Conditions of Approval are attached to all membership notices provided to new Australian Community Members. These conditions outline the mandated Australian Community membership compliance requirements, and are to be abided by at all times:
- Any changes that may affect membership of the Australian Community must be reported to Defence within 5 business days. Changes may include a change in the senior executives; the facility, acquisition or divestment of a subsidiary or foreign affiliate; a merger; a takeover; or a change of location. Changes are to be submitted by email to USTradeTreaty@defence.gov.au.
- Written notification must be provided to Defence at least 60 calendar days in advance of any intended sale or transfer of ownership or control of a company that has been granted Australian Community membership to a foreign person. Once this change has taken place, the change must be reported to Defence within 5 business days. Changes are to be submitted by email to USTradeTreaty@defence.gov.au.
- Any unauthorised export, transfer, re-transfers or re-export of a Defence Article must be reported to Defence within 48 hours. Reports are to be submitted by email to USTradeTreaty@defence.gov.au.
- The approved Australian Community member must obtain and maintain security accreditation from Defence for any facilities and Information and Communication Technology (ICT) systems used for the storage, handling or manufacture of Defence Articles.
- An Australian Community member must not re-transfer or re-export US Defence Articles as defined in section 5 of the Act (Defence Articles) without appropriate authorisation first being obtained from the Government of Australia and/or the Government of the United States of America as appropriate. Requests are to be submitted by email to USTradeTreaty@defence.gov.au.
In addition to the conditions listed above, an Australian Community member must meet the requirements of the Defence Trade Controls Act 2012 and the Defence Trade Controls Regulation 2013.
These conditions are to be strictly adhered to at all times, and should form the basis of a compliance approach for any Australian Community Member.
Treaty Article markings differ based upon the source and classification of the article.
If it is impractical to mark an article, or if the article is intangible, the marking must be included on any accompanying documentation, which may include shipping bills, invoices, and contracts, or in the name of the file or email if electronic.
The use of the term 'Restricted' in the marking of an unclassified controlled US origin Treaty Article is as a dissemination marker only, restricting access to members of the Australian and US Approved Community. It is not a security classification.
Additional requirements may be applicable depending on the security classification of a project or activity.
Australian Community members handling and storing Treaty Articles will be required to join the Defence Industry Security Program.
Facilities
Australian Community members must ensure that facilities used for the handling and storage of Treaty Articles are accredited by Defence. Facilities must be accredited to the appropriate standard commensurate to the classification of the Treaty Article to be stored or handled at the facility. Australian Community members handling and storing Treaty Articles will be required to join the Defence Industry Security Program (DISP). The minimum DISP Physical Security level required for Australian Community Members is Level 1.
If the Treaty facility is Defence owned, or located on a Defence establishment, the provision of a letter from the respective Defence facility representative is required. This letter is to state that the Approved Australian Community Member is approved to use the described facilities for the purpose of handling and storage of Treaty articles.
The nomination of a facility of another Government or Non-Government Treaty Approved Community member will not waiver the requirement to gain DISP membership for an Australian Community Member or prospective new applicant. However, this requirement may, on a case by case basis, be reduced in the area of DISP accreditation of Physical Security to Entry Level. This only applies if the applicant uses this facility exclusively.
Should the applicant have a requirement to utilise their own facility for undertaking Treaty activities, this facility will be required to be accredited at DISP Physical Security Level One before any Treaty articles can be stored or handled at that facility.
Transportation
Australian Community members must use approved Intermediate Consignees to transport Treaty Articles.
A list of approved Intermediate Consignees is available for reference by Australian Community members. Australian Community members must refer to the Defence Protective Security Framework (Principle 71) for advice on transporting any Treaty Articles that are classified.
Australian Community members are required to report changes or incidents that may impact on their Australian Community membership and/or matters of national security. Below is an overview of reporting requirements Australian Community members must adhere to:
- annual compliance reporting to Defence;
- notification of any changes to personnel, facilities or Information and Communications Technology systems that may affect membership in the Australian Community;
- notification of any changes to Foreign Ownership, Control and Influence; and
- reporting all security incidents such as theft, loss or unauthorised access involving Treaty Articles.
When a Treaty activity occurs such as the transfer of an article, a record of that activity must be made. The record must identify the article and provide details on the activity that has occurred. The level of detail should be sufficient enough for ease of auditing.
The purpose of compliance monitoring is to support and verify Australian Community member compliance with Treaty obligations. Defence will conduct any compliance monitoring activities in consultation with Australian Community members.
Under the Defence Trade Controls Regulation 2013, Defence is required to report on Australian Community Member compliance with Treaty obligations within 30 days of the end of each financial year. Australian Community Members should expect to receive notification for the need to submit their annual compliance reports prior to the end of each financial year.
Only Defence personnel who are appointed as Authorised Officers are able to undertake compliance activities that require entry to a facility. Authorised Officers will liaise with nominated Authorised Executives to coordinate compliance monitoring activities.
Personnel Security Clearance Requirements
Australian Community members personnel that require access to Treaty Articles must hold a minimum of a current active Australian Government Security Vetting Agency (AGSVA) BASELINE security clearance.
NOTE: Australian Community members may be required to obtain and manage security clearances for personnel, which will require members to hold a minimum of DISP Personnel Level 1 membership (allowing DISP members the ability to sponsor security clearances), dependant on item classification level.
Additionally, all personnel are to be checked for indicators of significant ties during the employment screening process, such as connections proscribed under ITAR126.1. Should ties be identified, the personnel are to be vetted to a minimum of NV1.
Citizenship Requirements
Australian Community member personnel that require access to Treaty Articles must be Australian citizens (unless both the Australian and the US Governments have agreed to waive the requirement for a person).
ICT and Cyber Security Requirements
The DISP ICT and Cyber Security category required for Australian Community Members is Entry Level.
All Australian Community members must adhere to any additional conditions in their approval notice.