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A Guide to Export Controls

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A Guide to Export Controls Foreign Affairs, Trade and Affaires étrangères, Commerce et Development Canada Développment Canada A Guide To CANADA’S EXPORT CONTROLS December 2012 Introduction The issuance of export permits is administered by the Export Controls Division (TIE) of Foreign Affairs, Trade and Development Canada (DFATD). TIE provides assistance to exporters in determining if export permits are required. It also publishes brochures and Notices to Exporters that are freely available on request and on our website www.exportcontrols.gc.ca. How to contact us: Export Controls Division (TIE) Foreign Affairs, Trade and Development Canada 111 Sussex Drive Ottawa, Ontario K1A 0G2 Telephone: (613) 996-2387 Facsimile: (613) 996-9933 Email: [email protected] For information on how to apply for an export permit and additional information on export controls please refer to our website. To enquire on the status of an export permit application: Recognized EXCOL users can check the status of an export permit application on-line. Non-recognized users can call (613) 996-2387 or email [email protected] and quote your export permit application identification (ref ID) number. Export Controls Division website: www.exportcontrols.gc.ca This Guide, at time of publication, encompasses the list of items enumerated on the Export Control List (ECL) that are controlled for export in accordance with Canadian foreign policy, including Canada’s participation in multilateral export control regimes and bilateral agreements. Unless otherwise specified, the export controls contained in this Guide apply to all destinations except the United States. Canada’s Export Control List can be found at the Department of Justice website at http://canada.justice.gc.ca/. The most recent versions of each multilateral export control regime’s control lists included in the ECL are: Export Control Regimes Latest Controls Incorporated into ECL Wassenaar Arrangement December 2012 Nuclear Suppliers Group November 2012 Missile Technology Control Regime October 2012 Australia Group June 2012 A Guide to Canada’s Export Controls – December 2012 Table of Contents Group 1 – Dual-Use List ........................................................................................................... 1 List – “Explosives”................................................................................................................ 21 Table - Deposition Techniques ............................................................................................... 34 Group 2 – Munitions List ...................................................................................................... 145 Definitions of Terms Used in Groups 1 and 2 ....................................................................... 173 Acronyms and Abbreviations Used in Groups 1 and 2 .......................................................... 192 Group 3 – Nuclear Non-Proliferation List ............................................................................ 196 Group 4 – Nuclear-Related Dual-Use List ............................................................................ 226 Definitions of Terms Used in Groups 3 and 4 ....................................................................... 251 Group 5 – Miscellaneous Goods and Technology ................................................................. 255 Group 6 – Missile Technology Control Regime List ............................................................. 259 Group 6 – Definitions .......................................................................................................... 291 Group 6 – Terminology ....................................................................................................... 296 Units, Constants, Acronyms and Abbreviations Used in Group 6 .......................................... 297 Table of Conversions Used in Group 6 ................................................................................. 298 Group 7 – Chemical and Biological Weapons Non-Proliferation List .................................. 299 Group 7 – Definitions .......................................................................................................... 317 Index ...................................................................................................................................... 