In 2007, the Australian and the United States Governments signed the Treaty between the Government of Australia and the Government of the United States of America concerning Defense Trade Cooperation (the Treaty). The Treaty is intended to improve the efficiency of eligible two-way transfers between Australia and the US by facilitating the export of controlled goods within an Approved Community, without the need for an export licence. The Treaty came into force on 16 May 2013.
The implementing legislation, the Defence Trade Controls Act 2012 (the Act), commenced on 6 June 2013. Information on the Strengthening Export Controls aspects of the Act can be found on the Defence Export Control Office website.
The benefits of the Treaty are shared by Government and defence industry and depending on the activity, may provide:
Participation in the Treaty is voluntary, and the Treaty provisions will only apply to organisations approved for membership. Membership to the Australian Community will not affect current export authorisations or the ability to operate under the existing export control regime.
The Approved Community comprises an Australian Community and a US Community. Both communities include government and non-government entities that have applied for and been approved as members of the Approved Community. Each community is managed by their respective Government.
For information on the US Community, see the United States Department of State, Directorate of Defense Trade Controls website.
Australian Government agencies should contact Defence for further details on eligibility for Australian Community membership.
The scope of the Treaty is determined by several elements:
Transfers under the Treaty can only be made between members of the Approved Community.
The particular articles (good, technology or service must be listed in Part 1 of the Defense Trade Cooperation Munitions List (DTCML). Part 2 of the DTCML lists those articles currently excluded from movement under the Treaty. For articles listed in Part 2, licence authorisations will be required for supply and access.
Four scope lists define the activities under which Treaty arrangements can be used to transfer defence articles:
Contact Defence on 1800 00 57 57 (+61 2 6265 7111 from outside Australia) or firstname.lastname@example.org.