Can I export encryption software to a sanctioned country from Canada without breaching export controls?

Hello and best regards,
I read your query regarding the export of encryption software from Canada to a sanctioned destination. This is a high-risk compliance area, but manageable with the right legal strategy.
Here is a preliminary assessment of your situation:
1. Dual-Use Classification:
Your encryption software most likely falls under Group 1, Category 5, Part 2 (Information Security) of Canada’s Export Control List (ECL). Items in this category are considered "dual-use" because they have both civil and military applications, making them subject to strict end-use monitoring.
2. Impact of Sanctions:
While Canada offers "General Export Permits" (such as GEP 46 or the EU+5 Permit) to streamline exports to friendly nations, these permits explicitly exclude countries listed on the Area Control List (ACL) or those subject to specific sanctions under the Special Economic Measures Act (SEMA).
3. Required Actions:
You cannot simply ship the software. You must apply for an Individual Export Permit from Global Affairs Canada. The authorities will scrutinize the "End-Use Assurance" to ensure the software will not be used for prohibited activities (e.g., repression or military use). Exporting without this specific authorization constitutes a breach of the Export and Import Permits Act, leading to severe penalties.
Next Steps:
Navigating the specific sanction regime for your target country (whether it is a total embargo or a partial restriction) is critical to avoid having your permit rejected or facing legal action.
I specialize in guiding tech companies through these compliance checks. I would be happy to offer you a cost-effective consultation to review your specific product and target country.
Let's discuss the details on WhatsApp
Best regards,