Canadian Controls On The Export Of Arms And Strategic Goods

Like many countries, Canada regulates the export of weapons and technologies which could be used for military purposes. Such regulation is broadly referred to as the c̀ontrol of strategic exports'. Western countries have, individually and collectively, developed rules of conduct on trade in strategic products. Since the end of the Cold War and the conflict with Iraq, these control policies have become the subject of a general review. This document discusses the history of strategic export controls, principles governing the control of strategic exports, Canadian legislation and controls on strategic exports, principal restrictions on Canadian strategic exports at the present time, and the current debate on the control of strategic exports.

The U.S. gov¿t. annually controls billions of dollars worth of U.S. arms and dual-use items exported to its allies and partners through a system of laws, reg¿s., and processes. Weaknesses in this system led the auditor to include export controls as part of a high-risk area and called for a reexamination, including evaluating alternative approaches. Increasing international collaboration on defense programs also makes it important to understand how other countries control exports. Proposed treaties would change the process for the export or transfer of certain U.S. arms to the U.K. and Australia. This report: (1) identifies how selected allies' systems differ from the U.S. system; and (2) assesses how the proposed treaties will change controls on arms exports. Illus.

To control the export of defense items, the U.S. government generally requires exporters to obtain a license from the State Department. However, a license is not required for the export of many defense items to Canada. Currently, the Canadian exemption is the only country-specific exemption to the licensing requirement. The exemption was temporarily scaled back when unauthorized re-exports and diversions to nations of concern occurred. It was renegotiated and changes were made in an attempt to address security concerns. In May 2000, the U.S. government announced the Defense Trade Security Initiative, which included a proposal to grant Canadian-like export licensing exemptions to other qualified countries. Since the initiative was announced, the State Department has been negotiating such exemptions with the United Kingdom and Australia. Because the exemption for Canada may serve as the model for these and other countries, you asked that we review how the exemption has been implemented and enforced and whether the experience offers any lessons learned.

Examines the issue of conventional arms proliferation from the Canadian perspective, with particular emphasis on identifying pragmatic options for action, based on Canadian national interests, that could contribute to international efforts to constrain conventional arms proliferation. Also addresses the strengths and limitations of Canada's ability to contribute to such international efforts. Among the issues discussed are the global conventional arms trade, Canada's defence production and exports, transparency measures such as the United Nations Register of Conventional Arms, the relationship of arms spending to human rights as well as social and economic development, and post-conflict conventional weapons disarmament measures. Reviews patterns and consequences of conventional proliferation, past and present efforts to constrain conventional proliferation, and options for constraining conventional proliferation. These options include unilateral measures, basic norm building, and multilateral opportunities.

"The U.S. government annually controls billions of dollars worth of U.S. arms and dual-use items exported to its allies and partners through a system of laws, regulations, and processes. Weaknesses in this system led GAO in 2007 to include export controls as part of a high-risk area and called for a reexamination, including evaluating alternative approaches. Increasing international collaboration on defense programs also makes it important to understand how other countries control exports. Proposed treaties would change the process for the export or transfer of certain U.S. arms to the United Kingdom and Australia.Based on a request to review allies' export control systems and the proposed treaties, this report (1) identifies how selected allies' systems differ from the U.S. system, and (2) assesses how the proposed treaties will change controls on arms exports.To conduct its work, GAO selected six countries-Australia, Canada, France, Germany, Japan, and the United Kingdom-based on factors such as whether they were major destinations for U.S. goods or significant arms exporters; conducted site visits in four countries; analyzed agency documentation on the foreign and U.S. systems and treaty related..."

The importance of export control laws and regulations in international trade continues to grow, not only because of the increase in world trade and technology dispersion, but also due to concerns surrounding national and regional stability and the risk of terrorism. Accordingly, familiarity with export control laws and regulations around the world has become extremely important for those involved in the international trade of dual-use or military goods, technology, and services. In this preeminent handbook, now in its third edition, two experienced professionals have gathered contributions from expert practitioners and academics. The third edition adds three new country chapters (Brazil, Israel, and Sweden) and a new separate chapter on sanctions and embargoes. In addition to chapters on the international regime in general, the book provides a practical overview of the export/import control regimes covering defence and dual-use goods and services in fourteen key jurisdictions. Country reports each follow the same structure for easy comparison. Issues and topics covered include the following and much more: • import/export legal and regulatory requirements for controlled goods and services; • sanctions for breach of such requirements (civil, administrative, or criminal); • licence application processes; • arms, dual-use and other products embargo (including chemical and biological materials and technology); and • enforcement measures. The Handbook also makes available, through an online application, all important standard export control–related forms, templates, and other related documents, all of which readers can use to draft their own documents. The Handbook is invaluable to any professional (such as lawyers, compliance key players, procurement, logistics, finance and customs practitioners) working in relation to an organisation with a need to know the specific requirements to be followed for the efficient - and legally compliant - import or export of controlled military or dual-use goods, technologies or services.