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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> |
<h2>Export Control List </h2> |
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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 <cite>A Guide to Canada's Export Controls</cite> available from |
<a href="https://web.archive.org/web/20180128032722/http://axion.physics.ubc.ca/ECL.html">International Trade Centers of the Gov't of Canada </a> across the country. |
<a href="https://web.archive.org/web/20180128032722/http://axion.physics.ubc.ca/ECL.html">International Trade Centers of the Gov't of Canada </a> across the country. |
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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> |
<h3> 1000. General Technology Note</h3> |
<p> |
<p> |
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> |
<strong> N.B.</strong><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> |
<h4 id=exempt>General "Software" Note</h4> |
This List does not embargo "software" which is either"<br> |
This List does not embargo "software" which is either" |
<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; <strong>or</strong> |
<li> Telephone call transactions; <b>and</b> |
<li> Telephone call transactions; <strong>and</strong> |
</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; <strong> or</strong> |
</ol> |
</ol> |
<li> In the public domain". |
<li> In the public domain". |
</ol> |
</ol> |
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<center>.<br>.<br>.<br> </center> |
<p style="text-align:center">.<br>.<br>. |
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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> |
<strong> N.B.</strong><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" |
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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> |
<strong>N.B.</strong><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> |
<h2 id=1150> 1150. Information Security</h2> |
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<p> <b> Note:</b><br> |
<p> <strong> Note:</strong><br> |
The embargo status of "information security" equipment, "software". systems. |
The embargo status of "information security" equipment, "software". systems. |
application specific "assemblies", modules, integrated circuits, components or |
application specific "assemblies", modules, integrated circuits, components or |
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" |
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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> |
<strong>Note:</strong><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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"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> |
<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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"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> |
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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> |
<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> "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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</ol> |
</ol> |
</ol> |
</ol> |
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<b>Note:</b><br> |
<strong>Note:</strong><br> |
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1154. does not embargo: |
1154. does not embargo: |
<ol type=a> |
<ol type=a> |
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under the Note to 1151. |
under the Note to 1151. |
</ol> |
</ol> |
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<p> <h3> 1155. Technology</h3><br> |
<h3> 1155. Technology</h3> |
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<p> |
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 id=US>Group 5- Miscellaneous Goods</h2> |
<center> .<br>.<br>.<br></center> |
<p style="text-align:center">.<br>.<br>. |
<h3> United States Origin Goods</h3> |
<h3> United States Origin Goods</h3> |
<p><b> |
<p><em> |
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 |
Canadian Customs, other than goods that have been further |
Canadian Customs, other than goods that have been further |
processed or manufactured outside the United States so as to |
processed or manufactured outside the United States so as to |
result in a substantial change in value, form or use of the |
result in a substantial change in value, form or use of the |
goods or in the production of new goods. |
goods or in the production of new goods. |
</b><br> |
</em> |
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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> |
<blockquote> |
<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 |
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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> |
</blockquote> |
<hr> |
<hr> |
Transcribed from the <b>Canada's Export Controls</b> Guide by |
Transcribed from the <cite>Canada's Export Controls</cite> 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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