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<TITLE> Excerpts from the Export Control List of Canada</TITLE> |
<title>Excerpts from the Export Control List of Canada</title> |
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<H1>Export Control List </H1> |
<h1>Export Control List </h1> |
The Canadian Export Control List controls the export of goods from Canada. Goods on the list require a license from the Minister of Foreign Affairs. It is promulgated under the authority of the Export and Import Control Act of Canada. |
The Canadian Export Control List controls the export of goods from Canada. Goods on the list require a license from the Minister of Foreign Affairs. It is promulgated under the authority of the Export and Import Control Act of Canada. |
<p> The following are excerpts from that List regarding the export of Cryptography from Canada. |
<p> The following are excerpts from that List regarding the export of Cryptography from Canada. |
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These are taken from the pamphlet titled <B>A Guide to Canada's Export Controls</B> available from |
These are taken from the pamphlet titled <b>A Guide to Canada's Export Controls</b> available from |
<a href=http://axion.physics.ubc.ca/ECL-locn.html>International Trade Centers of the Gov't of Canada </a> across the country. |
<a href=http://axion.physics.ubc.ca/ECL-locn.html>International Trade Centers of the Gov't of Canada </a> across the country. |
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<p>The following excerpts are taken from the Guide. |
<p>The following excerpts are taken from the Guide. |
<hr> |
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<H2> Group 1- International Industrial List</H2> |
<h2> Group 1- International Industrial List</h2> |
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<p><i> Definitions to the terms set out in quotations are listed in pages 49 to 55 of this Guide and apply in respect to this Group.</i> |
<p><i> Definitions to the terms set out in quotations are listed in pages 49 to 55 of this Guide and apply in respect to this Group.</i> |
<p> <h3> 1000. General Technology Note</h3> |
<p> <h3> 1000. General Technology Note</h3> |
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The export of "technology" which is "required" for the "development", "production" or "use" of a products embargoes in the International Industrial List is controlled according to the provisions in each Category. |
The export of "technology" which is "required" for the "development", "production" or "use" of a products embargoes in the International Industrial List is controlled according to the provisions in each Category. |
<p> "Technology" "required" for the "development", "production" or "use" of a product under embargo remains under embargo even when applicable to any unembargoed product. |
<p> "Technology" "required" for the "development", "production" or "use" of a product under embargo remains under embargo even when applicable to any unembargoed product. |
<p> Controls do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance, (checking) and repair of those products which are unembargoed or whose export has been authorised.<br> |
<p> Controls do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance, (checking) and repair of those products which are unembargoed or whose export has been authorised.<br> |
<B> N.B.</b><br> |
<b> N.B.</b><br> |
This does not release the repair "technology" embargoed by Category 1085.2.a Controls do not apply to "technology" "in the public domain" or to "basic scientific research". |
This does not release the repair "technology" embargoed by Category 1085.2.a Controls do not apply to "technology" "in the public domain" or to "basic scientific research". |
<a name=exempt><p><B>General "Software" Note</B></a><br> |
<a name=exempt><p><b>General "Software" Note</b></a><br> |
This List does not embargo "software" which is either"<br> |
This List does not embargo "software" which is either"<br> |
<OL TYPE=a> |
<ol type=a> |
<LI> Generally available to the public by being: |
<li> Generally available to the public by being: |
<OL> |
<ol> |
<LI> Sold from stock at retail selling points, without restriction, by means of: |
<li> Sold from stock at retail selling points, without restriction, by means of: |
<OL TYPE=a> |
<ol type=a> |
<LI> Over-the-Counter transactions; |
<li> Over-the-Counter transactions; |
<LI> Mail order transactions; <b>or</b> |
<li> Mail order transactions; <b>or</b> |
<LI> Telephone call transactions; <b>and</b> |
<li> Telephone call transactions; <b>and</b> |
</OL> |
</ol> |
<LI> Designed for installation by the user without further substantial support by the supplier; <b> or</b> |
<li> Designed for installation by the user without further substantial support by the supplier; <b> or</b> |
</OL> |
</ol> |
<LI> In the public domain". |
<li> In the public domain". |
</OL> |
</ol> |
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<center>.<br>.<br>.<br> </center> |
<center>.<br>.<br>.<br> </center> |
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<hr> |
<hr> |
<H2> From the definitions of pp 49-55</H2> |
<h2> From the definitions of pp 49-55</h2> |
