US Defence Export Controls

Australian Guidance on the development of an employee screening model for the Dual National and Third Country U.S. ITAR exemption

On 16 May 2011 the US Department of State released its final rule on "Dual and Third Country Nationals Employed by End Users". The rule reflects the Obama Administration’s new policy on Dual and Third-Country Nationals’ access to unclassified ITAR controlled articles and technology.

ITAR section §126.1 prohibits the export or sale of ITAR controlled articles or technology to Dual and Third Country Nationals. §126.18 offers an exemption to this rule for controlled unclassified articles or technology. The exemption provides companies with an option to assess the risk of diversion of unclassified ITAR controlled articles or technology by employees who are Dual or Third Country Nationals.

The Australian Department of Defence has released guidance on how Australian entities may develop a risk based model if they choose to use the exemption.

Should you have any further questions regarding the development of the guidance please contact DECO.

Additional Information

The US Department of State Directorate of Defense Trade Controls has also released its own guidance on the final Dual National and Third Country National rule. This can be accessed at the US Department of State website.

• US Export Control Guidance for Australian Companies
• US Re-export Controls on Defence Articles, Defence Services and Technical Data
• Temporary Exports to or Transits through the United States of America
• United States Export Control Reform

The US Department of State Directorate of Defense Trade Controls provides advice on proposed changes to the ITAR and changes to the US export control system in general.

Forms

• US End Use Certificate (DSP-83): Form requested by the U.S. government for authorisation to export significant military equipment and classified equipment or data.

Information flyers

• The Defence Trade and Cooperation Treaty. This flyer outlines:
  • the purpose and proposed benefits of the Treaty between Australia and the US;
  • the next steps for the Treaty implementation process;
  • what it means for Australian Industry; and
  • how you can get involved in the implementation process.
• United States Export Control Reform. This Flyer outlines:
  • the key recommendations that arose from the Obama Administration's review of the current US export control system;
  • the proposed three phase implementation plan for reform;
  • the proposed reform to US "Dual National" policy; and
  • how these proposed changes will affect Australian industry.