The ATT sets broad goals but States that sign on to the Treaty have flexibility on the form and structure of their export control systems. Turkey is a member of the NATO military alliance, as is Canada. Following decades of advocacy, Canada has finally joined the Arms Trade Treaty (ATT). As part of Canada’s support for a stronger and more rigorous export control system, the Government deposited on June 19, 2019 its instrument of accession to the Arms Trade Treaty (ATT). Welcome to The Globe and Mail’s comment community. The ATT explicitly recognizes “the legitimate trade and lawful ownership, and use of certain conventional arms for recreational, cultural, historical, and sporting activities, where such trade, ownership and use are permitted or protected by law”. © Copyright 2020 The Globe and Mail Inc. All rights reserved. Bill C-47 and the underlying regulations that were pre-published in the Canada Gazette Part I from March 16-April 15 2019 will come into force in late summer 2019. It cited the testimony of a Kurdish Red Crescent worker about an air strike in northeast Syria that killed four civilians and injured six even though the “front line” of the conflict was more than one kilometre away. The minister will judge whether to issue export or brokering permits based on an assessment of all relevant information available at the time of a permit application, including the nature of the goods and their end-use, the country of destination, the record and behaviour of the stated consignee, and the possibility of unauthorized diversion, as well as various other criteria established in law and policy. Below is a summary of the changes that will be made to Canada’s export controls program once Bill C-47 and its related regulations enter into force on September 1, 2019. Canada has long been at the forefront of promoting export controls as a means to reduce the risks that can come from the trade in conventional arms. Bill C-47 amends the EIPA to establish controls over brokering by: The amended EIPA defines “brokering” as “arranging or negotiating a transaction that relates to the movement of goods or technology included in a Brokering Control List from a foreign country to another foreign country.” Here are a few interpretive notes on that definition: The amended legislation will prohibit unauthorized brokering by any legal or natural person or organization in Canada. Bill C-47 received Royal Assent on December 13, 2018. The following activities may be excluded from brokering controls: transfers between affiliates of a corporation, and transactions undertaken by Canadians abroad who are directed by their non-Canadian employer. For more information about these regulations please consult the Export Controls website. This is a space where subscribers can engage with each other and Globe staff. It gives us greater influence to work with the international community to counter illicit trade. During the debates on Bill C-47 and ATT accession, a number of parliamentarians and civil society and academic stakeholders asked for increased transparency in reporting on controlled exports to the United States. (2) Canadians who are directed by their non-Canadian employer to undertake brokering activities, so long as they do not control the employer. Bill C-47 authorizes the Government of Canada to make regulations to control brokering. On April 13, 2017, the Minister of Foreign Affairs introduced Bill C-47, An Act to amend the Export and Import Permits Act and the Criminal Code (amendments permitting the accession to the Arms Trade Treaty and other amendments). The disarmament group, based in Waterloo, Ont., is releasing a major report Tuesday on the relationship between Canada-based L3Harris Wescam and the Turkish government entitled Killer Optics: Exports of Wescam Sensors to Turkey – a Litmus Test of Canada’s Compliance with the Arms Trade Treaty. Canada is being accused of breaching its obligations under both domestic law and the global Arms Trade Treaty by allowing exports of high-tech imaging and targeting systems to … In response to this discussion, the Government of Canada committed to looking at ways to increase transparency that would not require individual permits for the export of controlled items to the United States. There will also be circumstances where an export will not be allowed to occur on grounds deriving from Canada’s foreign, defence or national security policies. (c) Organizations as defined in section 2 of the. At the same time, industry stakeholders noted that the permit-free movement of most controlled items between Canada and the United States is vital to the preservation of Canada’s defence, security and aerospace industry. Group 2 is one of nine categories of military goods and includes the imaging and sensor systems that Wescam manufactures. Officials at Wescam and its parent company L3Harris Technologies did not immediately respond to a request for comment. L3Harris Wescam’s proprietary graphical overlay is visible on