Significant Amendments to Canadian Export and Technology Transfer Controls

The Canadian government has announced that effective May 22, 2014 a new version of the Guide to Canada’s Export Controls will come into force. The current version of the Guide is being amended to reflect changes in Canada’s commitments under multilateral export control regimes. There are over 250 amendments adding, deleting and clarifying goods and technology subject to export control and permit requirements. Canadian companies that export or engage in any software or technology transfers from Canada should be carefully reviewing the amendments to ensure they are compliant and availing themselves of any applicable de-controls when the new Guide comes into force.

The April 23, 2014 Canada Gazette Part II publication of these regulatory amendments can be found here. The modifications, additions and deletions were made to the Guide in accordance with changes to the multilateral export control regimes under the Wassenaar Arrangement, the Nuclear Suppliers Group, the Missile Technology Control Regime, and the Australia Group. The new Guide will reflect the changes to these control regimes up to December 2012.

These changes will impact goods and technology throughout most of the categories set out in the Guide and include revisions to commercial dual-use (including encryption, telecommunications and electronic items), military and aerospace, missile technology, and chemical and biological weapons-related items. The Department of Foreign Affairs, Trade and Development’s Export Controls Division has published a detailed list of the affected items.