General Export Permit No. 41 — Dual-use Goods and Technology to Certain Destinations (SOR/2015-200)

Interpretation

Marginal note:Definitions

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

  eligible destination

  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

  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 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;

  • (d) are referred to in any of subparagraphs 3(3)(c)(i) to (iii) of the Export Permits Regulations; or

  • (e) are intended for the development, production or use of rocket systems or unmanned aerial vehicles with a range of 300 km or greater.

• 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, facsimile number and email 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 and their address, telephone number, facsimile number and email 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, telephone number, facsimile number and email address of each consignee,

  • (ii) if the consignee is a corporation, the name and title of a contact person who has knowledge of the export or transfer and their telephone number, facsimile number and email 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.