The public is invited to comment on proposed amendments to regulation 13E of the Customs (Prohibited Exports) Regulations 1958. The intent behind the proposed amendments is to bring regulation 13E into line with the modern regulatory powers contained in the Defence Trade Controls Act 2012 and include a new exemption from export permit requirements. Further information is available here.
Defence Export Controls is conducting an outreach program to cover the requirements exporters must meet when exporting goods and technology that are controlled, have a potential military end use or could be used in a weapon of mass destruction program. This year's outreach program includes Melbourne, Brisbane, Sydney and Adelaide.
Our next program will be in Brisbane, on September 21 and 22 at QUT Gardens Point Campus.
The program will be delivered over two days, and participants are welcome to register for one or two days, or any elements of those days. There is no fee for attendance.
The program for the day is available for download here
Defence Export Controls has updated our application forms. The latest versions of these forms can be accessed and downloaded from the “Forms” page on the Defence Export Controls website. Applicants are encouraged to check the “Forms” page before lodging applications with Defence Export Controls to ensure they are completing the most recent version of these documents. Defence Export Controls cannot accept older versions of these forms, as they are no longer compatible with our IT system.
Defence Export Controls’ application forms can be accessed via the following link.
Defence Export Controls (DEC) has published statistics on our workload and key performance indicators for the second quarter of Financial Year 2016-17. The statistics include details on applications assessed by DEC including application totals, processing times and application outcomes. These statistics are published on a quarterly basis and can be accessed here.
DEC publishes performance statistics as part of our commitment to transparency and accountability in assessing applications. We are committed to completing assessments in a timely manner by finalising non-sensitive applications within 15 business days and sensitive/complex applications within 35 business days.
DEC seeks to work closely with clients to enable the responsible export of defence and strategic goods and technologies and we welcome feedback on our performance. You can contact DEC by phone at 1800 66 10 66 (open 8.30 am - 4.30 pm, Monday - Friday except on public holidays) or by email.
Defence will soon begin a trial of 2-Step Permits for information security and cryptography research. DEC will hold a workshop in Canberra on 14 February 2017 to discuss the permits, the proposed trial and seek input. We are calling for expressions of interest from researchers in the field of ICT/cryptography who may be subject to export control laws to participate in the trial and attend the workshop.
Further information is available here.
The Defence and Strategic Goods List (DSGL) has now been updated to reflect changes made by the international export control regimes: Wassenaar Arrangement; Nuclear Suppliers Group; Missile Technology Control Regime; Australia Group. DSGL updates generally occur annually. There were a total of 54 amendments in this update. Information on the changes can be found in the Explanatory Statement.
The DSGL Online tool has already been updated to reflect these changes.
Guidance has been developed to assist researchers working in the Life Sciences to improve their understanding how Australia's export control laws apply to them
Guidance has been developed to assist ICT industry, software developers, academics and researchers to improve their understanding how Australia's export control laws apply to the export, supply, publication or brokering of proliferation-sensitive information and communication software and technology.
Defence Export Controls (DEC) signs DSP-83 Non Transfer and Use Certificates on behalf of the Commonwealth of Australia. The DSP-83 certificate provides a non-transfer and end-use assurance for defence goods and technology exported from the U.S. to Australia.
With immediate effect, DEC will accept scanned PDF copies of DSP-83 forms, with the relevant parts completed. These forms can be submitted electronically to DEC at DECO.Applications@defence.gov.au. DEC will sign the form, and return a scanned copy to you via email, generally within 1 - 2 business days.
DEC has previously only accepted original DSP-83 forms in hardcopy based on U.S. Government requirements, with certificates posted or hand delivered to DEC before they could be finalised and returned to the U.S..The U.S. Government is now accepting scanned copies of fully executed DSP-83 forms submitted by U.S. applicants.
Defect Export Controls can now receive applications from a single applicant, who is applying on behalf of other applicants, and issue similar permits to each of the individuals or organisations listed on the application.
Applicants can also now apply for permits in which the export of goods, software or technology to overseas parties, and the expiration date of the permit, are more specifically aligned to the terms of a contract.
For more information on multi-party permits and permits to match contracts please go to the Apply for Multi-Party Permits and Permits to Match Contracts page.
As part of a risk-based approach to export licensing, DEC has developed Australian General Export Licences or AUSGELs that enable the export of a range of controlled goods, software and technologies to certain countries for certain purposes. AUSGELs are valid for five-years.
When applying for an AUSGEL, there is no requirement to list the goods and end-users as you would in an ordinary export application, as the item type and approved end-user destination countries are already on the pre-approved licence.
It is important to note that DEC will conduct a compliance history assessment of the AUSGEL applicant before an AUSGEL can be issued.
If an AUSGEL is not suitable to an applicant's particular circumstances, DEC will advise and work with you to provide an alternative permit arrangement.
There are five different AUSGEL types. Further information is available on the AUSGEL Page.
The AUSGEL application form is available from the Forms Page.
Guidance from Defence Export Controls (DEC) is available on DEC's compliance page and may assist organisations, and individuals to develop an effective export control compliance program, based on their individual circumstances.
The guidance includes:
An internal export control compliance program may assist organisations to meet their obligations under Australia's export control legislation.
New export controls for supplying and publishing Defence and Strategic Goods List (DSGL) technology and for brokering DSGL goods and technologies came into force on 2 April 2016. Individuals and organisations can apply for permits for the new controls.
Guidance information, to help individuals and organisations learn about the new export controls, is available on:
Question and answer scenarios on how the Defence Trade Controls Act 2012 impacts publications, conferences, educational instruction, research, correspondence and informal scientific exchanges, editing and peer review, commercial consulting, foreign nationals, patented information, sanctions, travelling and working overseas and records management is available on the 'Export Controls Training' page under the 'scenarios' tab.
Defence is working with stakeholders as they establish internal compliance arrangements by providing implementation support through outreach and engagement sessions.
DEC has developed an overview of Australia's export controls on encryption.
The Overview explains the various exemptions available in the Defence and Strategic Goods List and in the Defence Trade Controls Act 2012.
WorldECR, the journal of export controls and sanctions, has published an insightful and informative article on the new Australian General Export Licences (AUSGEL).
Written by US academic Jay Nash, the article explains the origin and application of the new export permissions.
The article has been reproduced with permission and is available here: How awesome are Australia's AUSGELs?