Export Control, Sanctions and Foreign Engagement

Export Control, Sanctions and Foreign Engagement
Export Control, Sanctions and Foreign Engagement

Principal speaker

Dr Peter Wilson

Australia's export trade controls legislation is put in place to reduce the risk of Australian research discoveries getting into the wrong hands. The export trade controls legislation regulates the transfer from Australia to a place outside Australia of Defence and Strategic Goods List (DSGL) items and technology and certain sensitive research areas, such as those found on the Critical Technologies list. Export Trade Controls include dual-use items (DSGL Part 2) in applied research, that may have the potential for military applications.

The export of defence and dual-use goods is restricted under the Customs Act 1901, the Customs (Prohibited Exports) Regulation 13E 1958, the Weapons of Mass Destruction (Prevention and Proliferation) Act 1995 and the supply of defence and dual-use technology is restricted under the Defence Trade Controls Act 2012 (DTCA).

Sanctions are measures, not involving the use of armed force, that are imposed in situations of international concern. Australia implements two types of sanctions, United Nations Security Council (UNSC) sanctions, and Australian Autonomous Sanctions, which are imposed as a matter of Australian foreign policy. Australian Autonomous Sanctions are also intrinsically linked to the DSGL and the associated export trade controls laws.

Sanctions generally impose restrictions on trade in certain goods and services. Services can include supervision of HDR students, staff or visiting academics from sanctioned regimes. The restrictions involve an assessment of DSGL or sensitive/emerging/critical technologies. When looking at business partners/collaborators from sanctioned regimes, there is a requirement to also consider any financial sanctions (i.e., sponsorship of HDRs). There are different sanctions depending upon the regime (each regime has its own sanctioned list/s of items, some are additional to the DSGL). Dual-use Defence Export Controls (DEC) exemptions may apply for public domain information and basic scientific research - this will be part of your sanctions risk assessment. Sanctions measures and risks are reduced for Permanent Residents and Citizens of Australia.

Global engagement is a fundamental aspect of all Australian universities. Through global engagement, our student and alumni communities are enriched by classmates from all around the world. Our multi-lateral access to outstanding talent and infrastructure is enhanced, as is the global exchange of ideas, and in collaboration, our capacity to make cutting-edge research breakthroughs and deliver national (and global) benefits is enhanced. Griffith University is committed to ensuring secure and productive international engagement, supported by a range of programs and processes to minimise risks to Australia's national security. Our efforts aim to address and manage the evolving risk environment and ensure effective adherence to key laws which also includes in addition to those already mentioned, the Foreign Influence Transparency Scheme Act 2018 and Australia's Foreign Relations Act 2020, as well as to the Guidelines to Counter Foreign Interference in the Australian University Sector 2021 (often referred to as the UFIT Guidelines).

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