Identifying controlled goods: Guide to the Schedule to the Defence Production Act
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To ensure compliance with the Controlled Goods Regulations and Controlled Goods Program (CGP), clients (for example: registrants, potential registrants or designated officials applying for exemptions from registration with the CGP) must:
- determine whether the items/goods for which they intend to examine, possess or transfer are listed in the Schedule to the Defence Production Act, and if yes,
- identify specifically where the items/goods are listed therein, before being eligible to register in the CGP
This information is the underlying basis for registration in the CGP and its subsequent program requirements.
This document (henceforth referred to as “the Schedule Guide”) was created to provide clients of the CGP with a detailed list of the items that are controlled goods, as identified in the Schedule and governed by the Controlled Goods Regulations. The Schedule Guide is intended to assist clients with determining whether an item is controlled domestically by the Schedule.
Note that the Schedule will take precedence in instances where there is a discrepancy between the Schedule and the Schedule Guide.
Note
The onus is on the client to determine the applicability of the United States (U.S.) International Traffic in Arms Regulations (ITAR) and, if yes, provide information pertaining to the following:
- Descriptions for each ITAR controlled “defense article” and
- The detailed Schedule item number (to the greatest extent) for each U.S. ITAR controlled “defense article” and/or
- the corresponding U.S. Munitions List category number and specific subsection associated with each U.S. ITAR controlled “defense article”
Paragraph 3(g) of the Controlled Goods Regulations requires that clients of the CGP provide a description of the controlled goods that they intend to examine, possess, or transfer. The onus is on the client of the CGP to make the following determinations:
- 1. Whether or not they are, or may be in the future, examining, possessing or transferring items in Canada that are either:
- 1.1 U.S. origin “defense articles” that are subject to the controls of the United States (U.S.) International Traffic in Arms Regulations (ITAR)
- 1.2 Goods that are manufactured using technical data that is subject to the controls of the U.S. ITAR
- 2. Whether or not they are, or may be in the future, examining, possessing or transferring items in Canada that are controlled by the Schedule since the items have been determined to have military or national security significance that requires domestic controls regardless of the item’s country of origin/where the item was manufactured
Note 2
The onus is on the client to determine if the Schedule’s domestic controls on goods with military or national security significance are applicable and, if yes, provide information pertaining to both of the following:
- Descriptions for each controlled good
- The detailed Schedule item number of the controlled good to the greatest extent
The Schedule’s domestic controls on goods with military or national security significance are based on Global Affairs Canada’s Export Control List (ECL). The ECL refers to A Guide to Canada’s Export Control List (PDF), which contains a detailed listing of the items that are controlled for export from Canada.
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