Vol. 145, No. 7 — March 30, 2011
SOR/2011-70 March 10, 2011
EXPORT AND IMPORT PERMITS ACT
ARCHIVED — Order Amending the Automatic Firearms Country Control List
P.C. 2011-401 March 10, 2011
His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to section 6 (see footnote a) of the Export and Import Permits Ac (see footnote b), hereby makes the annexed Order Amending the Automatic Firearms Country Control List.
ORDER AMENDING THE AUTOMATIC FIREARMS COUNTRY CONTROL LIST
1. The Automatic Firearms Country Control List (see footnote 1) is amended by adding the following in alphabetical order:
COMING INTO FORCE
2. 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.)
Issue and objectives
This amendment expands the Automatic Firearms Country Control List (AFCCL) to include Albania and Croatia, the only North Atlantic Treaty Organization (NATO) member countries not currently listed. Currently there are 31 countries listed on the AFCCL.
Given Canada’s long-standing participation in NATO, and its commitment to collective security and stability in the Euro-Atlantic region, Albania and Croatia will be added to the AFCCL. The amendment will facilitate the possible transfer of prohibited firearms, prohibited weapons and prohibited devices to these NATO member countries while maintaining strict export controls when evaluating export permit applications. Examples of prohibited firearms, weapons and devices include, but are not limited to, fully automatic firearms, electric stun guns and large-capacity cartridge magazines.
The amendment also seeks to improve market access for Canadian firms in the defence sector, thus providing firms with additional opportunities to compete fairly for potential contracts alongside foreign competitors.
Description and rationale
The Export and Import Permits Act (EIPA) places very strict controls on the export of prohibited firearms, prohibited weapons and prohibited devices (as defined in the Criminal Code of Canada). In order to export such items, an exporter must obtain an export permit, and applications to export these items are only considered for countries on the AFCCL. Subsection 4.1 of the EIPA sets out that only those countries that have concluded an intergovernmental defence, research, development and production arrangement with Canada are eligible to be included on the AFCCL.
Since becoming a member of NATO on April 1, 2009, Albania and Croatia, as all other member countries of NATO, are parties to the Charter of the NATO Research and Technology Organization (RTO) of January 1, 1998.
The NATO RTO has as its mission the development and effective use of national defence, research and technology to meet the military needs of NATO. The Charter constitutes an arrangement between Canada and other NATO member countries, and satisfies all of the intergovernmental defence, research, development and production elements required under subsection 4.1 of the EIPA prior to the addition of a country to the AFCCL.
The addition of Albania and Croatia to the AFCCL is consistent with Canada’s foreign policy obligations, including commitments made by Canada in multilateral trade forums and defence arrangements to contribute to regional and international security.
While the AFCCL is being amended to include NATO member countries currently not listed, an addition of a new NATO member in the future does not guarantee automatic inclusion on the AFCCL. As in this case, a regulatory amendment to the AFCCL would be required to add an additional country.
As is customary when dealing with potential changes to Canada’s export control regime, consultations on the amendment have been held intra-departmentally and with other involved Canadian government departments, specifically the Department of Justice.
This amendment was pre-published in the Canada Gazette, Part I, on October 16, 2010, and a period of 30 days was provided for interested parties to register comments with DFAIT. No comments were received during the comment period.
Implementation, enforcement and service stands
All items listed on the Export Control List, including the prohibited firearms, prohibited weapons and prohibited devices to which the AFCCL refers, are subject to export permit requirements, unless otherwise stated. Failure to comply with the EIPA, or its related regulatory or other requirements, can lead to prosecution under the Act. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls.
Export Controls Division (TIE)
Foreign Affairs and International Trade Canada
111 Sussex Drive
S.C. 1991, c. 28, s. 3
R.S., c. E-19