Treaty articles
A Treaty article is any good or technology which has been approved for export under the Australia-US Defence Trade Cooperation Treaty (the Treaty). The Defense Trade Cooperation Munitions List (DTCML) details articles that are approved for export under the Treaty:
- Part 1 is based on the United States (US) Munitions List and identifies goods and technologies that are eligible for export under the Treaty.
- Part 2 is based on the Exempted Technologies List (ETL) and identifies the goods and technologies not eligible for export under the Treaty.
Defence articles listed on the United States Munitions List are eligible for transitioning into the Treaty unless specifically exempted by the ETL.
Foreign military sales articles
Defence articles acquired through the Foreign Military Sales (FMS) program are eligible after they have been delivered, as per article 3(3) of the Treaty. The FMS program must be included on one of the scope lists, and articles intended for trade must be listed on the DTCML.
The article must be transitioned into the Treaty by transitioning the article into the Treaty. Instructions on how to achieve this can be found on the Treaty procedures page.
Eligible activities
Eligible activities defined under the scope of the Treaty are covered by the Nominated US Government End-Use programs.
Australian Government End-Use programs (PDF, 345.37 KB)
Cooperative programs (PDF, 97.33 KB)
Combined operations and exercises (PDF, 40.64 KB)
These lists are amended as new projects, programs or exercises emerge and/or conclude. Amendments are subject to mutual approval by the Australian and US Governments.
Amendment requests for adding new projects and programs to the scope list can be submitted via email.
Approved Community
The Approved Community comprises an Australian Community and a US Community. Both communities include government and non-government entities that have applied and been approved as members of the Approved Community. Each community is managed by their respective Government.
Information on how to become an approved member can be found on the Australian Community membership page.
Non-Australian Community members
Under the Treaty, non-Australian Community members can participate where:
- a sub-contractor or small-to-medium enterprise is not centrally involved in Treaty-related activities, but requires access to Treaty articles for a specific purpose (for example, to conduct a specialised finishing or coating process).
- a sub-contractor needing access to Treaty articles must request authorisation through a general correspondence letter to the United States Department of State (under the provisions of an ITAR 123.9 retransfer). If authorisation is granted, the Treaty article will be subject to normal ITAR access requirements while in the sub-contractor's possession.
Any approval from the United States is likely to incur strict provisions, which will be noted on approval documentation. The approved recipient (sub-contractor) must ensure these provisions are fully understood and implemented.
Treaty controls will resume on the Treaty article when it is returned to the Australian Community member.
International Traffic in Arms Regulations
Companies that currently use individual International Traffic in Arms Regulations (ITAR) authorisations should continue to do so.
The Treaty may exclude sharing technical data often associated with complex acquisition and sustainment projects subsequently ruling out its use. Eligible technical data will be described/annotated within part 1 of the DTCML.
Australian Community members can operate under both the ITAR and the Treaty if that community member is involved in an activity that is not covered by the scope of the Treaty.