32US Defence Articles exempt from the scope of the Defense Trade Cooperation Treaty

32 US Defence Articles exempt from the scope of the Defense Trade Cooperation Treaty

Dealings in US Defence Articles prior to authorisation (1) An Australian Community member commits an offence if: (a) the member supplies goods or supplies technology relating to goods; and (b) the supply is of goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the supply is of technology relating to original goods; and (c) at the time of the supply, the following is listed in Part 2 of the Defense Trade Cooperation Munitions List: (i) if the supply is of original goods or is of technology relating to original goods—the original goods; (ii) if the supply is of incorporated goods—any of the original goods incorporated in the incorporated goods; and (d) at the time of the supply, there is neither a licence or other authorisation granted by the Government of the United States of America, nor a notice under subsection (4), in force in relation to the Australian Community member and in relation to: (i) if the supply is of original goods—the original goods; or (ii) if the supply is of incorporated goods—each of the original goods incorporated in the incorporated goods and listed as described in subparagraph (c)(ii); or (iii) if the supply is of technology relating to original goods—the technology.

Penalty: Imprisonment for 10 years or 2,500 penalty units, or both.

Note: See also section 35 (about transition to the Defense Trade Cooperation Treaty).

(2) An Australian Community member commits an offence if: (a) the member provides defence services in relation to goods or in relation to technology relating to goods; and (b) the defence services are provided in relation to goods that are an Article 3(1) US Defence Article or an Article 3(3) US Defence Article or the defence services are provided in relation to technology relating to original goods; and (c) at the time of the provision of the defence services, the following is listed in Part 2 of the Defense Trade Cooperation Munitions List: (i) if the defence services are provided in relation to original goods or in relation to technology relating to original goods—the original goods; (ii) if the defence services are provided in relation to incorporated goods—any of the original goods incorporated in the incorporated goods; and (d) at the time of the provision of the defence services, there is neither a licence or other authorisation granted by the Government of the United States of America, nor a notice under subsection (4), in force in relation to the Australian Community member and in relation to: (i) if the defence service are provided in relation to original goods—the original goods; or (ii) if the defence services are provided in relation to incorporated goods—each of the original goods incorporated in the incorporated goods and listed as described in subparagraph (c)(ii); or (iii) if the defence services are provided in relation to technology relating to original goods—the technology.