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Elements of the Treaty

Elements of the Treaty. Establishes an ITAR-free environment for the US Government, Australian Government and accredited US and Australian companies and sites

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Elements of the Treaty

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  1. Elements of the Treaty • Establishes an ITAR-free environment for the US Government, Australian Government and accredited US and Australian companies and sites • Applies to bilateral collaborative programs, operations and support, Australian Defence and counter terrorism end-use programs, and US Government end-use • Covers classified and unclassified data, software, services and material • Preserves all the normal rights conveyed by contracts and agreements • Provides for the exclusion of highly sensitive technologies from either side

  2. Operation of the Treaty • Criteria will be established to qualify companies and facilities • Under commercial arrangements, companies will be able to exchange data, services and material without licenses or agreements • Under FMS Cases, once the Australian Government has received the data, services or material, it can then be handled under the Treaty provisions • Participants will be required to record the movement of items under the Treaty • Transgressions bring the ITAR into effect, including the ITAR-like provisions which Australia has in place

  3. Criteria to Use the Treaty • Is the Program/Operation/Activity approved ? • Does the technology/equipment qualify ? • Are the facilities and/or personnel approved ? 3 Yes answers allows freedom of movement and exchange of data, hardware and software, and the provision of services throughout the Approved Community subject to any contractual restrictions

  4. Why will the Treaty work so well • Australia produces a Defence Capability Plan with a 10 year outlook that allows early forecasting of requirements • Australia has the Defence Industrial Security Program (DISP) which closely matches the requirements of the NISPOM • Australia has a very thorough and robust Security vetting process • Australia has the Defence Export Control Office as the central office for arms control into and out of Australia • Australia has legislation in place to allow prosecution under our Customs Regulations • Australia has the equivalent of the USML and CCL in the form of the Defence and Strategic Goods List

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