319 A Guide to Canada’s Export Controls – December 2012 Group 1 – Dual-Use List - Category 1: Special Materials and Related Equipment GROUP 1 – DUAL-USE LIST Note 1: Terms in “quotations” are defined terms. Refer to ‘Definitions of Terms used in these Lists’ annexed to this List, at the end of Group 2. References to the “Dual-Use List” and “Munitions Lists” within Groups 1 and 2 refer to the “Group 1 – Dual-Use List” and the “Group 2 – Munitions List” respectively. Note 2: In some instances chemicals are listed by name and CAS number. The list applies to chemicals of the same structural formula (including hydrates) regardless of name or CAS number. CAS numbers are shown to assist in identifying a particular chemical or mixture, irrespective of nomenclature. CAS numbers cannot be used as unique identifiers because some forms of the listed chemical have different CAS numbers and mixtures containing a listed chemical may also have different CAS numbers. GENERAL TECHNOLOGY NOTE: The export of “technology” which is “required” for the “development”, “production” or “use” of items controlled in the Dual-Use List is controlled according to the provisions in each Category. This “technology” remains under control even when applicable to any uncontrolled item. Controls do not apply to that “technology” which is the minimum necessary for the installation, operation, maintenance (checking) and repair of those items which are not controlled or whose export has been authorised. Note: This does not release such “technology” controlled in entries 1-1.E.2.e. and 1-1.E.2.f. and 1-8.E.2.a. and 1-8.E.2.b. Controls do not apply to “technology” “in the public domain”, to “basic scientific research” or to the minimum necessary information for patent applications. GENERAL SOFTWARE NOTE: The Lists do not control “software” which is any of the following: 1. Generally available to the public by being: a. Sold from stock at retail selling points, without restriction, by means of: 1. Over-the-counter transactions; 2. Mail order transactions; 3. Electronic transactions; or 4. Telephone call transactions; and b. Designed for installation by the user without further substantial support by the supplier; or Note: Entry 1 of the General Software Note does not release “software” controlled by Category 5, Part 2 (“Information Security”). 2. “In the public domain”; or 3. The minimum necessary "object code" for the installation, operation, maintenance (checking) or repair of those items whose export has been authorised. A Guide to Canada’s Export Controls – December 2012 1 Group 1 – Dual-Use List - Category 1: Special Materials and Related Equipment Note: Entry 3 of the General Software Note does not release "software" controlled by Category 5 - Part 2 ("Information Security"). CATEGORY 1: SPECIAL MATERIALS AND RELATED EQUIPMENT 1-1.A. SYSTEMS, EQUIPMENT AND COMPONENTS 1-1.A.1. Components made from fluorinated compounds, as follows: a. Seals, gaskets, sealants or fuel bladders, specially designed for “aircraft” or aerospace use, made from more than 50 % by weight of any of the materials specified by 1-1.C.9.b. or 1-1.C.9.c.; b. Piezoelectric polymers and copolymers, made from vinylidene fluoride (CAS 75-38-7) materials, specified by 1-1.C.9.a., having all of the following: 1. In sheet or film form; and 2. With a thickness exceeding 200 µm; c. Seals, gaskets, valve seats, bladders or diaphragms, having all of the following: 1. Made from fluoroelastomers containing at least one vinylether group as a constitutional unit; and 2. Specially designed for “aircraft”, aerospace or missile use. 1-1.A.2. “Composite” structures or laminates, having any of the following: a. Consisting of an organic “matrix” and materials specified by 1-1.C.10.c., 1-1.C.10.d. or 1-1.C.10.e.; or b. Consisting of a metal or carbon “matrix”, and any of the following: 1. Carbon “fibrous or filamentary materials” having all of the following: a. A “specific modulus” exceeding 10.15 x 106 m; and b. A “specific tensile strength” exceeding 17.7 x 104 m; or 2. Materials specified by 1-1.C.10.c. Note 1: 1-1.A.2. does not apply to composite structures or laminates, made from epoxy resin impregnated carbon “fibrous or filamentary materials”, for the repair of “civil aircraft” structures or laminates, having all of the following: a. An area not exceeding 1 m2; b. A length not exceeding 2.5 m; and c. A width exceeding 15 mm. Note 2: 1-1.A.2. does not apply to semi-finished items, specially designed for purely civilian applications as follows: a. Sporting goods; b. Automotive industry; c. Machine tool industry; d. Medical applications. 2 A Guide to Canada’s Export Controls - December 2012 Group 1 – Dual-Use List - Category 1: Special Materials and Related Equipment Note 3: 1-1.A.2.b.1. does not apply to semi-finished items containing a maximum of two dimensions of interwoven filaments and specially designed for applications as follows: a. Metal heat-treatment furnaces for tempering metals; b. Silicon boule production equipment. Note 4: 1-A.2. does not apply to finished items specially designed for a specific application. 1-1.A.3. Manufactures of non-“fusible” aromatic polyimides in film, sheet, tape or ribbon
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