The University is subject to a number of Acts and Regulations which contain trade controls:
- Autonomous Sanctions Act 2011 (Cth)
- Customs Act 1901 (Cth)
- Charter of the United Nations Act 1945 (Cth)
- Defence Trade Controls Act 2012 (Cth)
- Weapons of Mass Destruction (Prevention of Proliferation) Act 1995 (Cth)
- Export Administration Regulations (EAR) USA
- International Traffic in Arms Regulations (ITAR) USA
Autonomous Sanctions
Australian sanction laws implement United
Nations Security Council (UNSC) sanctions regimes and Australian autonomous sanctions regimes.
Autonomous sanctions may impact on the
following activities at UniSQ:
-
Prospective students undertaking
a significant research component; staff and visiting academics from countries subject to international
sanctions
-
Formal or informal research
collaborations (whether funded or not) with academics or organisations if the academics or organisations
are not Australian citizens and are subject to international sanctions;
-
Technology or material transfers
to sanctioned countries or individuals; and
-
Consultancies or private practice
for, or with, sanctioned countries or individuals.
The University engages with supervisors to
ensure that sanctions are considered and uses a form to assist with the risk assessment (Sanctions Compliance Form, DOC 1.3MB)
Defence Export Controls
Australia’s Defence Export Control
Office (DECO) is responsible to the Minister of Defence for regulating the export, transfer and brokering of defence
and strategic goods and technologies to any place outside of Australia.
The Customs Act
1901 regulates the tangible export of goods or technology and the Defence
Trade Controls Act (Cwth) 2012 (the Act) controls the intangible export, brokering and publication of
technologies. The Defence Trade Controls Amendment Bill was passed by Parliament and
has been in affect from 1 April 2016.
Defence and Strategic Goods List
If your research plans or data will be
shared or sent overseas, or used in an overseas conference and are included in the Defence andStrategic Good list (DSGL), you may require a permit to be authorised by the Defence Export Control Office
(DECO). The DSGL is comprised of two parts:
-
Part 1 lists munitions (defence
and related goods)
-
Part 2 lists dual-use items;
that is, items that may be used for commercial purposes, but may be used in military systems or for the
development of weapon of mass destruction purposes.
Goods and technology included in the DSGL
are restricted under the Weapons of Mass Destruction (Prevention and Proliferation) Act 1995 and the Customs Act
1901 and may not be exported from Australia unless a licence or permission has been granted by the Minister for
Defence.
Online DSGL Tool
The DSGL online
tool will help you identify if your research materials or activities will require a permit. The tool
consists of two parts, the Activity Questionnaire and the DSGL Search Tool.
A permit from Defence Export Controls Office
(DECO) is only required when an export, supply, brokering or publishing activity is controlled and the goods,
software or technology are listed in the DSGL. It is recommended that if you are new to export controls and are
unsure if your activity will be controlled, you should complete the Activity Questionnaire first.
If after using the Online DSGL Tool, you
are unable to determine if your item is controlled in the DSGL, you will need to submit an application to DECO for
assessment. The Office of Research will work with you in submitting your application to ensure you are registered
and any required licences are obtained. It is important to note that it is the individual, not the institution, who
is accountable under the Act for non-compliance.
Applications can take up to 15 working days
to assess with more complex applications taking considerably longer. It is important to include this process early
in your research planning.
Quick reference tools and resources
ITAR/EAR
Export Administration Regulations (EAR) USA
or International Traffic in Arms Regulations (ITAR) USA may apply to equipment or software used at UniSQ.
The Department of Defence outlines the requirements around these Regulations:
-
If you deal with US sourced
items or services listed on the US Munitions List (USML) or you wish to permanently or temporarily
export or import them to or from the US, the ITAR should be consulted in the first instance.
-
Items and services that may have
both commercial and military use are listed on the US Commerce Control List (CCL), regulated by the
Export Administration Regulations (EAR). If you deal with US sourced items or services listed on the CCL
or you wish to permanently or temporarily export or import them to or from the US the EAR should be
consulted in the first instance.
Further information
For enquiries please contact Defence Export Controls or our Research Integrity Office.