footage of air strikes released by the Turkish military, and its gear is visible on drones operated by the Turks. (a) notify Global Affairs Canada that they plan to use the GBP, and. Readers can also interact with The Globe on Facebook and Twitter . The Arms Trade Treaty is an international treaty that establishes common standards for the international trade of conventional weapons and seeks to reduce illicit arms trade and human suffering. “While restrictions will continue to apply to military exports to Turkey, Canada will consider on a case-by-case basis whether there are exceptional circumstances, including but not limited to NATO co-operation programs, that might justify issuing an export permit for military items,” department of Global Affairs spokesman Michel Cimpaye said in a statement. Our Morning Update and Evening Update newsletters are written by Globe editors, giving you a concise summary of the day’s most important headlines. Overriding risk is not a term known in Canadian law. These weapons are often found in areas of conflict and impact directly on security and development. Global Affairs Canada (GAC) subsequently consulted Canadians on the accompanying regulatory framework and then drafted a package of six regulations to fully implement Canada’s obligations under the ATT. It promotes responsibility, transparency and accountability in transfers of conventional arms. The Turkish embassy in Canada declined to discuss what sort of targeting equipment the country uses on its military drones. Welcome to The Globe and Mail’s comment community. However, these exclusions do not apply to the movement of full-systems conventional weapons, as laid out in Group 9 of the Export Control List (see the Order Amending the Export Control List below). Non-subscribers can read and sort comments but will not be able to engage with them in any way. If you would like to write a letter to the editor, please forward it to firstname.lastname@example.org.  Under the ATT, State Parties must assess full system conventional arms against a number of specific considerations and must not issue permits when there is an “overriding” risk of any of the listed negative considerations. Click here to subscribe. As per Canada’s practice for all international treaties, Canada will be fully compliant with all its obligations upon accession to the ATT. The GEP would require exporters to notify the Government of Canada of their intent to use the GEP and to report twice a year on any permanent exports (i.e. As part of Canada’s support for a stronger and more rigorous export control system, the Honourable Chrystia Freeland, Minister of Foreign Affairs, today delivered on the government’s commitment to introduce legislation so Canada can accede to the Arms Trade Treaty (ATT). In response to this discussion, the Government of Canada committed to looking at ways to increase transparency while maintaining the competitiveness of Canadian businesses. Read our. This is a moment Oxfam … Since 2017, Turkey has been buying gear from L3Harris Wescam, the Canadian subsidiary of U.S. defence contractor L3Harris. “Turkey is protecting the southern flank of NATO … it’s a responsible NATO member.". The RCMP and the Canada Border Services Agency are responsible for the enforcement of the EIPA, with the RCMP being the enforcement authority for the regulations on brokering. These regulations were pre-published in the Canada Gazette, Part I, for 30 days from March 16 to April 15, 2019. Project Ploughshares said Statistics Canada data shows exports to Turkey of the kind Wescam makes dropped off after the moratorium but began trending upward again in the spring of 2020. To ensure full compliance with the ATT, the Government of Canada therefore introduced Bill C-47, which amends the Export and Import Permits Act (EIPA) to establish controls on brokering of military items and to incorporate directly into Canadian law the assessment criteria laid out in the ATT, along with other amendments to further strengthen Canada’s export controls. The ATT aims … Turkey has also exported military drones to Libya that are equipped with the Wescam gear, the group said. Bill C-47 received Royal Assent on December 13, 2018. For more information about the forthcoming controls please consult the Overview of the Arms Trade Treaty regulatory implementation package, which was published to accompany public consultations on the draft regulations. The Canadian government declined to comment on Wescam exports, citing commercial confidentiality. For enquiries, contact us. Therefore, as part of the regulatory package to implement Bill C-47, Canada is proposing a regulatory amendment that would create a new Group in the ECL (Group 9), which would list all items that fall under the scope of the ATT and impose a permit requirement to export these items to the United States (there already exists a permit requirement to export these items to all other destinations).
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