Question Period Note: Exports of military, dual-use and strategic goods and technology
About
- Reference number:
- 00188-2019
- Date received:
- Dec 6, 2019
- Organization:
- Global Affairs Canada
- Name of Minister:
- Champagne, François-Philippe (Hon.)
- Title of Minister:
- Minister of Foreign Affairs
Issue/Question:
There has been sustained media and public attention regarding the legislation, policy, and procedures related to exports of military, dual-use and strategic goods and technology.
Suggested Response:
• Canada has taken firm action to strengthen our export controls regime, passing legislation that enshrines human rights into export laws. On Sept 1, 2019, changes to the Export and Import Permits Act came into force. Canada became a State Party to the Arms Trade Treaty on Sept 17.
• Regardless of destination, as part of the Government's robust risk assessment process, all export permit applications are assessed on a case-by case basis to determine what the goods or technology will be used for, where they will be used and by whom, among other factors.
• Officials assess export permit applications against mandatory Arms Trade Treaty criteria including among other things international humanitarian law and human rights law.
• Exports of military, dual-use and strategic goods and technology are very strictly regulated. We take seriously any reports of misuse or diversion.
• Should the Government become aware of information suggesting that a millitary dual-use or strategic good or technology is being misused, the related export permit may be suspended or cancelled. This information would be factored into the assessment any future permit application
Background:
Canada's export controls regime is set out in the Export and Import Permits Act (EIPA), which delegates to the Minister of Foreign Affairs wide discretionary powers to control the flow of goods and technology contained in specified lists (e.g. the Export Control List or ECL) created under the EIPA.
Canada's export controls are not meant to hinder international trade, but to regulate and impose restrictions on exports in response to clear policy objectives. These objectives include ensuring that Canadian export controls are consistent with Canada's foreign and defence policies, including respect for human rights and international peace and security.
The Export Control List (ECL) includes military, dual-use and strategic goods and technology that are controlled for export from Canada to other countries. The ECL is comprised of eight groups of goods and technology that are based primarily on Canada's participation in multilateral export control and non-proliferation regimes: the Wassenaar Arrangement, the Nuclear Suppliers Group, the Missile Technology Control Regime and the Australia Group.
The Government committed to further strengthening the rigour and transparency of Canada's export controls. To this end, Canada recently amended the EIPA to allow Canada to accede to the Arms Trade Treaty (ATT) . These amendments and associated regulations (on brokering and transparency) came into force on Sept. 1, 2019. Canada officially became a State Party to the ATT on Sept. 17, 2019.
Additional Information:
None