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<DL><DT>"In the public domain" |
<dl><dt>"In the public domain" |
<DD>As it applies to the International Lists, means "technology" or "software" which has been made available without restrictions upon its further dissemination.<BR> |
<dd>As it applies to the International Lists, means "technology" or "software" which has been made available without restrictions upon its further dissemination.<br> |
<b> N.B.</b><br> |
<b> N.B.</b><br> |
<i>Copyright restrictions do not remove "technology" or "software" from being "in the public domain".</i> |
<i>Copyright restrictions do not remove "technology" or "software" from being "in the public domain".</i> |
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<DT> "Software" |
<dt> "Software" |
<DD>A collection of one or more "programmes" or "microprogrammes" fixed in any tangible medium of expression. |
<dd>A collection of one or more "programmes" or "microprogrammes" fixed in any tangible medium of expression. |
<DT> "Technology" |
<dt> "Technology" |
<DD>Specific information necessary for the "development", "production" |
<dd>Specific information necessary for the "development", "production" |
or "use" of a product. The information takes the form of "technical data" |
or "use" of a product. The information takes the form of "technical data" |
or "technical assistance". Embargoed "technology" is defined in the |
or "technical assistance". Embargoed "technology" is defined in the |
General Technology Note and in the International Industrial List.<br> |
General Technology Note and in the International Industrial List.<br> |
<b>N.B.</b><br> |
<b>N.B.</b><br> |
<OL><LI> "Technical data" may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. |
<ol><li> "Technical data" may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories. |
<LI> "Technical assistance" may take forms such as instruction, skills, training, working knowledge, consulting services. "Technical assistance" may involve transfer of "technical data". |
<li> "Technical assistance" may take forms such as instruction, skills, training, working knowledge, consulting services. "Technical assistance" may involve transfer of "technical data". |
</OL> |
</ol> |
</DL> |
</dl> |
<HR> |
<hr> |
<a name=1150><H2> 1150. Information Security</H2></a> |
<a name=1150><h2> 1150. Information Security</h2></a> |
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<p> <b> Note:</b><br> |
<p> <b> Note:</b><br> |
The embargo status of "information security" equipment, "software". systems. |
The embargo status of "information security" equipment, "software". systems. |
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functions is defined in this Category even if they are components or "assemblies" |
functions is defined in this Category even if they are components or "assemblies" |
of other equipment. |
of other equipment. |
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<H3> 1151. Equipment, Assemblies and Components</H3> |
<h3> 1151. Equipment, Assemblies and Components</h3> |
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<p> Systems, equipment, application specific "assemblies", modules or integrated circuits |
<p> Systems, equipment, application specific "assemblies", modules or integrated circuits |
for "information security", as follows, and other specially designed components |
for "information security", as follows, and other specially designed components |
therefor: |
therefor: |
<OL TYPE=a> |
<ol type=a> |
<LI> Designed or modified to use "cryptography" employing digital techniques |
<li> Designed or modified to use "cryptography" employing digital techniques |
ensure "information security"; |
ensure "information security"; |
<LI> Designed or modified to perform cryptanalytic functions; |
<li> Designed or modified to perform cryptanalytic functions; |
<LI> Designed or modified to use "cryptography" employing analogue techniques to |
<li> Designed or modified to use "cryptography" employing analogue techniques to |
ensure "information security", except: |
ensure "information security", except: |
<OL> |
<ol> |
<LI> Equipment using "fixed" band scrambling not exceeding 8 bands and in |
<li> Equipment using "fixed" band scrambling not exceeding 8 bands and in |
which the transpositions change not more frequently than once every |
which the transpositions change not more frequently than once every |
second; |
second; |
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<LI> Equipment using "fixed" band scrambling exceeding 8 bands and in which |
<li> Equipment using "fixed" band scrambling exceeding 8 bands and in which |
the transpositions change not more frequently than once every ten |
the transpositions change not more frequently than once every ten |
seconds; |
seconds; |
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<LI> Equipment using "fixed" frequency inversion and in which the |
<li> Equipment using "fixed" frequency inversion and in which the |
transpositions change not more frequently than once every second; |
transpositions change not more frequently than once every second; |
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<LI> Facsimile equipment; |
<li> Facsimile equipment; |
