

• (a) any good referred to in item 1-5.A.2. or 1-5.A.3. of the Guide, other than a good that is referred to in item

  • (i) 1-5.A.2.c., or

  • (ii) 1-5.A.3.b.;

• (b) any good referred to in item 1-5.B.2. of the Guide, other than a good that

  • (i) is used in the development or production of a good referred to in any of subparagraphs (a)(i) to (iii) or (b)(ii), or

  • (ii) is specially designed to evaluate and validate the information security functions of a good referred to in any of subparagraphs (a)(i) to (iii) or (c)(i) to (iii);

• (c) any good referred to in item 1-5.D.2. of the Guide, other than software that

  • (i) is used in the development, production or use of a good referred to in any of subparagraphs (a)(i) to (iii) or (c)(ii) or (iii),

  • (ii) has the characteristics of a good referred to in any of subparagraphs (a)(i) to (iii) or that performs or simulates the functions of any of those goods,

  • (iii) certifies software referred to in subparagraph (ii); and

  • (iv) is specially designed or modified to support technology used in the development, production or use of a good referred to in any of subparagraphs (a)(i) to (iii), (b)(i) or (ii) or (c)(i) to (iii).

• (d) any technology referred to in item 1-5.E.2. of the Guide, other than a technology that is used in the development, production or use of a good referred to in any of subparagraphs (a)(i) to (iii), (b)(i) or (ii) or (c)(i) to (iii).

3 Subject to sections 4 and 5, a good or technology that may be exported or transferred under section 2 may be exported or transferred by a resident of Canada under this Permit to any country, other than a country that is an ineligible destination, if the export or transfer is made to a consignee that is controlled by

• (a) a resident of Canada;

• (b) an individual, other than an individual acting on behalf of a foreign country, who ordinarily resides in a designated country; or

• (c) an entity, other than the government of a foreign country, that has its head office in a designated country.

• 4 (1) This Permit does not authorize export or transfer to

  • (a) a country that is an ineligible destination;

  • (b) a country that is listed in the Area Control List;

  • (c) a country in respect of which there is an order or regulation made under section 4 of the Special Economic Measures Act or section 2 of the United Nations Act; or

  • (d) a government of a foreign country.

• (2) This Permit does not authorize the export or transfer of a good or technology that

  • (a) is intended for any use other than the development or production of a product;

  • (b) is used in the development or production of a product that is being developed for, or under contract with, the Government of Canada;

  • (c) is used in the development or production of a product that is intended for the exclusive use of a government of a foreign country; or

  • (d) is also referred to in any item of the Guide other than the items referred to in section 2, unless the export or transfer of the goods or technology is also authorized by another export permit issued under subsection 7(1.1) of the Export and Import Permits Act.

Other Conditions

5 A person who exports or transfers under this Permit must

• (a) provide the following information in writing to the Export Controls Division before making their first export or transfer in a calendar year under this Permit:

  • (i) their name, address, telephone number, facsimile number and email address,

  • (ii) if the person that exports or transfers is a corporation, the business number assigned to the corporation by the Minister of National Revenue and the name of a contact person and their address, telephone number, facsimile number and email address, and

  • (iii) a description of the product whose production or development will be facilitated by the export or transfer;

• (b) insert the term “GEP-45” or “LGE-45” in the appropriate field of the form prescribed under the Customs Act if the good exported is required to be reported under that Act;

• (c) provide to the Export Controls Division, within 15 days after receipt of its request, the records referred to in paragraph (e) in respect of any export or transfer made during the period specified in the request;

• (d) provide to the Export Controls Division, before January 31, the records referred to in subparagraphs (e)(ii) and (iii) in respect of any export or transfer made during the previous calendar year; and

• (e) retain the following records for a period of six years after the year in which any export or transfer is made:

  • (i) the item number of the Guide which describes the good or technology,

  • (ii) the name and any version number used to identify the good or technology,

  • (iii) a description of the product whose development or production is facilitated by the export or transfer, including the name and any version number used to identify the product,

  • (iv) the estimated value of the export or transfer and, in the case of a good or technology that can be quantified, the quantity of the export or transfer,

  • (v) the following information in respect of the good or technology:

    • (A) their cryptographic algorithms and the key sizes employed,

    • (B) the function performed by the cryptographic algorithms, and

    • (C) a description of how the keys are generated and managed,

  • (vi) the date of the export or transfer, if it is known to the person who exports or transfers, and

  • (vii) the consignee’s name, address, telephone number, facsimile number and email address.

Coming into Force

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