State Department’s Arrangement with the Canadian Department of National Defence on Dual Nationals
The State Department has concluded an arrangement with the Canadian Department of National Defense (DND), effective May 17, 2007, with respect to access to ITAR items by Canadian citizens who are dual nationals. The DND has agreed to restrict access to ITAR controlled items to its employees who are issued a minimum SECRET-level security clearance by the Canadian Government. Among the reasons for which SECRET-level security clearances are not granted, the DND intends to ensure SECRET-level security clearances are not granted to personnel with ties to known terrorist groups or who maintain significant ties to foreign countries, including those countries to which exports and sales of ITAR controlled defense articles and services are prohibited. In exchange, the State Department will revise its export authorizations, which have incorporated limitations/provisos that require specific identification of individuals and countries of dual nationals and execution of Non Disclosure Agreements, to permit Canadian citizen/dual-national DND employees access as needed to ITAR defense articles and services if they possess a SECRET-level security clearance. This applies only to the DND and is not extended to any other government agency or to private companies in Canada.
The State Department’s Directorate of Defense Trade Controls Licensing office will re-issue export authorizations to companies for export of defense articles or services to the DND where the restrictive limitations/provisos have been imposed. The reissued export authorizations will contain proviso language reflecting the May 17 State Department-DND arrangement mitigating the requirement for specific identification of dual nationals and execution of Non Disclosure Agreements. The Department has been provided a list of authorizations from the DND which require revision so it will not be necessary for companies to apply for an amendment to existing affected authorizations.