Archive for the ‘export controls’ category

Export Controls Alert: Canada Issues New Guidance on Encryption Controls

October 21st, 2010

On October 19, 2010, the Export Controls Division of Foreign Affairs and International Trade Canada (ECD) released new information on its policies regarding the application for and granting of permits for the export or transfer of information security goods, software and technology. Canada imposes controls on transfers of these items to all countries other than the United States.

In response to significant concerns expressed in the Canadian business community regarding the impact of these controls on their competitive position in the international marketplace, ECD has been considering means of facilitating the permit process while still complying with Canada’s international commitments in this area. These consultations are further described in our earlier legal alerts: Canadian Government Launches Consultations on Encryption Controls and Canadian Government Undertaking Industry Consultations on Cryptography Export Permit Process.

Canadian Government Undertaking Industry Consultations on Cryptography Export Permit Process

July 21st, 2010

The Export Controls Division of Foreign Affairs and International Trade Canada (ECD) has launched another consultation with industry regarding the control of encryption goods and technology for export or transfer from Canada. This comes on the heels of earlier consultations on the mass market exemption launched in March of this year and further described at Canadian Government Launches Consultations on Encryption Controls (March 2010).

Canada, as a Participating State of the Wassenaar Arrangement, controls cryptography under Category 5, Group 1 of its Export Control List. The threshold for control is relatively low — e.g., cryptography having a symmetric algorithm employing a key length exceeding 56 bits. Those seeking to export or transfer from Canada covered goods, software and related technology employing cryptography must apply for and obtain a permit for destinations other than the United States.

Export Controls Alert: Canada’s Response to Liberalization of Controls on Ancillary Encryption

June 18th, 2010

Canadian controls over the export or transfer of goods, software and technology containing or designed to work with encryption continue to present challenges for Canadian companies. Export permits must be applied for and obtained in order to export information security items or transfer any related technology from Canada to destinations other than the United States. Canada’s Export Control List identifies the goods and technology covered by these requirements and imposes a very low threshold of control — encryption with key lengths in excess of 64 bits (in the case of symmetric algorithms). Further, the available exemptions for mass market items and technology and software in the public domain may only be relied upon in very limited circumstances.

Canadian Government Launches Consultations on Encryption Controls

March 10th, 2010

Earier this week, Foreign Affairs and International Trade Canada’s Export Controls Division (ECD) launched its “Consultation on the International Interpretations of the Wassenaar Arrangement Cryptography Note by Wassenaar Arrangement Participating States.” These consultations will be of particular significance for 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.