Export Compliance

The success of Australia’s strong controls on the export of defence and dual-use goods and technology relies on a partnership between government and industry. The Australian Government is committed to providing exporters with the information and assistance they require to voluntarily comply with the controls, and to monitor and respond to non-compliance as appropriate. Exporters are expected to make sure their activities are fully compliant with the law; that they have the appropriate approvals for their activities; that they keep up to date with changes to the legislation or any changes to their approvals; and have in place correct record keeping processes and staff training in export matters.

The Defence Export Control Office (DECO) is responsible for approving exports of goods and technologies listed in the Defence and Strategic Goods List (DSGL), as well as assessing whether goods or services might contribute to a WMD program.

All exporters should be aware that exporting goods and technologies listed in the DSGL, without an approval issued by the Minister for Defence or an authorised person may contravene Australia’s export laws.

If you believe or suspect that your supply or export of goods, or the provision of services, could be used for a WMD program and you do not have a permit from the Minister for Defence, then you may be in breach of the WMD Act.

Exporters who are issued with a licence or permit may have conditions or requirements attached to that approval. Failing to comply with a condition or requirement on an approval is a serious matter and may result in penalties or the Minister revoking an approval.

Where DECO becomes aware of possible non-compliance regarding goods and technologies listed in the DSGL, the matter is referred to the Australian Customs and Border Protection Service. Where required, DECO will assist Customs and Border Protection with enquiries into the matter.

DECO has produced the following guides to assist exporters to comply with export controls. This also includes guidance on how to identify and report suspicious or illegal export activity.

• Internal Compliance Programs – a guide to establishing processes within a company to maximise voluntary compliance with export control obligations.
• Reporting Suspicious Procurement or Suspicious Approach Attempts  – information on how to report possible illicit procurement attempts.
• Reporting Breaches of Export Controls – information on what to do if your company has exported without an approval, or incorrectly used an approval issued by DECO.