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<LI> Restricted audience broadcast equipment; |
<li> Restricted audience broadcast equipment; |
<LI> Civil television equipment; |
<li> Civil television equipment; |
</OL> |
</ol> |
<LI> Designed or modified to suppress the compromising emanations of |
<li> Designed or modified to suppress the compromising emanations of |
information-bearing signals;<br> |
information-bearing signals;<br> |
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<b>Note:</b><BR> |
<b>Note:</b><br> |
1151.d. does not embargo equipment specially designed to suppress |
1151.d. does not embargo equipment specially designed to suppress |
emanations for health or safety reasons. |
emanations for health or safety reasons. |
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<LI> Designed or modified to use cryptographic techniques to generate the spreading |
<li> Designed or modified to use cryptographic techniques to generate the spreading |
code for "spread spectrum" or the hopping code for "frequency agility" systems; |
code for "spread spectrum" or the hopping code for "frequency agility" systems; |
<LI> Designed or modified to provide certified or certifiable "multilevel security" or |
<li> Designed or modified to provide certified or certifiable "multilevel security" or |
user isolation at a level exceeding Class B2 of the Trusted Computer System |
user isolation at a level exceeding Class B2 of the Trusted Computer System |
Evaluation Criteria (TCSEC) or equivalent; |
Evaluation Criteria (TCSEC) or equivalent; |
<LI> Communications cable systems designed or modified using mechanical, |
<li> Communications cable systems designed or modified using mechanical, |
electrical or electronic means to detect surreptitious intrusion. |
electrical or electronic means to detect surreptitious intrusion. |
</OL><br> |
</ol><br> |
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<B>Note:</B><BR> |
<b>Note:</b><br> |
1151.d. does not embargo: |
1151.d. does not embargo: |
<OL TYPE=a> |
<ol type=a> |
<LI> "Personalized smart cards" using "cryptography"; |
<li> "Personalized smart cards" using "cryptography"; |
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<LI> Equipment containing "fixed" data compression or coding techniques; |
<li> Equipment containing "fixed" data compression or coding techniques; |
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<LI> Receiving equipment for radio broadcast, pay television or similar restricted |
<li> Receiving equipment for radio broadcast, pay television or similar restricted |
audience television of the consumer type, without digital encryption and where |
audience television of the consumer type, without digital encryption and where |
digital decryption is limited to the video, audio or management functions; |
digital decryption is limited to the video, audio or management functions; |
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<LI> Portable (personal) or mobile radiotelephones for civil use, e.g. for use with |
<li> Portable (personal) or mobile radiotelephones for civil use, e.g. for use with |
commercial civil cellular radiocommunications systems, containing encryption, |
commercial civil cellular radiocommunications systems, containing encryption, |
when accompanying their users; |
when accompanying their users; |
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<LI> Decryption functions specially designed to allow the execution of copy-protected |
<li> Decryption functions specially designed to allow the execution of copy-protected |
"software", provided the decryption functions are not user-accessible. |
"software", provided the decryption functions are not user-accessible. |
</OL> |
</ol> |
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<p><H3>1152. Test, Inspection and Production Equipment</H3> |
<p><h3>1152. Test, Inspection and Production Equipment</h3> |
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<OL TYPE=a><LI> Equipment specially designed for: |
<ol type=a><li> Equipment specially designed for: |
<OL> |
<ol> |
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<LI> The development of equipment or tunctions embargoed by 1151., 1152., |
<li> The development of equipment or tunctions embargoed by 1151., 1152., |
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1154. or 1155., including measuring or test equipment; |
1154. or 1155., including measuring or test equipment; |
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<LI>The production of equipment or functions embargoed by 1151., 1152., |
<li>The production of equipment or functions embargoed by 1151., 1152., |
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1154. or 1155., including measuring, test, repair or production equipment; |
1154. or 1155., including measuring, test, repair or production equipment; |
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</OL> |
</ol> |
<LI> Measuring equipment specially designed to evaluate and validate the |
<li> Measuring equipment specially designed to evaluate and validate the |
"information security" functions embargoed by 1 151. or 1 154. |
"information security" functions embargoed by 1 151. or 1 154. |
</OL> |
</ol> |
