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
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 USQ:
- 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.
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 and Strategic Good list (DSGL), you may require a permit to be authorised by the Defence Export Control Office. The Defence and Strategic Goods List (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. The Office of Research will work with researchers to assist them in fulfilling their compliance obligations.
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
- USQ - Defence Export Controls Presentation (PDF 877KB)
- USQ - Defence Export Controls Information Sheet (PDF 366KB)
- DECO - Online Defence and Strategic Goods List (DSGL) Tool
- DECO - Frequently Asked Questions (FAQ's)
Export Administration Regulations (EAR) USA or International Traffic in Arms Regulations (ITAR) USA may apply to equipment or software used at USQ.
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.