Export Control Compliance

Australia & USA Defence

In Australia, the export of defence-related goods and services is subject to control under the Customs (Prohibited Exports) Regulations, Regulation 13E and are listed on the Defence Strategic Goods List.   The equivalent regulations in the United States (US) are the ITAR (International Traffic in Arms Regulations) which administers Defense Articles and Services on the United States Munitions List and the EAR (Export Administration Regulations) which administers Items which may have dual military and commercial applications on the Commerce Control List.  All are designed to help ensure that defence related technology does not get into the wrong hands, while promoting national security interests and foreign policy objectives.

Determining jurisdiction for exports is fundamental to ensuring compliance in controls (licensing and retransfers) and end-use.   Export control is a complex and dynamic field and understanding exceptions and exemptions (such as those accorded by the AUS-US Defense Trade Cooperation Treaty) can increase the efficiency and reduce delivery times for defence projects.   The rise in cyber security has also seen an increase in the control of technology; in particular, a new focus on the classification and protection of Controlled Unclassified Information. While these changes may appear to be barriers to entry for Australia, the US Force Posture Initiatives and the recognition of Australia in the US National Technology and Industrial Base, provide unprecedented opportunities for increased interoperability and industrial collaboration for those agencies willing to navigate the regulatory environment.

To that end, Goal has created a program of foundational and practitioner level training to allow an in-depth understanding of the regulations and what is needed to assure governance and compliance.   The training is primarily aimed at Australian Defence Small and Medium-sized Enterprises (SME), but is equally applicable to the Defence department and large corporations.   Training outcomes include:

  • An awareness of Australian Export Controls and the Defence Export Controls Office.
  • An in-depth understanding of the US Government Export Control Reform.
  • An in-depth understanding of ITAR and what is needed to ensure compliance.
  • An in-depth understanding of EAR and what is needed to ensure compliance.
  • Managing US export-controlled items, including technology, from a practical industry perspective.
  • An in-depth understanding of the Australia – US Defence Trade Controls Treaty.

Goal has provided training, compliance audits and advice to several Defence and Defence Industry clients and is fast becoming the ‘go to’ provider to ensure that their supply chains, comprised of SME’s, are compliant.  Goal has been actively providing these services for the past 18 months enhancing our in-depth understanding of the requirements of Australian export control, the ITAR and the EAR.

If you would like more information on defence export controls and training, or you would like to arrange for a training course, please contact us.