International export controls
For goods and technologies originating from another country, international export controls may apply
Australia is not the only country with export controls in place. Other foreign government agencies also regulate export controls and may require that you seek their permission before export. This is usually when re-exporting or re-transferring a controlled technology originating from that country. Many are members of the same international export controls regimes and so their controls may be similar, but they are not exactly the same.
US export controls
The two main export control frameworks for the US are:
- the International Traffic in Arms Regulations (ITAR), which regulate military goods and technologies listed on the US Munitions List.
- the Export Administration Regulations (EAR), which regulate dual-use goods and technologies listed on the Commerce Control List.
The US exporter should provide you with information regarding an item's classification. There are exemptions to control requirements for both of these frameworks, including if the goods and technologies are already in the public domain or are basic scientific research with no restrictions on information sharing.
See 'Export Controls: Australia and the USA' for a brief introduction and comparison of controls.
License Exception Strategic Trade Authorization and Prior Consignee Statements for the EAR
Section 740.20 of the EAR authorises export, re-export and transfer (in-country) of certain EAR-controlled goods and technologies to foreign nationals in lieu of a licence. If this is relevant to your goods/technologies, you should have been required to sign a prior consignee statement that refers to your obligations under the License Exception Strategic Trade Authorization in Section 740.20 of the EAR. Advice should be sought from Legal and Risk before signing such statements.
Please contact the Export Controls Team for further advice.