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Elements of the Treaty

• Establishes an ITAR-free environment for the US Government, Australian Government and accredited US and Australian companies and sites

• Applies to bilateral collaborative programs, operations and support, Australian Defence and counter terrorism end-use programs, and US Government end-use

• Covers classified and unclassified data, software, services and material

• Preserves all the normal rights conveyed by contracts and agreements

• Provides for the exclusion of highly sensitive technologies from either side

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Operation of the Treaty

• Criteria will be established to qualify companies and facilities• Under commercial arrangements, companies will be able to

exchange data, services and material without licenses or agreements

• Under FMS Cases, once the Australian Government has received the data, services or material, it can then be handled under the Treaty provisions

• Participants will be required to record the movement of items under the Treaty

• Transgressions bring the ITAR into effect, including the ITAR-like provisions which Australia has in place

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Criteria to Use the Treaty

• Is the Program/Operation/Activity approved ?

• Does the technology/equipment qualify ?

• Are the facilities and/or personnel approved ?

3 Yes answers allows freedom of movement and exchange of data, hardware and software, and the provision of services throughout the Approved Community subject to any contractual restrictions

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Why will the Treaty work so well

• Australia produces a Defence Capability Plan with a 10 year outlook that allows early forecasting of requirements

• Australia has the Defence Industrial Security Program (DISP) which closely matches the requirements of the NISPOM

• Australia has a very thorough and robust Security vetting process

• Australia has the Defence Export Control Office as the central office for arms control into and out of Australia

• Australia has legislation in place to allow prosecution under our Customs Regulations

• Australia has the equivalent of the USML and CCL in the form of the Defence and Strategic Goods List