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Defence Trade Co ntrols Act – Implementation experience to date

Defence Trade Co ntrols Act – Implementation experience to date. Tina Mathewson A ssistant Secretary Defence Export Controls (DEC) Defence Industry Policy Division Strategic Policy and Intelligence Group. Overview. Defence Export Controls (DEC) – Who we are Defence Trade Controls Act 2012

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Defence Trade Co ntrols Act – Implementation experience to date

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  1. Defence Trade Controls Act – Implementation experience to date Tina Mathewson Assistant Secretary Defence Export Controls (DEC) Defence Industry Policy Division Strategic Policy and Intelligence Group

  2. Overview • Defence Export Controls (DEC) – Who we are • Defence Trade Controls Act 2012 • Defence Export Controls - Current Trends • Engagement with Academic and Research Sector

  3. Defence Export Controls (DEC) – Who we are • 35 staff • Regulate export of defence and strategic goods and technology • 5000 permits/advices/certificates per year • Legislation • Customs (Prohibited Exports) Regulations 1958 - controlled • Defence Trade Controls Act 2012 - controlled • Weapons of Mass Destruction Act 1995 – ‘catch all’ • International regimes (Australia Group, Missile Technology Control Regime, Nuclear Suppliers Group, Wassenaar) • Key Assessment Criteria

  4. Defence Trade Controls Act 2012 • Defence Trade Controls Act 2012 • Regulates: • Intangible supply of controlled technology • Publication of controlled military technology • Brokering the supply of military goods and technology: • military goods, software and technology listed on the Defence and Strategic Goods List; and • tangible and intangible

  5. Defence and Strategic Goods List Missile Technology Control Regime Australia Group = Defence and Strategic Goods List (DSGL) Chemical Weapons Convention Nuclear Suppliers Group Wassenaar Arrangement

  6. Implementing the DTC Act • 2 year consultation with stakeholders • Strengthened Export Controls Steering Group • Outreach Programmes • Concerns from academic and research sectors • Amendment legislation • 1 year Implementation period • In force 2 April 2016

  7. Legislation Review • DTC Actreview provision: • Initially after 2 years (due April 2018) • Then every 5 years • The review process: • continued learning from stakeholders informed by experience • export controls are effective and balanced • Review process will commence in 2017

  8. DEC - Current Trends • Total Applications received during FY 2015-16 • Includes permits, in-principle approvals, Export Control Assessments and advice to Government agencies

  9. DEC - Current Trends • Export application approvals delivered for FY 2015-2016 Comparison: Tangible vs. Intangible Denials for tangibles: 1 Prohibitions for intangibles: 0

  10. DEC - Current Trends • Performance against mandated assessment timeframes for FY 2015-16 • Details available at: http://www.defence.gov.au/ExportControls/Statistics.asp

  11. DEC - CurrentTrends • Usage of the DSGL Online Tool for FY 2015-16

  12. Applications from universities and researchers • Total of 174 applications for FY 2015-16 • Tangible permits issued:19 • Intangible permits issued: 20 • Export Control Assessments: 122 • Other (withdrawn, lapsed and in-principles):13 • Low numbers due to 2 April 2016 start date

  13. Engagement with the Academic and Research Sector • Assists the sector to comply with intangible technology controls • Approach includes: • nominating dedicated DEC points of contact • creating website scenario-based training • developing sector-specific guides

  14. Case Study 1 • Institute was concerned regarding the export of a live culture of bacteria: • Part of an international research collaboration • Strain not listed on the DSGL • Goods have a WMD peripheral use • Other strains of bacteria are controlled • Sought advice from DEC: • Engaged with the institute • Assessed risk of posed by the export was low • End use, end user, destinations • Provided advice allowing export • Institute was able to export: • without delays • no intervention from the Australian Border Force

  15. Case Study 2 • Research institute wanted to provide data to an international research institute as part of a research collaboration: • Included methods and results • Applied to DEC for an Export Permit • DEC: • Engaged with the institute • Assessed technology to be controlled under DTC Act • Provided permit within four days of receiving application • Institute was able to: • Provide data with supporting documentation from DEC • Complete research and collaboration without concern

  16. Looking Forward • Ongoing legislative reviews • Customs (Prohibited Exports) Regulations 1958 • Review of DTC Act through 2017 / 2018 • DTC Act compliance framework • consistent with Regulation 13E • promote robust internal compliance programs • graduated approach to addressing compliance breaches • draft Compliance Policy Statement

  17. Defence Export Controls Questions?

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