Canada Establishes Export Controls Advisory Opinions Process

Thanks to Canadian international trade and export controls lawyer John Boscariol for alerting International Trade Law News that the Canadian Government's Export Controls Division recently published guidelines for applying for and obtaining Advisory Opinions on whether certain goods or technology are controlled for export or transfer from Canada.

One of the stated purposes of the Advisory Opinion process is for exporters to gain greater certainty regarding the control status of their goods and technology. 

The Advisory Opinion guidelines provide information on what specific information should be contained in the Advisory Opinion request, such as specifications of the product and whether a product is subject to the ITAR or not; the procedures for submitting Advisory Opinion requests; and the limitation on the scope of such Advisory Opinions, including that the decisions are not binding. Among other things, the guidelines emphasize that where legal certainty is required or the matter is urgent, the exporter or manufacturer should submit a formal application for an export permit.