Export/Import Controls and Controlled Goods Program
University of Ottawa has established a reputation of providing a platform for cutting edge research, and for the exchange of information in a collaborative environment. Multi-disciplinary research involves the sharing and exchange of knowledge and the application and use of material and data between several team members. The transfer of material or data from one individual to another within the same location or outside of Canada is considered to be exports. Any of these conditions could require the necessity of obtaining an export/import permit under Canadian and/or US export control laws.
What you may need to know if you Export or Import Controls
What is the Export and Import Permits Act (EIPA)?
Export and Import Permits Act (EPIA) is an act respecting the export and transfer of goods and technology and the import of goods.
The Trade Controls and Technical Barrier Bureau (TCTBB) is responsible for administering the Export and Import Permits Act (EIPA).
EPIA has established:
- the List of Export (ECL);
- the List of Import (ICL);
- and the Area Control List (ACL) list of countries for which export permits are required to be issued.
The Export Control List (ECL)
The Canadian Export Control List controls the export of goods from Canada. Goods on the list require a license from the Minister of Foreign Affairs. For more information, Please see the following Export Control List
The Import Control List (ICL)
Canada has a range of goods over which it imposes import controls. These goods are listed in the Import Control List (ICL) of the Export and Import Permits Act (EIPA). For more information, please see the following Import Control List
Area Control List (ACL)
The Export and Import Permits Act (EIPA) authorizes the Governor in Council to establish a list of countries called the Area Control List (ACL), a list of destinations to which the Governor in Council deems it necessary to control the export or transfer of any goods and technology. For more information, Please see the following Area Control List
Who is legally responsible when exporting goods?
All items shipped from the University of Ottawa become the responsibility of the respective individual or the shipper in accordance with the export permit requirements directed by the Export and Import Permits Act (EIPA). The Canada Border Services Agency and the Royal Canadian Mounted Police are responsible for the enforcement of export controls.
What are the consequences of non –compliance with Canadian and/or US export control laws?
Failure to comply with the EIPA, or its related regulatory requirements can lead to prosecution, seizure and or forfeiture of the goods including penalties/fines up to $25,000 including imprisonment up to 10 years. Non-compliance has also been known to have had a significant impact on a financial institution’s reputation which is sometimes more dangerous than any financial penalty. Non-compliance within the US export control can result in debarment of the institution by the regulating agency.
Controlled Goods Program
Controlled Goods Program (CGP)
The Controlled Goods Program (CGP) is an industrial security program that is authorized by the Defence Production Act (DPA). The Controlled Goods Directorate (CGD) administers the CGP to prevent the proliferation of tactical and strategic assets and build up Canada’s defence trade controls. Public Works and Government Services Canada is the federal agency responsible for this program. The Department of Foreign Affairs and International Trade Canada is the authority that can make a determination as to what is and what is not a Controlled Goods and/or Controlled Technology. The University of Ottawa registered with the program since October 30, 2009.
1. Why is the University of Ottawa registered under the CGP?
In order to purchase, use, possess, examine or transfer any controlled goods or technology, one must be registered for the CGP. As per many Canadian universities, it is possible that the University of Ottawa will need to make use of controlled goods or technology within the limitations of a research project. Therefore registration is mandatory.
2. How does this affect my work at the University?
Members of the University of Ottawa community will be required to follow new procedures with regards to controlled goods. The key changes to our actual practices include mandatory security assessment of users of controlled goods and security measures surrounding the purchasing, use, storage and disposal of controlled goods. Each employee, director and officer of the University who has access to controlled goods and/or controlled technology during the course of their employment must consent to a security assessment. No security assessment is required if the employee, director or officer does not access controlled goods and/or controlled technology.
3. What does a security assessment encompass?
Different information will be requested depends on your status at the University (employee, student, visitor). Typically, an applicant must provide all the necessary information as to personal references, criminal history, places of residence and employment and educational histories for the five years immediately preceding the date of the applicant's consent to undergo the security assessment.
4. What are controlled goods/technology?
The tools below provide all the list of Controlled goods /technology
A Guide to Canada’s Export Controls
5. What happens if I do not comply?
If an employee, director or officer does not consent to a security assessment, they cannot have access to controlled goods and/or controlled technology. This may inherently interfere with the course of the research. The legislation governing the CGP provides for severe penalties for non-compliance range from $25,000 to $2,000,000, or imprisonment for a term not exceeding 10 years, or both.
6. Where can I get more information on this Program?
The controlled goods program is administered by the Environmental Planning Group of the Office of Risk Management. For more information please contact the Office of Risk Management at (613) 562-5892 or email us. For legislation information, please refer to the Controlled Goods Directorate website
As conditions of registration under the Controlled Goods Directorate (CGD), the University of Ottawa established a security plan.
The University of Ottawa and Google Inc. have agreed by contractual term and conditions that any transfer of information related to Export Control and Controlled Goods/Technology is prohibited and will not be permitted while students use Google Gmail account. The University of Ottawa strongly advises against the sharing of such information in your emails.
The Google Gmail account users are reminded that Export Control include regulations in place by the Federal government to control the export of information or items for reasons related to national or economic security and foreign policy.
Researchers, students, faculty members and staff at the University of Ottawa who often use shipment, receive the materials and data physically or tangibly inside or outside of Canada could be subject to the requirement of an export/import permit under Canadian and/or US export control laws.
The parties who work with visiting faculty, scholars, or students from boycotted countries are also required to be aware of export control regulations specific to persons from those countries and of circumstances that might create risks of non-compliance with export control regulations during their communication in emails.
With regards to export permits issued under the Export and Import Permit Act (E.I.P.A.), if the emails and telephone conversations refer specially to Controlled Goods under the EIPA they may require a permit. Please review the portion of Export Controls Hand Book for “Export by Intangible mean”.
You can find this information at: http://www.international.gc.ca
The Google Gmail account users are reminded it is a federal crime to share information related to Controlled Goods/Technology Program and Export Control. It is also a federal crime to collaborate and share this information with individuals who do not hold Canadian citizenship or Canadian permanent resident status.
Parties have to be aware that non-compliance with Canadian and/or US export control regulations can result in debarment of an institution by a regulating agency and/or doing business with Canadian and/or US institutions.