What are Export Controls, and why are they in place?
Research at McGill often involves the use of materials, technology, data, or information received from locations outside of Canada, the transfer of materials, technology, data, or information to locations outside of Canada, and even the export of materials, technology, data, or information from one individual to another within the exact location (a deemed reexport). Under Canadian and US export control laws, these scenarios could require an export/import permit.
Export control legislation and regulations restrict the free transfer of sensitive information and technologies. Export controls are put in place at the national and international levels to combat the uncontrolled proliferation of weapons (i.e. mass destruction), defence-related technologies, or dual-use technologies (i.e. civilian applications of technology that can be diverted for military purposes or intentionally used as a biological weapon to cause harm (e.g., bioterrorism) that could jeopardize national security and advance the objectives of non-state groups or foreign countries contrary to Canadian values.
The Export Control List (ECL) lists the controlled goods and technologies. These are controlled for export from Canada to other countries, regardless of their means of delivery, including by tangible means such as the shipment or transport of the good, or by an intangible manner such as an electronic transfer or transmission of information or technology, or by the provision of technical or consulting services. The Guide to Canada’s Export Control List lists the specific goods and technology the ECL controls.
The fact that a good, technology or information is controlled does not mean it cannot be exported or transferred. It simply means that a license may be required from the Minister of Foreign Affairs (Global Affairs Canada) for the goods to be exported or transferred.
How does this affect my research?
You may need to apply for an export license if the item, good, technology or information is going to be exported or transferred to collaborate with a foreign national or entity abroad and such technology, information or good is listed in the Canada Control List (ECL) or has a dual-use potential.
How do export controls may affect my research laboratory if I am currently not collaborating outside of Canada?
A technology may still be subject to U.S. export control goods legislation and regulations. The US government imposes re-transfer conditions on certain U.S.-origin goods and technology even after they are exported from the United States. U.S. export controls may apply extra-territorially; exporting U.S.-origin goods, technical data, software, technology, or information from or within Canada may require an export license. In particular, the transfer or release of U.S. technology, source code or information necessary for the development, production, use, operation, installation, maintenance, repair, overhaul, or refurbishing of an item to a foreign national located in Canada (deemed reexport) may require a license.
Furthermore, Canadian-made items that incorporate a certain amount of U.S. content or are made with specific U.S. technology (De minimis and foreign direct product) can be subject to the Export Administration Regulations (EAR). More information about the EAR and the Commerce Control List can be found on the links below.
For more information contact export.control [at] mcgill.ca