Contributing Lawyers


Cyndee Todgham Cherniak

United States

Susan Kohn Ross


Andrew Hudson

Canadian Lawyers/Advisors May Be Required to Register With Controlled Goods Directorate If Receive ITAR Technical Data

Lawyers in Canada who receive ITAR-controlled technical data in Canada in connection with contract drafting, due diligence reviews, litigation, etc. may be required to register with Canada's Controlled Goods Directorate and let them know that they have ITAR-controlled data in their possession. It is worth asking the question because it would be embarrassing to be wrong.

It is important to remember that Canadian export controls laws are separate and distinct from U.S. export controls laws. Canadian export controls laws do not contain any override over the requirements contained in the U.S. ITARs. If the U.S. export controls laws do not contain an exemption to authorize otherwise ITAR-controlled technical data to be transferred by an authorized person to a Canadian lawyer representing the authorized person, then the transfer would not be authorized or permissible without U.S. government approvals.  In other words, lawyers should ensure their clients first get the U.S. Government approvals before giving the lawyer the documents.

Depending on the facts, it is possible that the Canadian legal counsel would also need to be registered with the Canadian Controlled Goods Directorate of Public Works and Government Services Canada.  Usually, outside legal counsel do not satisfy any exemption from the registration requirements in the Defence Production Act and Controlled Goods Regulations.

For more information, please contact Cyndee Todgham Cherniak at 416-307-4168.


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