1 / 17

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

katharinec
Download Presentation

Defence Trade Co ntrols Act – Implementation experience to date

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  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?

More Related