Brokering
Brokering is where a person or organisation acts as an agent or intermediary and arranges the supply of controlled technology outside of Australia. A permit is not required to broker dual use technology.
Publication
Publication refers to information that is made available to the public or a section of the public via the internet, journal articles, conference papers, blogs, websites and/or social media. Except where a general exemption applies, a permit is required when the information published is about military use technology. A permit is not required for the publication of dual use technology.
Scenario: My research is listed on the Defence and Strategic Goods List (DSGL). I wish to publish my new findings in a scientific journal based in the US. Do I need a permit to send a copy to the editor?
If your technology is listed on Part 1 of the DSGL and is part of applied research, you will need a supply permit to send a copy to your publisher abroad, and to send a draft copy to co-authors located overseas.
If your technology is listed on Part 2 of the DSGL (dual use), a permit is not needed to send a paper to a publisher or co-authors located overseas as it is exempted as a ‘pre-publication activity’.
Intangible supply
Intangible supply refers to non-physical methods such as email, fax or providing a password to access electronic files. This does not include instances where the supply is a pre-publication activity (such as emailing an article to an overseas journal or to a colleague for review prior to publication) and some verbal supplies.
Scenario: My research is a controlled DSGL technology. At teleconference project meeting, I discuss the DSGL technology with collaborators in Malaysia.
The oral supply exception applies and you do not need a permit.
Scenario: My research is a controlled DSGL technology. At a teleconference project meeting, I provide my collaborators in Malaysia ongoing access to the project folders containing the DSGL controlled technology.
As your collaborators can now share the controlled technology, you have supplied the technology and a permit is required. An oral exemption does not apply.
Scenario: My research is a controlled DSGL technology. At a project meeting, I provide my collaborators at the Australian National University access to the project folders containing the DSGL technology.
A permit is not required, as supply has occurred wholly within Australia.
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