ASEAN REGIONAL FORUMExport Licensing Experts MeetingEffective Export Controls

Lynne.C.Sabatino- Permit Officer

Export Controls Division

CRITICAL ELEMENTS

• Licensing approving authorities

• Licence application process

• Complementary measures

• Inter-agency consultation and coordination

LICENCE AUTHORITIES

• Export controls are administered by International Trade Canada

• Export and Import Permits Act• Export Control List• Export Permit Regulations

• Export controls are enforced by Canada Border Services Agency- Customs Act

THE EXPORT CONTROLS DIVISION

• Our purpose:

• To administer export controls in accordance with Canada’s security/foreign policy interests

• To facilitate responsible defence exports in a manner that does not burden business unduly

CANADA’S INTERNATIONAL COMMITMENTS

• Non-proliferation, Arms Control and Disarmament• Combating terrorism• Regional and Global Peace, Security and Stability• Human Security

LICENCE APPLICATION PROCESS

• Application submission

• Information capture

• Technical assessment

• Application Review

• Recommendation

• Issuance/Denial

APPLICATION SUBMISSION

• Paper application submission• Exporter/Applicant• Detailed description of goods• Quantity/Value• Technical specifications• Final consignee information• End-use assurance document

• Pertinent information entered into database

• New on-line web-based system coming

TECHNICAL ASSESSMENT

• Technical section staffed by engineers

• Assess the control status of items For export For Custom’s enquiries For registration purposes in Canada’s Controlled Goods

Programme

• Participate in international technical working groups

APPLICATION REVIEW

• Permit officers mainly consider: Final destination – imminent hostilities? Consignees at final destination Detailed product descriptions and technical

specifications Where are the items controlled on the list? Total Quantities/ Unit Values / Total Value

APPLICATION REVIEW

• Verification of end-use assurance documents Application descriptions/statement match? Signed? On Company Letterhead? Original? Is it from the end-user? Distributor? Clearly states end-use? Declaration re WMD/delivery systems Verify directly with end-user Use the internet as a source of information

APPLICATION REVIEWCONSULTATIONS

• Application may be sent for consultation/review by other Canadian Government Depts/agencies

• Consultations are undertaken on many applications with: Foreign Affairs Canada (geographic, regional security,

human rights and non-proliferation divisions) Department of National Defence Other Government departments as required

APPLICATION REVIEWCONSULTATIONS

• Consultees review according to their area of expertise Security of Canada and Canadians Regional peace and stability, civil conflict Human rights situation End-user bona fides Risk of proliferation/diversion/re-export to WMD delivery

system/programme

APPLICATION REVIEW

• Permit officers consider all information

• Makes recommendation

COMPLEMENTARY MEASURES

• International Import Certificates (IIC) Helps to prevent diversion/trans-shipments Government to Government assurance Exporter requests importer to obtain Allows the importing Government to ensure goods are

not diverted en route/upon arrival

COMPLEMENTARY MEASURES

• Delivery Verification Certificates (DV) Countries that issue IIC’s also issue DV’s DV’s certify that the goods have arrived in the importing

country Provides official confirmation that goods have been

delivered Permit officers can request Canadian exporters to

provide a DV for any export