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ASEAN REGIONAL FORUM Export Licensing Experts Meeting Effective Export Controls

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.

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ASEAN REGIONAL FORUM Export Licensing Experts Meeting Effective Export Controls

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  1. ASEAN REGIONAL FORUMExport Licensing Experts MeetingEffective Export Controls Lynne.C.Sabatino- Permit Officer Export Controls Division

  2. CRITICAL ELEMENTS • Licensing approving authorities • Licence application process • Complementary measures • Inter-agency consultation and coordination

  3. 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

  4. 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

  5. CANADA’S INTERNATIONAL COMMITMENTS • Non-proliferation, Arms Control and Disarmament • Combating terrorism • Regional and Global Peace, Security and Stability • Human Security

  6. LICENCE APPLICATION PROCESS • Application submission • Information capture • Technical assessment • Application Review • Recommendation • Issuance/Denial

  7. 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

  8. 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

  9. 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

  10. 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

  11. 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

  12. 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

  13. APPLICATION REVIEW • Permit officers consider all information • Makes recommendation

  14. 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

  15. 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

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