How to apply

Defence Export Controls (DEC) is responsible to the Minister for Defence for regulating the export and supply of military and dual-use goods and technologies defined in the Defence and Strategic Goods List (DSGL). DEC does this through the administration of Australia’s export control legislative framework (link to legislation).

These goods and technologies include:

  • Military goods and technologies designed or adapted for military purposes or those that are inherently lethal, incapacitating or destructive; and
  • Dual-use goods and technology developed to meet commercial needs but which may be used either as military components, or for the development or production of military systems or weapons of mass destruction.

The DSGL is amended from time to time to reflect changes in multilateral non-proliferation and export control regimes of which Australia is a member.

Australia's export control arrangements enable the export of military and dual-use goods and technologies where it is consistent with Australia's national interests and international obligations.

DEC assesses over 4,000 applications per year. DEC’s key performance measures are available on the  Performance page.

 

Applications to export, supply, broker or publish goods or technologies specified in the DSGL are assessed on a case-by-case basis against the following legislative criteria:

  1. The risk that the DSGL technology or the goods may go to, or become available to, a country upon which the Security Council of the United Nations or Australia has imposed a sanction
  2. The risk that the DSGL technology or the goods may go to, or become available to, a country where it may be used in a way contrary to Australia’s international obligations or commitments
  3. The risk that the DSGL technology or the goods may be used to commit or facilitate serious abuses of human rights
  4. Whether the export or supply of the DSGL technology or the goods, or the publication of the DSGL technology:
    1. may aggravate:
      1. an existing threat to international peace and security or to the peace and security of a region; or
      2. a particular event or conflict of concern to Australia; or
    2. may otherwise contribute to political instability internationally or in a particular region
  5. Whether the DSGL technology or the goods may:
    1. be used for conflict within a country or for international conflict by a country; or
    2. further militarise conflict within a country
  6. Whether the export or supply of the DSGL technology or the goods, or the publication of the DSGL technology, may compromise or adversely affect Australia’s defence or security interests, its obligations to its allies or its international obligations and responsibilities
  7. Whether the DSGL technology or the goods may go to or become available to a country that has policies or strategic interests that are inconsistent with the policies and strategic interests of Australia or its allies
  8. The risk that the export or supply of the DSGL technology or the goods, or the publication of the DSGL technology, may:
    1. adversely affect Australia’s military capability; or
    2. substantially compromise an Australian defence operation; or
    3. increase the military capability of a country that is a potential adversary of Australia
  9. The risk that the DSGL technology or the goods may go to or become available to a country:
    1. that is developing, or is reasonably suspected of developing:
      1. weapons that may be capable of causing mass destruction; or
      2. the means of delivering such weapons; or
    2. that supports, or is reasonably suspected of supporting, terrorism; or
    3. whose actions or foreign policies pose a risk of major disruption in global stability or the stability of a particular region.
  10. Whether the export or supply of the DSGL technology or the goods, or the publication of the DSGL technology, may lead to a reaction by another country that may damage Australia’s interests or relations with the other country or with a particular region
  11. Whether the DSGL technology or the goods may be used for mercenary activities or a terrorist or other criminal activity
  12. Whether preventing the export supply of the DSGL technology or the goods, or the publication of the DSGL technology, may have an adverse effect on Australian industry, trade and economic prosperity to the extent that it may adversely affect the security, defence or international relations of Australia.

Activity

Required Documents/Information

Register as a client

·         ABN/CCID

·         Address

·         Contact Details

Brokering

·         Police check

Applying to export tangible goods to a country on the Foreign Country List (FCL)* (DEC01)

·         Specification/data sheets for goods OR website link to information

 

Additional requirements for low quantities of firearms/ammunition:

·         Applicant and End-User Firearms/Firearm Dealer Licence (in colour, front and back)

·         Firearm Registration Certificate

·         Evidence supporting the reason for exporting the good

·         Import Permit

Applying to supply technology to a country on the FCL* (DEC01)

·         Specification/data sheets for technology OR website link to information (if applicable)

Applying to export/supply goods/technology to a country NOT on the FCL* (DEC01)

·         DEC03 (for non-governmental end-user) or;

·         DEC04 (for governmental end-user) or;

·         DEC09

·         Specification/data sheets for goods OR website link to information

·         US re-transfer documents (if applicable)

·         TAA if retransfer not provided

·         Import permit

·         DFAT advice or sanctions permit

 

Additional requirements for low quantities of firearms/ammunition:

·         Applicant and End-User Firearms/Firearm Dealer Licence (in colour, front and back)

·         Firearm Registration Certificate

·         Evidence supporting the reason for exporting the good

 

In the case of the Australian Government (CASG) selling to another Government body:

·         Letter of proposal and ITAR required at risk assessment stage

 

DSGL or IPA Assessment

·         No supporting documents required

AUSGEL

·         No supporting documents required

 

Key:

* Foreign Country List: Defence Trade Controls Act 2012

Non-standard documents required

Only the Minister for Defence can refuse or prohibit an export.

If DEC identifies potential risks to the national interest arising from an application, DEC will notify the applicant. Sometimes DEC may be able to work with the applicant to identify changes that can be made to a proposed export or supply, which will make it possible for DEC to approve it. Where this isn’t the case, DEC will write to the applicant setting out the national interest risks arising from the application and give the applicant an opportunity to respond and present arguments. Any submissions from the applicant will be considered by DEC and, where the decision is referred to the Minister for Defence, will be provided as part of the advice to the Minister.

If the Minister decides to refuse to grant a permit, DEC will advise the applicant what their rights of review are — there are a range of mechanisms, depending on the specific decision. They might include:

  • an external merits review by the Administrative Appeals Tribunal; or
  • a judicial review

Depending on the nature of your concern, you can also contact:

  • the Commonwealth Ombudsman;
  • the Office of the Australian Information Commissioner; or
  • the Human Rights and Equal Opportunity Commission