Vol. 141, No. 20 — October 3, 2007

Registration
SOR/2007-211 September 19, 2007

EXPORT AND IMPORT PERMITS ACT

Order Amending General Export Permit No. 38 — CWC Toxic Chemical and Precursor Mixtures

The Minister of Foreign Affairs, pursuant to subsection 10(1) (see footnote a) of the Export and Import Permits Act, hereby makes the annexed Order Amending General Export Permit No. 38 — CWC Toxic Chemical and Precursor Mixtures.

Ottawa, September 18, 2007

MAXIME BERNIER
Minister of Foreign Affairs

ORDER AMENDING GENERAL EXPORT PERMIT NO. 38 — CWC TOXIC CHEMICAL AND PRECURSOR MIXTURES

AMENDMENTS

1. The definition "CWC toxic chemicals and precursors" in section 1 of General Export Permit No. 38 — CWC Toxic Chemical and Precursor Mixtures (see footnote 1) is replaced by the following:

"CWC toxic chemicals and precursors" means the goods referred to in Group 7 of the schedule to the Export Control List that are described in any of items 7-3.3 to 7-3.6 of the Guide. (produits chimiques toxiques et précurseurs CAC)

2. Section 3 of the Permit is replaced by the following:

3. A resident of Canada may, under the authority of and in accordance with this Permit, export from Canada

(a) mixtures that contain less than 10 per cent by weight of any CWC toxic chemical or precursor described in item 7-3.3 or 7-3.4 of the Guide; and

(b) mixtures that contain less than 25 per cent by weight of any CWC toxic chemical or precursor described in item 7-3.5 or 7-3.6 of the Guide.

COMING INTO FORCE

3. This Order comes into force on the day on which it is registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Order.)

Description

On April 23, 1998, General Export Permit No. 38 — CWC Toxic Chemical and Precursor Mixtures was promulgated to alleviate some of the administrative burden on the exporting public when exporting certain chemical and precursor mixtures because these items are of sufficiently low strategic risk when traded with certain destinations. [CWC = Chemical Weapons Convention]

On January 19, 2006, the 2003 Export Control List came into force. In the 2003 Export Control List, a revised numbering system was introduced, which closely resembles the numbering systems utilized in the various export control regimes to which Canada is a member.

As a result of the adoption of this revised numbering system, any general export permit that makes reference to the old Export Control List numbering system must be amended to reflect the revised numbering system.

Alternatives

There is no alternative as General Export Permit No. 38 currently refers to an Export Control List numbering system that is no longer in effect.

Benefits and costs

As this order is only updating a general export permit that is already in effect, it will pose no additional burden on the exporting public or any government department involved in the application and enforcement of the Export and Import Permits Act.

Consultation

As is customary when dealing with potential changes to Canada's export controls, the Export Controls Division of Foreign Affairs and International Trade Canada consulted with the relevant stakeholders within the Department.

The amendment of General Export Permit No. 38 is simply an administrative amendment and does not involve any shift in policy regarding the export of controlled items and will not have any impact on Canadian industry; therefore, public consultation was unnecessary.

Compliance and enforcement

All the items listed on the Export Control List are subject to export permit requirements, unless otherwise stated in the item itself and are, therefore, subject to certain terms and conditions. Non-adherence to these terms and conditions can lead to prosecution under the Export and Import Permits Act. Both the Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for enforcement of export controls.

Contact

Blair Hynes
Policy Advisor
Export Controls Division
Export and Import Controls Bureau
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 613-944-0558
Fax: 613-996-9933

Footnote a

S.C. 2006, c. 13, s. 113

Footnote 1

SOR/98-265

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