ASEAN REGIONAL FORUM Export Licensing Experts Meeting Effective

ASEAN REGIONAL FORUM Export Licensing Experts Meeting Effective 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 REVIEW CONSULTATIONS • 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 REVIEW CONSULTATIONS • 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