On November 21, 2022, Global Affairs Canada released a new version of A Guide to Canada’s Export Control List (December 2021) (the “Guide”), which goes into effect on December 21, 2022. The current version of A Guide to Canada’s Export Control List (December 2020), will remain in effect until December 20, 2022.
The Guide includes the detailed list of military and strategic goods and technology that are subject to export controls, including dual-use, munitions, nuclear non-proliferation, nuclear-related dual-use, miscellaneous goods and technology, missile technology control regime, and chemical and biological weapons non-proliferation lists.
The revisions to the Guide brings into force Canada’s commitments under its multilateral export control and non-proliferation regimes up to December 31, 2021 and includes the addition of controls in Groups 1, 2, and 7 and the deletion of controls in Group 1.
A summary of key revisions made to the Guide can be found here. Some of these revisions include, but are not limited to the following:
- 1-1.C.6.b.2. – Controls for certain fluorinated silicone lubricating fluids were deleted.
- “Explosives” Annex to Group 1, Category 1 – Amendment to existing list to include EDNA (Ethylenedinitramine) (CAS 505-71-5) and TKX-50 (Dihydroxylammonium 5,5’-bistetrazole-1,1’-diolate).
- 1-2.E.3.b.2. – Controls for certain technical data for material processing were deleted and the technical notes were amended.
- 1-3.A.1.b. – Amendment to existing control for microwave or millimetre wave items to include a “frequency switching time” of less than 100 µs for any frequency change exceeding 5.0 GHz within
the synthesised frequency range exceeding 75 GHz but not exceeding 90 GHz with respect to ‘Frequency synthesiser’ “electronic assemblies”.
- 1-3.A.2.d. – Amendment to existing controls for signal generators with respect to “frequency switching time” and ‘RF modulation bandwidth’ of digital baseband signals.
- 1-3.C. – New controls were added for certain electronic substrates made from Gallium Oxide or Diamond (see 1-3.C.1.; 1-3.C.5.; and 1-3.C.6.).
- 1-3.D.6 – New controls were added for certain software for the design of integrated circuits that have gate all around field effect transistors. Corresponding definitions were also added.
- 1-3.E.3. – Amendment to existing control for other technology for the development or production to include substrates of gallium oxide for electronic components.
- 1-9.A.4. – Amendment to existing control regarding space launch vehicles to include “sub-orbital craft”.
- 1-9.B.1. – Amendment to existing control regarding manufacturing equipment, tolling or fixtures including directional-solidification or single-crystal additive-manufacturing equipment, amended to remove “manufacturing gas turbine engine blades, vanes or “tip shrouds” to include, designed for “superalloys”.
- 1-9.E.3.a.2.e. – New controls were added for certain technology for gas turbine engine combustors utilising pressure gain combustion.
- 2-1. – Amendment to existing control to include technical notes regarding “gun mountings” and “deactivated firearms”.
- 2-13.c. – New controls were added for certain add-on plates for military helmets that provide ballistic protection.
- 7-4. – New controls were added for certain new chemical precursors for chemical weapons.
- 7-12.10. – New controls were added for certain software for nucleic acid assemblers and synthesizers.
Canadian exporters should review the revisions to the Guide to determine whether their products are affected by the revisions and require permits under the Export and Import Permits Act. Exporters can review the specific changes to the Guide by contacting the Export Controls Policy Division of Global Affairs Canada at [email protected] and requesting a track changes PDF.