EXPLANATORY STATEMENT
Issued by the Authority of the Minister for Defence
‘Foreign Country List’ made under s 15(4A) of the Defence Trade Controls Act 2012
The ‘Foreign Country List’ is a legislative instrument made under s 15(4A) of the Defence Trade Controls Act 2012 by the Minister for Defence.
Overview and purpose
The success of global export controls relies on the strength of the regulatory systems of individual countries from around the world, and the interrelationship and cooperation of those like-minded countries who work together to support the international export control system more broadly.
The countries listed on the Foreign Country List satisfy two criteria:
- they are members of four of the major international export control regimes (the Wassenaar Arrangement, Nuclear Suppliers Group, Missile Technology Regime and the Australia Group); and
- the Australian Government considers that these countries have reliable export controls.
In recognition of the reliability of the export control regulation in these countries, a legislative exemption to the main brokering offences has been created in s15 of the Defence Trade Controls Act 2012. The exemption effectively enables goods and technology listed in the Defence and Strategic Goods List (DSGL) to be brokered without requiring the broker to obtain a permit in accordance with s16 of the Defence Trade Controls Act 2012. This legislative exemption aims to remove a double layer of regulation.
The exemption applies to brokers who are either in Australia and are arranging DSGL goods or technology to be supplied from or within a country listed in the Foreign Country List, as well as to Australians who are conducting their brokering activities whilst physically in a country listed on the Foreign Country List.
Consultation
The Defence Export Control Office prepared the Foreign Country List in consultation with the Department of Foreign Affairs and Trade.