Notice to Exporters

Export Controls on the Transfer of Missile Equipment and Technology

Serial No. 86
Date: March 27, 1995

Table of Contents

Purpose

1. The purpose of this Notice is to inform the exporting community of the administration of Canada's export controls pursuant to Canada's membership in the Missile Control Technology Regime (MTCR).

Canadian Policy

2. Canada's exports controls regime reflects the Government's policy to control closely goods and technology related to weapons of mass destruction (WMD), that is, chemical, biological and nuclear weapons and their delivery systems, through national means and through membership in a number of multilateral arrangements.

The Missile Technology Control Regime

3. The MTCR is one such arrangement that seeks to limit the risks of proliferation of weapons of mass destruction by controlling transfers that could make a contribution to delivery systems for such weapons.

4. The MTCR was formed in 1987 by seven founding members, Canada, France, Germany, Italy, Japan, United Kingdom and United States, and has grown since to a membership of twenty-five nations. At its founding, members released guidelines explaining the regime's general principles and an annex, the Equipment and Technology Annex, defining certain goods and technologies to be controlled. This annex is reproduced in the Canadian Export Control List (ECL) as Group 6, a regulation made pursuant to the Export and Import Permits Act (EIPA). The original guidelines were extended significantly in 1993 to cover not only delivery systems for nuclear weapons but also for chemical and biological weapons. To be subject to the controls of the arrangement these delivery systems must be capable of delivering a payload to a range of at least 300kms. The guidelines clearly state that the MTCR was not intended to impinge upon the peaceful use of advanced missile technology, national space programs, or international space cooperation efforts "as long as such programs could not contribute to delivery systems for weapons of mass destruction".

5. The current technical annex consists of two categories of items, which term includesequipment and technology. Category 1 items, all of which are included in items 6001 and 6002 of Group 6 of the ECL, are those of greatest sensitivity. These items include complete rocket systems, unmanned air vehicles and complete subsystems capable of delivering a 500 kg payload to a range of at least 300kms. The transfer of Category 1 items will be authorized only on very rare occasions where binding government-to-government assurances are obtained to ensure the item is put only to its stated end-use. Members agree to exercise particular restraint in the consideration of Category 1 transfers regardless of their purpose, and there will be a strong presumption to deny such transfers. The remainder of the Group 6 items are described as Category 2 items and represent less sensitive components and technologies, most of which have dual-use (civil/military) applications. These items may be exported by MTCR members, provided that the importing state furnishes sufficient end-use guarantees for the item. Members share information on the denial of any export application for an MTCR controlled item. Members are obligated not to undercut an export denial of another participating government. This "no undercut" policy obliges other governments to deny a request to supply an equivalent item to the same destination.

Canadian Export Controls

6. Canada's export controls are applied to all items contained in Group 6 of the ECL. These controls are applied in a manner consistent with Canadian laws, regulations, policies and with Canada's multilateral commitments. The export of missile equipments and technologies is administered by the Export Controls Division (EPE) of the Department of Foreign Affairs and International Trade (DFAIT).

7. As has already been stated all items subject to MTCR related controls appear in the Export Control List (ECL) under Group 6 - "Missile Technology Control Regime List". It should be noted that some items in Group 6 may also be controlled elsewhere in the ECL.

Export Permit Requirements

8. The export of items described in Group 6 of the ECL requires an export permit from DFAIT. Applications for permits are submitted to DFAIT for processing.

Contacts

9. Applications for export permits are to be submitted to:

Department of Foreign Affairs and International Trade
Export Controls Division (TIE)
125 Sussex Drive,
Ottawa, Ontario,
K1A 0G2
Telephone: 613-996-2387
Facsimile: 613-996-9933