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Case Study - Military End Use export

An Australia company, Company A, is a manufacturer of riot gear, including batons and shields, and a regular exporter of goods controlled and uncontrolled under the DSGL. Company A receives an order for several sets of riot gear to be delivered to the Police Special Response Unit (PSRU) of Country B.

The PSRU is known to conduct para-military activities and work closely with the military forces of Country B. The PSRU is also known to have been involved in, or alleged to have been involved in, a number of human rights abuses in Country B including political arrests and ethnic killings. The equipment would provide a capability upgrade to the PSRU to coordinate military style activities.

Company A submits a completed Application to Export Controlled Goods and Technology form seeking DEC's assessment of thecontrol status of the goods. DEC conducts an assessment of the proposed export and establishes that the equipment is not listed in the DSGL but that the goods are likely to be valuable to the PSRU in the conduct of para-military operations. There is a possibility that Australia's international relations might be prejudiced due to the equipment being used to facilitate further human rights abuses being sourced and provided from Australia.

The Australian Government has strengthened Australia's export control framework to include controls on the export of goods that are not normally controlled, but could support or contribute to an adverse military end-use activity.

DEC provides advice to the Minister for Defence who decides to use s112BA of the Customs Act 1901 to issue a notice prohibiting the export of the riot gear by Company A to the PSRU in Country B.