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retrieving revision 1.12
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Excerpts from the Export Control List of Canada
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Export Control List
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Export Control List
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 following are excerpts from that List regarding the export of Cryptography from Canada.
-These are taken from the pamphlet titled A Guide to Canada's Export Controls available from
+These are taken from the pamphlet titled A Guide to Canada's Export Controls available from
International Trade Centers of the Gov't of Canada across the country.
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Group 1- International Industrial List
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.
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1000. General Technology Note
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1000. General Technology Note
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.
"Technology" "required" for the "development", "production" or "use" of a product under embargo remains under embargo even when applicable to any unembargoed product.
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.
- N.B.
+ N.B.
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".
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-This List does not embargo "software" which is either"
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General "Software" Note
+This List does not embargo "software" which is either"
Generally available to the public by being:
Sold from stock at retail selling points, without restriction, by means of:
Over-the-Counter transactions;
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Mail order transactions; or
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Telephone call transactions; and
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Mail order transactions; or
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Telephone call transactions; and
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Designed for installation by the user without further substantial support by the supplier; or
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Designed for installation by the user without further substantial support by the supplier; or
In the public domain".
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. . .
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. . .
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From the definitions of pp 49-55
"In the public domain"
As it applies to the International Lists, means "technology" or "software" which has been made available without restrictions upon its further dissemination.
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+ N.B. Copyright restrictions do not remove "technology" or "software" from being "in the public domain".
"Software"
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or "use" of a product. The information takes the form of "technical data"
or "technical assistance". Embargoed "technology" is defined in the
General Technology Note and in the International Industrial List.
-N.B.
+N.B.
"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.
"Technical assistance" may take forms such as instruction, skills, training, working knowledge, consulting services. "Technical assistance" may involve transfer of "technical data".
Note:
The embargo status of "information security" equipment, "software". systems.
application specific "assemblies", modules, integrated circuits, components or
functions is defined in this Category even if they are components or "assemblies"
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electrical or electronic means to detect surreptitious intrusion.
-Note:
+Note:
1151.d. does not embargo:
"Personalized smart cards" using "cryptography";
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"software", provided the decryption functions are not user-accessible.
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1152. Test, Inspection and Production Equipment
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1152. Test, Inspection and Production Equipment
Equipment specially designed for:
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"information security" functions embargoed by 1 151. or 1 154.
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1153. Materials
None
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1154. Software
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1154. Software
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"Software" specially designed or modified for the "development", "production"
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"Software" specially designed or modified for the "development", "production"
or "use" of equipment or "software" embargoed by 1151., 1 152. or 1154.;
"Software" specially designed or modified to support technology embargoed by
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-Note:
+Note:
1154. does not embargo:
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under the Note to 1151.
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1155. Technology
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1155. Technology
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Technology according to the General Technology Note for the "development", "production" or "use" of equipment or "software" embargoed by 1151., 1152.
or 1154.
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5400. All goods that originate in the United States, unless they are
included elsewhere in this List, whether in bond or cleared by
Canadian Customs, 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.
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With respect to this section, an introductory note in the Forward to the Guide states:
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Re-export of United States Origin Goods
United States origin goods are controlled for re-export from Canada under
Item 5400 of Group . Although this means that all non-strategic
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without the U.S. license, prior to issuance of a Canadian export permit.
Contact the Export Controls Division for more information.
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-Transcribed from the Canada's Export Controls Guide by
+Transcribed from the Canada's Export Controls Guide by
W. G. Unruh
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