General Export Permit No. 46 — Cryptography for Use by Certain Consignees (SOR/2013-1)

Interpretation

Marginal note:Definitions

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

  controlled

  controlled means controlled in any manner that results in control in fact, whether directly through the ownership of securities or indirectly through a trust, an agreement or an arrangement, the ownership of any corporation or otherwise. (contrôlé)

  designated country

  designated country means Argentina, Australia, Austria, Belgium, Bulgaria, Czech Republic, Denmark, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Japan, Luxembourg, Netherlands, New Zealand, Norway, Poland, Portugal, Republic of Korea, Spain, Sweden, Switzerland, Turkey, Ukraine, the United Kingdom or the United States. (pays désigné)

  entity

  entity means a corporation, a trust, a partnership, a fund or an unincorporated association or organization. (entité)

  Export Controls Division

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

  government of a foreign country

  government of a foreign country includes

  • (a) the government of any political subdivision of a foreign country;

  • (b) any agent or agency of a government of a foreign country or its political subdivisions; and

  • (c) any entity controlled by a government of a foreign country or its political subdivisions. (gouvernement étranger)

  Guide

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

  ineligible destination

  ineligible destination means Afghanistan, Belarus, Burma (Myanmar), Côte d’Ivoire, Cuba, Democratic People’s Republic of Korea, Eritrea, Guinea, Iran, Iraq, Lebanon, Liberia, Libya, Pakistan, Sierra Leone, Sudan, Syria and Zimbabwe. (destination inadmissible)

• Marginal note:Interpretation

  (2) In this Permit, development, information security, production, software and use 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 (1) Subject to sections 3 and 4, any resident of Canada may, under this Permit, export or transfer from Canada any good or technology described in subsection (2) if the export or transfer is made to a consignee that

  • (a) is controlled by a resident of Canada; or

  • (b) is controlled by an entity that

    • (i) has its head office in a designated country, and

    • (ii) controls the resident of Canada who exports or transfers.

• Marginal note:Goods and technologies

  (2) The goods and technologies referred to in subsection (1) are the following:

  • (a) any good referred to in item 1-5.A.2. or 1-5.A.3. of the Guide, other than a good referred to in item

    • (i) 1-5.A.2.c., or

    • (ii) 1-5.A.3.b.;

  • (b) any good referred to in item 1-5.B.2. of the Guide, other than a good

    • (i) used in the development or production of any good referred to in any of subparagraphs (a)(i) to (iii) or (b)(ii), or

    • (ii) specially designed to evaluate and validate the information security functions of a good referred to in any of subparagraphs (a)(i) to (iii) or (c)(i) to (iii);

  • (c) any good referred to in item 1-5.D.2. of the Guide, other than software

    • (i) used in the development, production or use of any good referred to in any of subparagraphs (a)(i) to (iii) or (c)(ii) or (iii),

    • (ii) that has the characteristics of a good referred to in any of subparagraphs (a)(i) to (iii) or that performs or simulates the functions of any of those goods,

    • (iii) that certifies software referred to in subparagraph (ii),

    • (iv) specially designed or modified to support technology used in the development, production or use of a good referred to in any of subparagraphs (a)(i) to (iii), (b)(i) or (ii) or (c)(i) to (iii); or

  • (d) any technology referred to in item 1-5.E.2. of the Guide, other than a technology used in the development, production or use of a good referred to in any of subparagraphs (a)(i) to (iii), (b)(i) or (ii) or (c)(i) to (iii).

Marginal note:Countries and governments to which export or transfer is not authorized

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

  • (a) an ineligible destination;

  • (b) a country that is listed in the Area Control List;

  • (c) a country in respect of which there is an order or regulation made under section 4 of the Special Economic Measures Act or section 2 of the United Nations Act; or

  • (d) the government of a foreign country.

• Marginal note:Goods or technologies the export or transfer of which is not authorized

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

  • (a) is intended to be used by anyone other than the consignee;

  • (b) is intended to be incorporated into a product to be used by anyone other than the consignee;

  • (c) was developed or produced under contract with the Government of Canada or developed or produced for the exclusive use of the Government of Canada;

  • (d) has been used in the development or production of a product for the exclusive use of the Government of Canada or under contract with the Government of Canada; or

  • (e) is referred to in any item of the Guide other than those referred to in section 2, unless the export or transfer of the goods or technology is also authorized by another export permit issued under subsection 7(1.1) of the Export and Import Permits Act.

Marginal note:Information

4 A person who exports or transfers a good or technology under this Permit must

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

  • (i) their name, address, telephone number, facsimile number and email address, and

  • (ii) if the person is a corporation, the business number assigned to the corporation by the Minister of National Revenue and the name of a contact person and their address, telephone number, facsimile number and email address;

• (b) insert the term GEP-46 or LGE-46 in the appropriate field of the form prescribed under the Customs Act if the good exported is required to be reported under that Act;

• (c) provide to the Export Controls Division, within 15 days after receipt of its request, the records referred to in paragraph (e) in respect of any export or transfer made during the period specified in the request;

• (d) provide to the Export Controls Division, before January 31, the records referred to in subparagraph (e)(ii) in respect of any export or transfer made during the previous calendar year; and

• (e) retain the following records for a period of six years after the year in which any export or transfer is made:

  • (i) the item number of the Guide which describes the good or technology,

  • (ii) the name and any version number used to identify the good or technology,

  • (iii) the estimated value of the good or technology exported or transfered and, in the case of a good or technology that can be quantified, the quantity of the export or transfer,

  • (iv) the following information in respect of the good or technology:

    • (A) their cryptographic algorithms and the key sizes employed,

    • (B) the function performed by the cryptographic algorithms, and

    • (C) a description of how the keys are generated and managed, if known to the person who exports or transfers,

  • (v) the date of the export or transfer, and

  • (vi) the consignee’s name, address, telephone number, facsimile number and email address.

Coming into Force

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