Share your views: Consulting with Canadians on the proposed addition of Brazil and Montenegro to the Automatic Firearms Country Control List

Background

The Automatic Firearms Country Control List (AFCCL) is a positive list of countries to which Canadians may export the following items from Canada with a valid export permit:

• a prohibited firearm described in paragraph (c) or (d) of the definition of "prohibited firearm" in subsection 84(1) of the Criminal Code
• a prohibited weapon as described in paragraph (b) of the definition "prohibited weapon" in that subsection
• a prohibited device described in paragraph (a) or (d) of the definition "prohibited device" in that subsection

Further to paragraph 7.2(b) and subsection 15(2) of the EIPA, certain prohibited firearms, weapons and devices, that are included on the Export Control List, may only be exported to countries listed on the AFCCL and only to the governments of those countries or to end-users authorized by those governments. There are currently 46 countries on the AFCCL.

The fact that a country is listed in the AFCCL does not mean a permit application will be automatically approved. Since September 2019, any permit application to export AFCCL-controlled items to eligible destinations is assessed on a case-by-case basis against criteria laid out both in policy and legislation (including the Arms Trade Treaty assessment criteria and the substantial risk test). The Minister of Foreign Affairs shall not issue a permit where there is a substantial risk that AFCCL-controlled items could be used to commit or to facilitate serious violations of international humanitarian law, serious violations of international human rights law, or serious acts of gender-based violence or violence against vulnerable groups, amongst other criteria.

What was the focus of consultations?

The Government of Canada invited stakeholders and the public to provide their views regarding a proposed regulatory amendment that could add Brazil and Montenegro to the AFCCL. This proposal, if approved by the Governor in Council, would allow the Minister of Foreign Affairs to consider permit applications for exports of prohibited firearms, weapons and devices to Brazil and Montenegro. As per Canada's established practice, such permit applications would be assessed on a case-by-case basis under Canada's robust risk assessment framework, including the Arms Trade Treaty criteria that are enshrined in Canada's EIPA.

Related information

• Export controls
• The Automatic Firearms Country Control List

Contact us

Export Controls Policy Division

Global Affairs Canada
125 Sussex Drive
Ottawa
K1A 0G2
Email: expctrlpol@international.gc.ca