Vol. 149, No. 2 — January 28, 2015

Registration

SOR/2015-11 January 14, 2015

EXPORT AND IMPORT PERMITS ACT

Order Amending the Automatic Firearms Country Control List

P.C. 2015-20 January 13, 2015

His Excellency the Governor General in Council, on the recommendation of the Minister of Foreign Affairs, pursuant to sections 4.1 (see footnote a) and 6 (see footnote b) of the Export and Import Permits Act (see footnote c), makes the annexed Order Amending the Automatic Firearms Country Control List.

ORDER AMENDING THE AUTOMATIC FIREARMS COUNTRY CONTROL LIST

AMENDMENT

1. The Automatic Firearms Country Control List (see footnote 1) is amended by adding the following in alphabetical order:

Kuwait

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.)

1. Background

The Export and Import Permits Act (EIPA) requires that, prior to a shipment, a person obtain an export permit issued by the Minister of Foreign Affairs, should that person wish to export from Canada an item which is included on the Export Control List (ECL). Applications to export goods or technology listed on the ECL are reviewed on a case-by-case basis by the Government of Canada to ensure that the proposed export is consistent with Canada’s foreign and defence policies. Section 4.1 of the EIPA further establishes that only those countries that have concluded an intergovernmental defence, research, development, and production arrangement (IDRDP) with Canada are eligible to be included on the Automatic Firearms Country Control List (AFCCL). The AFCCL is an export control measure unique to Canada. There are currently 37 countries listed on the AFCCL, consisting of all 27 NATO member countries, Australia, Botswana, Chile, Colombia, Finland, New Zealand, Peru, Saudi Arabia, the Republic of Korea and Sweden.

2. Issues

The EIPA places very strict controls on the export of certain prohibited firearms, prohibited weapons, prohibited devices (as defined in the Criminal Code), and components or parts of such items, examples of which include fully automatic firearms, electric stun guns and large-capacity magazines. In order to export such items, an exporter must obtain an export permit. Applications for export permits for these items are only considered for countries on the AFCCL. This amendment seeks to expand the AFCCL to include Kuwait.

3. Objectives

4. Description

The amendment to the AFCCL will add Kuwait to the list of countries that the Governor in Council deems appropriate to export certain prohibited firearms, prohibited weapons, prohibited devices, and their components or parts. The inclusion of Kuwait on the AFCCL does not guarantee that the Minister of Foreign Affairs will issue an export permit for the export of these items and all applications will remain subject to the Government of Canada’s case-by-case review process.

5. “One-for-One” Rule

The “One-for-One” Rule does not apply to these amendments, as there is no change in administrative costs to business.

6. Small business lens

The small business lens does not apply to these amendments, as there are no costs to small business.

7. Consultation

Officials within the Department of Foreign Affairs, Trade and Development and other Government of Canada departments have been consulted. Based on established Government of Canada criteria, no objections to Kuwait’s inclusion were received.

Public Web-based consultations were held by the Department of Foreign Affairs, Trade and Development between April 2, 2012, and May 4, 2012, regarding the addition of Kuwait to the AFCCL. There were four responses from the public, with three being supportive of the addition of Kuwait to the AFCCL. One submission was negative, with the respondent indicating concerns regarding potential human rights issues. All responses were taken into account when making a final decision on this amendment. The concern noted in the negative response was deemed to be fully mitigated through Canada’s export permit process, as individual export permit applications are reviewed on a case-by-case basis, taking into account Canada’s defence and foreign policies.

8. Rationale

The EIPA prohibits exports from Canada of certain prohibited firearms, prohibited weapons, and prohibited devices to any destination not listed on the AFCCL. Adding Kuwait to the AFCCL allows residents of Canada, as defined under the EIPA, to submit export permit applications for the export of such items to Kuwait.

Kuwait’s addition to the AFCCL opens new market opportunities by providing residents of Canada with the opportunity to explore and compete for contracts in Kuwait for items controlled under the AFCCL.

Kuwait and Canada have signed a number of agreements in recent history that have deepened the defence and security relationship, including the IDRDP required to place a country on the AFCCL in 2014. The addition of Kuwait to the AFCCL will strengthen the existing relationship between Canada and Kuwait.

The Government of Canada has determined that Kuwait is an appropriate destination for inclusion on the AFCCL. As stated previously, the addition of a country to the AFCCL does not guarantee that the Minister of Foreign Affairs will issue an export permit. All applications are reviewed on a case-by-case basis by the Government of Canada.

9. Implementation, enforcement and service standards

All items listed on the ECL, 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, may lead to prosecution. The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls.

10. Contact

Mark Richards
Trade Policy Analyst
Export Controls Division
Foreign Affairs and International Trade Canada
125 Sussex Drive
Ottawa, Ontario
K1A 0G2
Telephone: 343-203-4336
Email: mark.richards@international.gc.ca