Export Control List

The following are excerpts from that List regarding the export of Cryptography from Canada. These are taken from the pamphlet titled A Guide to Canada's Export Controls available from International Trade Centers of the Gov't of Canada across the country.

The following excerpts are taken from the Guide.

Group 1- International Industrial List

Definitions to the terms set out in quotations are listed in pages 49 to 55 of this Guide and apply in respect to this Group.

1000. General Technology Note

The export of "technology" which is "required" for the "development", "production" or "use" of a products embargoes in the International Industrial List is controlled according to the provisions in each Category.

"Technology" "required" for the "development", "production" or "use" of a product under embargo remains under embargo even when applicable to any unembargoed product.

Controls do not apply to that "technology" which is the minimum necessary for the installation, operation, maintenance, (checking) and repair of those products which are unembargoed or whose export has been authorised.
N.B.
This does not release the repair "technology" embargoed by Category 1085.2.a Controls do not apply to "technology" "in the public domain" or to "basic scientific research".

General "Software" Note
This List does not embargo "software" which is either"

1. Generally available to the public by being:
   1. Sold from stock at retail selling points, without restriction, by means of:
      1. Over-the-Counter transactions;
      2. Mail order transactions; or
      3. Telephone call transactions; and
   2. Designed for installation by the user without further substantial support by the supplier; or
2. In the public domain".

From the definitions of pp 49-55

"In the public domain"

As it applies to the International Lists, means "technology" or "software" which has been made available without restrictions upon its further dissemination.
N.B.
Copyright restrictions do not remove "technology" or "software" from being "in the public domain".

"Software"

A collection of one or more "programmes" or "microprogrammes" fixed in any tangible medium of expression.

"Technology"

Specific information necessary for the "development", "production" or "use" of a product. The information takes the form of "technical data" or "technical assistance". Embargoed "technology" is defined in the General Technology Note and in the International Industrial List.
N.B.

1. "Technical data" may take forms such as blueprints, plans, diagrams, models, formulae, tables, engineering designs and specifications, manuals and instructions written or recorded on other media or devices such as disk, tape, read-only memories.
2. "Technical assistance" may take forms such as instruction, skills, training, working knowledge, consulting services. "Technical assistance" may involve transfer of "technical data".

Note:
The embargo status of "information security" equipment, "software". systems. application specific "assemblies", modules, integrated circuits, components or functions is defined in this Category even if they are components or "assemblies" of other equipment.

1151. Equipment, Assemblies and Components

Systems, equipment, application specific "assemblies", modules or integrated circuits for "information security", as follows, and other specially designed components therefor:

1. Designed or modified to use "cryptography" employing digital techniques ensure "information security";
2. Designed or modified to perform cryptanalytic functions;
3. Designed or modified to use "cryptography" employing analogue techniques to ensure "information security", except:
   1. Equipment using "fixed" band scrambling not exceeding 8 bands and in which the transpositions change not more frequently than once every second;
   2. Equipment using "fixed" band scrambling exceeding 8 bands and in which the transpositions change not more frequently than once every ten seconds;
   3. Equipment using "fixed" frequency inversion and in which the transpositions change not more frequently than once every second;
   4. Facsimile equipment;
   5. Restricted audience broadcast equipment;
   6. Civil television equipment;
4. Designed or modified to suppress the compromising emanations of information-bearing signals;
   Note:
   1151.d. does not embargo equipment specially designed to suppress emanations for health or safety reasons.
5. Designed or modified to use cryptographic techniques to generate the spreading code for "spread spectrum" or the hopping code for "frequency agility" systems;
6. Designed or modified to provide certified or certifiable "multilevel security" or user isolation at a level exceeding Class B2 of the Trusted Computer System Evaluation Criteria (TCSEC) or equivalent;
7. Communications cable systems designed or modified using mechanical, electrical or electronic means to detect surreptitious intrusion.

1. "Personalized smart cards" using "cryptography";
2. Equipment containing "fixed" data compression or coding techniques;
3. Receiving equipment for radio broadcast, pay television or similar restricted audience television of the consumer type, without digital encryption and where digital decryption is limited to the video, audio or management functions;
4. Portable (personal) or mobile radiotelephones for civil use, e.g. for use with commercial civil cellular radiocommunications systems, containing encryption, when accompanying their users;
5. Decryption functions specially designed to allow the execution of copy-protected "software", provided the decryption functions are not user-accessible.

1152. Test, Inspection and Production Equipment

1. Equipment specially designed for:
   1. The development of equipment or tunctions embargoed by 1151., 1152., 1154. or 1155., including measuring or test equipment;
   2. The production of equipment or functions embargoed by 1151., 1152., 1154. or 1155., including measuring, test, repair or production equipment;
2. Measuring equipment specially designed to evaluate and validate the "information security" functions embargoed by 1 151. or 1 154.

1153. Materials

None

1154. Software

1. "Software" specially designed or modified for the "development", "production" or "use" of equipment or "software" embargoed by 1151., 1 152. or 1154.;
2. "Software" specially designed or modified to support technology embargoed by 1155.;
3. Specific "software" as follows:
   1. "Software" having the characteristics, or performing or simulating the functions of the equipment embargoed by 1151. or 1152.;
   2. "Software" to certify "software" embargoed by 1154.c.1 .;
   3. "Software" designed or modified to protect against malicious computer damage, e.g. viruses.

1. "Software" required for the "use" of equipment excluded from embargo under the Note to 1151.;
2. "Software" providing any of the functions of equipment excluded from embargo under the Note to 1151.

1155. Technology

Group 5- Miscellaneous Goods

United States Origin Goods

5400. All goods that originate in the United States, unless they are included elsewhere in this List, whether in bond or cleared by Canadian Customs, other than goods that have been further processed or manufactured outside the United States so as to result in a substantial change in value, form or use of the goods or in the production of new goods.

With respect to this section, an introductory note in the Forward to the Guide states:

Re-export of United States Origin Goods

United States origin goods are controlled for re-export from Canada under Item 5400 of Group . Although this means that all non-strategic U.S. origin goods require an export permit, exporters may benefit, in most cases, from the provisions of General Export Permit No. Ex. 12 Canadian exporters of U.S. origin goods should be aware that depending upon the nature of the goods and the country of destination, exporters may be required to provide a copy of a U.S. export license or verification that such goods may be exported to the specified country without the U.S. license, prior to issuance of a Canadian export permit. Contact the Export Controls Division for more information.