"Brokering" occurs when a person or company arranges, as an agent or intermediary, the supply of certain controlled goods, software or technology between two locations outside of Australia and benefits from arranging the supply in some manner.
These brokering controls can apply to any person or company located in Australia, any Australian citizens or residents located outside of Australia if they are brokering as an individual, and any company incorporated under Australian law no matter where that company is located.
An Australian citizen or resident who is an employee of a foreign company, and who is brokering at the direction/on behalf of that foreign company while located outside of Australia, is not captured by Australian brokering controls.
Brokering can also occur where the person or company arranges for the supply of the goods, software or technology from one place in a foreign country and to another place in that same foreign country.
If a person or company arranges for the supply of controlled goods, software or technology to go from Australia to a place outside of Australia, then this is 'not' considered brokering. Such an arrangement would likely require an export permit instead.
You must have a Defence Export Controls permit before brokering any goods, software or technology listed in Part 1 of the DSGL, or listed in Part 2 of the DSGL where the goods, software or technology will or may be for a military end-use or a Weapons of Mass Destruction (WMD) program.
Activities such as freight forwarding or providing financial services, insurance, reinsurance, promotion or advertising are not captured under the brokering controls, and do not require a permit.
A brokering permit application may be for a particular arrangement, or for more than one arrangement which includes DSGL goods, software or technology from several suppliers. Permits may be granted for a period of up to 5 years. It is important to provide as much information as possible about your proposed brokering activity in your application.
In order to be eligible to apply for a permit to broker DSGL goods, software or technology, you must first be a registered broker with DEC.
A person or company must first be registered as a broker with DEC before they can apply for a brokering permit in relation to a specific proposed brokering arrangement.
To be registered as a broker, DEC must assess the applicant and be satisfied that they are a fit and proper person. Some matters taken into consideration when assessing a broker registration include, but are not limited to:
- criminal history;
- history of insolvency, bankruptcy or debt relief; and
- history of non-compliance with export control laws.
A national police check, no older than 3 months, must be submitted with your broker registration application unless you hold a current Australian Government security clearance level of Negative Vetting 1 or higher.
Registration as a broker is valid for 5 years. All registered brokers are added to the public Register of Brokers, which is available on the Register of Brokers Page.