Interpretation

1 The definitions in this section apply in this Permit.

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)

Guide

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

mass market cryptographic software

mass market cryptographic software means the goods referred to in Group 1 of the schedule to the Export Control List that are described in item 1154 of the Guide and that meet all of the following conditions:

• (a) generally available to the public by being sold, without restriction, from stock at retail selling points by any of the following means:

  • (i) over-the-counter transactions,

  • (ii) mail order transactions,

  • (iii) electronic transactions, or

  • (iv) telephone transactions;

• (b) the cryptographic functionality cannot easily be changed by the user;

• (c) designed for installation by the user without further substantial support by the supplier; and

• (d) does not contain a symmetric algorithm employing a key length exceeding 128 bits. (logiciel de cryptographie de très grande diffusion)

General

2 Subject to sections 3, 4, and 5, any resident of Canada may, under the authority of and in accordance with this Permit, export mass market cryptographic software from Canada.

3 This Permit does not authorize the exportation of mass market cryptographic software to any country listed in the Area Control List or to any of the following countries:

• (a) Democratic People's Republic of Korea (North Korea);

• (b) Iran; and

• (c) Iraq.

Conditions

4 It is a condition of this Permit that the exporter

• (a) keep at the exporter's place of business or residence the documents in respect of each export made under this Permit for a period of six years after the date of the export; and

• (b) on request, make the documents referred to in paragraph (a) available to an officer of the Export Controls Division.

5 On request, the exporter must provide details of the mass market cryptographic software to the Export Controls Division.

6 Where any goods exported under the authority of this Permit are required to be reported in the prescribed form under the Customs Act, the statement "GEP-39" or "LGE-39" must be inserted in the appropriate field of the prescribed form.

Coming into Force

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