General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations

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General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations

SOR/2015-200EXPORT AND IMPORT PERMITS ACT
Registration 2015-07-22
General Export Permit No. 41 — Dual-use Goods and Technology to Certain DestinationsThe Minister of Foreign Affairs, pursuant to subsections 7(1.1)Footnote a and 10(1)Footnote b of the Export and Import Permits ActFootnote c, issues the annexed General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations.

Return to footnote aS.C. 2004, c. 15, s. 56
Return to footnote bS.C. 2006, c. 13, s. 113
Return to footnote cR.S., c. E-19

Ottawa, July 15, 2015
ROB NICHOLSON
Minister of Foreign AffairsInterpretation

Marginal note:Definitions

1 (1) The following definitions apply in this Permit.

eligible destination
destination admissible

eligible destination means Australia, Austria, Belgium, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Lithuania, Luxembourg, the Netherlands, New Zealand, Norway, Poland, Portugal, the Republic of Korea, Slovakia, Slovenia, Spain, Sweden, Switzerland, Turkey, the United Kingdom or the United States. (destination admissible)

Export Controls Division
Direction des contrôles à l’exportation

Export Controls Division means the Export Controls Division of the Department of Foreign Affairs, Trade and Development. (Direction des contrôles à l’exportation)

Guide
Guide

Guide has the same meaning as in section 1 of the Export Control List. (Guide)

Marginal note:Interpretation

(2) In this Permit, composite, development, matrix, production, software and user-accessible programmability have the same meaning as in the Guide under the heading “Definitions of Terms Used in Groups 1 and 2”.

General

Marginal note:Authorization

2 Subject to sections 3 to 5, any resident of Canada may, under this Permit, export or transfer from Canada any good or technology referred to in

(a) any item in Group 1 of the Guide; or
(b) items 5504.2.a. to 5504.2.g. of the Guide.

Marginal note:Unauthorized destinations

3 (1) This Permit does not authorize the export or transfer of goods or technology to a country

(a) that is not an eligible destination;
(b) that is listed in the Area Control List; or
(c) in respect of which an order or regulation has been made under section 4 of the Special Economic Measures Act or section 2 of the United Nations Act.

Marginal note:Unauthorized goods or technology

(2) This Permit does not authorize the export or transfer of goods or technology that

(a) are intended to be used in a country that is not an eligible destination;
(b) are referred to in the schedule to this Permit;
(c) are referred to in any item of the Guide other than those referred to in section 2, unless the export or transfer is also authorized by another permit issued under subsection 7(1.1) of the Export and Import Permits Act; or
(d) are referred to in any of subparagraphs 3(2)(c)(i) to (iii) of the Export Permits Regulations.

Marginal note:Other unauthorized goods or technology

(3) This Permit does not authorize the export or transfer of

(a) software that is specially designed or modified for the development or use of the goods or technology referred to in item 5504.2.h. or 5504.2.i. of the Guide; or
(b) technology that is specially designed or modified for the development or production of the goods or technology referred to in item 5504.2.h. or 5504.2.i. of the Guide.

Marginal note:Information

4 A resident of Canada who exports or transfers goods or technology under this Permit must

(a) provide in writing to the Export Controls Division, before making their first export or transfer under this Permit in a calendar year, the following information:

(i) their name, address, telephone number and, if any, their facsimile number and electronic mail address, and
(ii) if the resident of Canada is a corporation, the business number assigned to the corporation by the Minister of National Revenue, the name of a contact person, the contact person’s address, telephone number and, if any, facsimile number and electronic mail address;

(b) provide to the Export Controls Division, within 30 days after each six-month period ending on January 31 or July 31, a report containing the following information in respect of any export or transfer made under this Permit during that period:

(i) the name, address and telephone number of each consignee and, if any, the consignee’s facsimile number and electronic mail address,
(ii) if the consignee is a corporation, the name and title of a contact person who has knowledge of the export or transfer, and the contact person’s telephone number and, if any, facsimile number and electronic mail address,
(iii) a description of each good or technology exported or transferred and the item number of the Guide in which it is referred to, and
(iv) the quantity and value of each good or technology exported or transferred by country of destination;

(c) within 15 days after receipt of a request from the Export Controls Division, provide to the Export Controls Division the records referred to in section 5 in respect of any export or transfer made during the period specified in the request;
(d) insert the term GEP-41 or LGE-41 in the appropriate field of the form prescribed under the Customs Act if the good exported is required to be reported under that Act; and

(e) obtain, before the export or transfer, a written statement from each consignee that

(i) identifies the country of end use of the good or technology, and
(ii) indicates whether the consignee is an end-user or a distributor or, if the consignee is neither, describes the consignee’s role in relation to the export or transfer.

Marginal note:Records

5 A resident of Canada who exports or transfers a good or technology under this Permit must retain, for a period of six years after the year in which the export or transfer is made, the following records in respect of that export or transfer:

(a) the date of the export or transfer;
(b) the name and address of each consignee;
(c) the quantity and value of the export or transfer;
(d) the name and any part number or unique identifier of the good or technology, as well as a description of the good or technology and its technical specifications;
(e) the item number of the Guide in which the good or technology is referred to, and a comparison of the technical specifications set out in the item with the technical specifications of the good or technology;
(f) the written statement obtained from each consignee under paragraph 4(e); and
(g) a copy, if available, of any contract between the resident of Canada and each consignee and any invoice or export or shipping document relating to the export or transfer.

