Vol. 151, No. 14 — July 12, 2017
SOR/2017-138 June 20, 2017
EXPORT AND IMPORT PERMITS ACT
Order Amending the Area Control List
P.C. 2017-790 June 20, 2017
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 Act (see footnote b), makes the annexed Order Amending the Area Control List.
Order Amending the Area Control List
1 The Area Control List (see footnote 1) is amended by striking out the following:
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.)
Pursuant to the Government of Canada’s commitment to diplomatic re-engagement with the international community, and in response to recent positive developments in Belarus, the Government of Canada announced its decision to remove Belarus from the Area Control List (ACL) on May 7, 2016, thereby lifting measures that have been in place since December 2006.
The removal of Belarus from the ACL is consistent with actions taken by the United States and the European Union. It also reflects Canada’s acknowledgement that the Government of Belarus has made progress in key areas related to human rights, including the release of political prisoners and conducting a presidential election in October 2015, which demonstrated greater adherence to international norms and was not marked by the levels of violence and intimidation seen in past elections. Canada also recognizes the constructive role played by Belarus in facilitating negotiations toward a ceasefire and peace agreement in Ukraine (the Minsk Agreements) in September 2014 and February 2015.
Section 4 of the Export and Import Permits Act (EIPA) authorizes the Governor in Council to establish a list of countries called the ACL, a list of destinations to which the Governor in Council deems it necessary to control the export or transfer of any goods and technology. Section 6 of the EIPA authorizes the Governor in Council to amend the ACL.
Canada introduced a policy of limited engagement with Belarus after the flawed presidential elections in 2006, and that position was maintained in the wake of the equally flawed 2010 presidential elections. As part of this policy, the Governor in Council added Belarus to the ACL. As a result of this addition to the ACL, any exporter wishing to export or transfer any item to this destination has been required to obtain an export permit issued by Global Affairs Canada.
The proposed regulatory action aims to contribute to the Government of Canada’s broader efforts to pursue dialogue and diplomacy with the international community.
The Order Amending the Area Control List will remove Belarus from the ACL, a list of destinations to which the Governor in Council deems it necessary to control the export or transfer of any goods and technology. As a result of this amendment to the ACL, exporters of items that are not listed on the Canada’s Export Control List (ECL) will no longer require an export permit under the EIPA in order to lawfully export those items to Belarus. Obligations may nonetheless remain under separate Canadian legislation with respect to any other particular items from Canada.
The “One-for-One” Rule does not apply to the proposed Order, as there is no change in administrative costs imposed on business.
Small business lens
This amendment to the ACL is not expected to result in any increase in the administrative burden for small businesses within Canada.
Consultations regarding this amendment to the ACL have been held with relevant divisions within Global Affairs Canada and the Department of Justice Canada. All consultees have been supportive of this proposal.
The removal of Belarus from the ACL is in line with the Government of Canada’s commitment to pursue diplomatic re-engagement with the international community. The decision also reflects recognition of specific positive actions taken by Belarus with regard to human rights and the constructive role that Belarus has played with regard to regional security within the Minsk peace process.
Restoring diplomatic engagement and removing Belarus from the ACL will enable Canada to further its interests regarding human rights, democracy and international security, both bilaterally and multilaterally, by strengthening Canada’s access to a broader range of governmental and non-governmental interlocutors in Belarus.
Implementation, enforcement and service standards
All items listed on the ECL remain 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. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls.
Export Control Division
Global Affairs Canada
125 Sussex Drive