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<p> |
<p> |
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<H3>1153. Materials</H3> |
<h3>1153. Materials</h3> |
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<p> None |
<p> None |
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<P><H3>1154. Software</H3> |
<p><h3>1154. Software</h3> |
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<OL TYPE=a> |
<ol type=a> |
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<LI TYPE=a> "Software" specially designed or modified for the "development", "production" |
<li type=a> "Software" specially designed or modified for the "development", "production" |
or "use" of equipment or "software" embargoed by 1151., 1 152. or 1154.; |
or "use" of equipment or "software" embargoed by 1151., 1 152. or 1154.; |
<LI> "Software" specially designed or modified to support technology embargoed by |
<li> "Software" specially designed or modified to support technology embargoed by |
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1155.; |
1155.; |
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<LI> Specific "software" as follows: |
<li> Specific "software" as follows: |
<OL> |
<ol> |
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<LI> "Software" having the characteristics, or performing or simulating the |
<li> "Software" having the characteristics, or performing or simulating the |
functions of the equipment embargoed by 1151. or 1152.; |
functions of the equipment embargoed by 1151. or 1152.; |
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<LI> "Software" to certify "software" embargoed by 1154.c.1 .; |
<li> "Software" to certify "software" embargoed by 1154.c.1 .; |
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<LI> "Software" designed or modified to protect against malicious computer |
<li> "Software" designed or modified to protect against malicious computer |
damage, e.g. viruses. |
damage, e.g. viruses. |
</OL> |
</ol> |
</OL> |
</ol> |
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<B>Note:</B><BR> |
<b>Note:</b><br> |
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1154. does not embargo: |
1154. does not embargo: |
<OL TYPE=a> |
<ol type=a> |
<LI> "Software" required for the "use" of equipment excluded from embargo under |
<li> "Software" required for the "use" of equipment excluded from embargo under |
the Note to 1151.; |
the Note to 1151.; |
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<LI> "Software" providing any of the functions of equipment excluded from embargo |
<li> "Software" providing any of the functions of equipment excluded from embargo |
under the Note to 1151. |
under the Note to 1151. |
</OL> |
</ol> |
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<p> <H3> 1155. Technology</H3><BR> |
<p> <h3> 1155. Technology</h3><br> |
Technology according to the General Technology Note for the "development", "production" or "use" of equipment or "software" embargoed by 1151., 1152. |
Technology according to the General Technology Note for the "development", "production" or "use" of equipment or "software" embargoed by 1151., 1152. |
or 1154. |
or 1154. |
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<HR> |
<hr> |
<H2><A NAME=US>Group 5- Miscellaneous Goods</a></H2> |
<h2><a name=US>Group 5- Miscellaneous Goods</a></h2> |
<center> .<br>.<br>.<br></center> |
<center> .<br>.<br>.<br></center> |
<H3> United States Origin Goods</H3> |
<h3> United States Origin Goods</h3> |
<p><b> |
<p><b> |
5400. All goods that originate in the United States, unless they are |
5400. All goods that originate in the United States, unless they are |
included elsewhere in this List, whether in bond or cleared by |
included elsewhere in this List, whether in bond or cleared by |
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<p> With respect to this section, an introductory note in the Forward to the Guide states: |
<p> With respect to this section, an introductory note in the Forward to the Guide states: |
<UL> |
<ul> |
<H3> Re-export of United States Origin Goods</H3> |
<h3> Re-export of United States Origin Goods</h3> |
United States origin goods are controlled for re-export from Canada under |
United States origin goods are controlled for re-export from Canada under |
Item 5400 of Group . Although this means that all non-strategic |
Item 5400 of Group . Although this means that all non-strategic |
U.S. origin goods require an export permit, exporters may benefit, |
U.S. origin goods require an export permit, exporters may benefit, |
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without the U.S. license, prior to issuance of a Canadian export permit. |
without the U.S. license, prior to issuance of a Canadian export permit. |
Contact the Export Controls Division for more information. |
Contact the Export Controls Division for more information. |
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</UL> |
</ul> |
<HR> |
<hr> |
Transcribed from the <B>Canada's Export Controls</B> Guide by |
Transcribed from the <b>Canada's Export Controls</b> Guide by |
<a href=mailto:unruh@physics.ubc.ca>W. G. Unruh</a> |
<a href=mailto:unruh@physics.ubc.ca>W. G. Unruh</a> |
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