export-controls 14 February 2019

‘Lack of control over emerging technology’ concerns Australian lawmakers

Australia’s Defence Export Control Organisation (‘DECO’) has given its backing to all the recommendations made by an independent parliamentary review of the Defence Trade Control Act (‘DTC Act’).

Amongst the gaps identified in the DTC Act are ‘the lack of control over the transfer of technology not captured by the DTC Act’s existing provisions but which, if transferred to foreign entities with interests contrary to Australia’s, could prejudice Australia’s security, defence and international relations.’

The review also identified ‘the inadequate control of emerging and sensitive military and dual-use technology’ as something that needs to be addressed.

In its response to the review, the government has said that ‘the Defence Exports Controls Branch (DEC) will establish a working group, led by an independent person, to develop options to address the identified gaps in the Defence Trade Controls Act 2012 (DTC Act).  The working group will consist of representatives from Defence and other relevant government agencies and university, industry and SME representatives to develop practical, risk-based legislative proposals to amend the DTC Act to enhance the government’s ability to prevent the transfer of defence and dual-use technology to entities that may use it in a manner contrary to Australian interests or who are acting on behalf of a foreign power.’

 

Further information is at:
http://www.defence.gov.au/publications/reviews/tradecontrols/Docs/Initial_Government_Response.pdf