Notice to Exporters

Export Controls on Nuclear and Nuclear-related Dual-use Equipment, Materials and Related Technology

Serial No. 72
Date: October 3, 1994

Table of Contents

1.0 Purpose

1.1 The purpose of this Notice is to increase awareness of the potential problem posed by the use of nuclear-related dual-use equipment, material and technology, in contributing to unsafeguarded programs or nuclear explosive activities, and to provide information on Canada's export controls covering all nuclear and nuclear-related items.

2.0 Canadian Policy

2.1 Canada's nuclear non-proliferation policy has two fundamental objectives:

  1. To ensure that Canada's nuclear exports do not contribute to any nuclear explosive purposes; and,
  2. To promote the development of effective and comprehensive international nuclear non-proliferation regimes.

2.2 Since 1974 Canada has undertaken nuclear cooperation only with those nuclear weapons states (NWS) and non-nuclear weapons states (NNWS) that have signed a Nuclear Cooperation Agreement (NCA) with Canada. The NCA contains several assurances including:

  • A non-explosive use commitment;
  • A provision for fall-back safeguards;
  • Retransfer, enrichment and reprocessing controls; and,
  • Assurance of adequate physical protection measures.

2.3 Since 1976 Canada has engaged in nuclear cooperation only with NNWS that have ratified the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) or have taken anequivalent binding step and accepted International Atomic Energy Agency (IAEA) safeguards on the full scope of their nuclear activities.

2.4 Canada is a signatory to the NPT and a member of the IAEA. Canada also participates in multilateral fora which have established controls on the export of nuclear and nuclear-related items. These are:

  1. Nuclear Suppliers' Group (NSG); and
  2. Zangger Committee (ZC).

3.0 Nuclear-related Dual-use Items

3.1 In March 1992, the NSG approved the "Dual-Use Mechanism" which provides a framework by which the 28 current members of the NSG control the export of nuclear-related dual-use equipment, material and related technology.

4.0 Canadian Export Controls

4.1 Canada's nuclear export controls are applied consistent with Canadian laws, regulations, policies and with Canada's multilateral and bilateral commitments.

  1. The export of nuclear and nuclear-related items is governed by:
    1. The Export and Import Permits Act, and related regulations; and
    2. The Atomic Energy Control Act, and related regulations.
    3. The first instrument is administered by the Export Controls Division (EPE) of the Department of Foreign Affairs and International Trade (DFAIT) while the latter instrument is administered by the Non-proliferation Safeguards and Security Division of the Atomic Energy Control Board (AECB).

4.2 All nuclear items of strategic or nuclear non-proliferation significance currently controlled in accordance with the Atomic Energy Control Act and the Export and Import Permits Act are identified on a single list, the Export Control List (ECL).

  1. The nuclear items shown in the ECL appear under the following headings:
    • Group 3 - International Atomic Energy List.
    • Group 4 - Nuclear Non-Proliferation List.
      • Part I - Atomic Energy Materials and Equipment.
      • Part II - Nuclear-Related Dual-Use List.
  2. Part II of Group 4 lists items that are not specially designed or prepared for nuclear applications, but that are capable of contributing to nuclear explosive activities or to unsafeguarded nuclear fuel cycle activities.

5.0 Export Permit/Licence Requirements

5.1 The export of items identified in Group 3 and Part I of Group 4 of the Export Control List requires an export permit from DFAIT and an export licence from the AECB. This licence is granted on the export permit and does not need to be applied for separately. Applications for permits/licences are submitted to DFAIT which then coordinates the process with the AECB.

5.2 Items identified in Group 4 - Part II of the Export Control List may be exported under the authority of General Export Permit No. EX. 27 "Nuclear-Related Dual-Use Goods".

  1. It is a conditionof General Export Permit No. EX. 27 that:
    • 1. the exporter obtain and make available at the port of exit a valid export licence issued by the AECB under the authority of the Atomic Energy Control Regulations or have evidence that an exemption to that licence has been granted; and
    • 2. the exporter submit to the Export Controls Division of DFAIT, on a quarterly basis, a summary of all exports made against GEP No. EX. 27.
  2. General Export Permit No. EX. 27 does not authorize the exportation of goods described in items 4501 to 4508 of the ECL:
    • 1. to any country listed in the Area Control List; or
    • 2. that are described elsewhere in the ECL.

6.0 Contacts

6.1 Applications where both export permits and export licences are required are to be submitted to:

The Department of Foreign Affairs and International Trade
Export Controls Division,
Lester B. Pearson Building,
125 Sussex Drive,
Ottawa,Ontario,
K1A 0G2
Telephone: 613-996-2387
Facsimile: 613-996-9933

6.2 Applications where only an AECB export licence is required pursuant to Group 4 - Part II of the ECL are to be submitted to:

Atomic Energy Control Board Non-proliferation, Safeguards and Security Division
P. O. Box 1046, Station B
Ottawa, Ontario
K1P 5S9
Telephone: 613-995-0369
Facsimile: 613-995-5086