Contributing Lawyers

Canada

Cyndee Todgham Cherniak

United States

Susan Kohn Ross

Australia

Andrew Hudson



Two Weeks Left to Make Submissions Re Wassenar Agreement Consultations

The deadline for filing a submission with the Canadian Department of Foreign Affairs and International Trade (DFAIT) regarding export controls changes to the information security controls defined in the Wassenaar Arrangement Dual-Use List, Category 5 – Part 2 is April 30, 2010. Category 5 of Part 2 of Canada’s Export Control List identifies information security items (encryption goods) that require a permit in order to be exported from Canada to destinations other than the United States.

The focus on the consultations is a change that establishes a new decontrol note known as Note 3 – Cryptography Note, to address commercial cryptography items sold to the general public.

DFAIT is seeks specific input from Canadian companies and individuals who:

  1. Have received a formal government ruling from a Wassenaar Arrangement Participating State in respect of an item assessed as complying with the provisions of the Cryptography Note; or
  2. Have supplemental information issued by a Wassenaar Arrangement Participating State export control authority clarifying any of the provisions of the Wassenaar Arrangement Category 5 Part 2 Cryptography Note. This information could be a presentation, briefing, correspondence, etc issued by a Wassenaar Arrangement Participating State government authority.

These consultations will be of particular significance for Canadian companies engaged in the export or transfer from Canada of encryption goods, software or technology or items that have been designed or modified to use or work with encryption. Some Canadian companies have be caught by the existing export controls rules (by surprise to the companies).

The consultations provide an opportunity for businesses to remove regulatory hurdles in the Canadian export controls regime. DFAIT needs information for its negotiations on the world stage. DFAIT needs information.

That being said, it is always important to ensure that the information provided relating to export controls is communicated properly. If a business is not careful in how they communicate information and making sure that the information that they provide cannot be used for other purposes, they need the help of counsel.

If you would like more information, please contact Cyndee Todgham Cherniak at 416-307-4168. DFAIT's consultation document can be located at http://www.international.gc.ca/controls-controles/about-a_propos/expor/Wassenaar_crypto.aspx?lang=eng.

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