Cancellation

6 [Cancellation]

7 [Cancellation]

Coming into Force

Marginal note:Registration

8 This Permit comes into force on the day on which it is registered.

SCHEDULE(Paragraph 3(2)(b))

Item
Goods or technology

1
those referred to in item 1-1.A.2.a. of the Guide that are composite structures or laminates consisting of an organic matrix and materials specified by item 1-1.C.10.c. or 1-1.C.10.d. of the Guide

2
those referred to in item 1-1.C.1. of the Guide

3
those referred to in item 1-1.C.12. of the Guide

4
those referred to in item 1-1.E.1. of the Guide that are for the development or production of composite structures or laminates consisting of an organic matrix and materials specified by items 1-1.C.10.c. or 1-1.C.10.d. of the Guide or materials specified by item 1-1.C.1. or 1-1.C.12. of the Guide

5
those referred to in item 1-4.A.5. of the Guide

6
those referred to in item 1-4.D.4. of the Guide

7
those referred to in item 1-4.E.1.c of the Guide

8
those referred to in item 1-5.A.1.b.5. of the Guide

9
those referred to in item 1-5.A.1.h. of the Guide

10
those referred to in item 1-5.A.1.j of the Guide

11
those referred to in item 1-5.D.1.a. of the Guide that are software specially designed for the development or production of equipment, functions or features specified by item 1-5.A.1.b.5., 1-5.A.1.h., 1-5.A.1.j. or 1-5.E.1.a. of the Guide

12
those referred to in item 1-5.E.1.a. of the Guide that are for the development or production of equipment, functions, features or software specified by item 1-5.A.1.b.5., 1-5.A.1.h., 1-5.A.1.j. or 1-5.D.1.a. of the Guide

13
those referred to in item 1-5.A.2. of the Guide

14
those referred to in item 1-5.B.2. of the Guide

15
those referred to in item 1-5.D.2. of the Guide

16
those referred to in item 1-5.E.2. of the Guide

17
those referred to in item 1-6.A.1.a.1.b.1. of the Guide that are object detection or location systems and have a sound pressure level exceeding 210 dB (reference 1 μPa at 1 m) and an operating frequency in the band from 30 Hz to 2 kHz;

18
those referred to in item 1-6.A.1.a.2.a.1. of the Guide

19
those referred to in item 1-6.A.1.a.2.a.2. of the Guide

20
those referred to in item 1-6.A.1.a.2.a.3. of the Guide

21
those referred to in item 1-6.A.1.a.2.a.5. of the Guide

22
those referred to in item 1-6.A.1.a.2.a.6. of the Guide

23
those referred to in item 1-6.A.1.a.2.b. of the Guide

24
those referred to in item 1-6.A.1.a.2.c. of the Guide that are processing equipment that are specially designed for real time application with towed acoustic hydrophone arrays and have user-accessible programmability and time or frequency domain processing and correlation, including spectral analysis, digital filtering and beamforming that uses Fast Fourier or other transforms or processes

25
those referred to in item 1-6.A.1.a.2.e. of the Guide

26
those referred to in item 1-6.A.1.a.2.f. of the Guide that are processing equipment, specially designed for real time application with bottom or bay cable systems, having user accessible programmability and time or frequency domain processing and correlation, including spectral analysis, digital filtering and beamforming using Fast Fourier or other transforms or processes

27
those referred to in item 1-6.A.2.a.1.c. of the Guide

28
those referred to in item 1-6.B.8. of the Guide

29
those referred to in item 1-6.D.1. of the Guide that are software specially designed for the development or production of equipment specified by item 1-6.B.8. of the Guide

30
those referred to in item 1-6.D.3.a. of the Guide

31
those referred to in item 1-6.E.1. of the Guide that are for the development of equipment or software specified by any item in this schedule that is also specified by item 1-6.A., 1-6.B. or 1-6.D. of the Guide

32
those referred to in item 1-6.E.2. of the Guide that are for the production of equipment specified by any item in this schedule that is also specified by item 1-6.A. or 1-6.B. of the Guide

33
those referred to in item 1-7.D.3.a. of the Guide

34
those referred to in item 1-7.D.3.b. of the Guide

35
those referred to in item 1-8.A.1.b. of the Guide

36
those referred to in item 1-8.A.1.d. of the Guide

37
those referred to in item 1-8.A.2.o.3.b. of the Guide

38
those referred to in item 1-8.D.1. of the Guide that are software specially designed for the development or production of equipment specified by item 1-8.A.1.b., 1-8.A.1.d., or 1-8.A.2.o.3.b. of the Guide

39
those referred to in item 1-8.E.1. of the Guide that are for the development or production of equipment specified by item 1-8.A.1.b., 1-8.A.1.d. or 1-8.A.2.o.3.b. of the Guide

40
those referred to in item 1-9.A.11. of the Guide

41
those referred to in item 1-9.D.1. of the Guide that are software specially designed or modified for the development of equipment or technology specified by item 1-9.A.11., 1-9.E.3.a.1. or 1-9.E.3.a.3.a. of the Guide

42
those referred to in item 1-9.D.2. of the Guide that are software specially designed or modified for the production of equipment specified by item 1-9.A.11. of the Guide

43
those referred to in item 1-9.E.1. of the Guide that are for the development of equipment or software specified by any item in this schedule that is also specified in item 1-9.A.11., 1-9.D.1. or 1-9.D.2. of the Guide

44
those referred to in item 1-9.E.2. of the Guide that are for the production of equipment specified by item 1-9.A.11. of the Guide

45
those referred to in item 1-9.E.3.a.1. of the Guide

46
those referred to in item 1-9.E.3.a.3.a. of the Guide