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Have you updated your Destination Control Statement for US Controlled Goods?

Audit of company records to find the reason for a violationAs of 1 September 2016 the updated destination control statement must appear on the Commercial Invoice for any physical shipments of ITAR or EAR controlled tangible items that are exported from Australia or retransferred within Australia.

According to the 3 June Federal Register Notice, and with effect 1 September:

(1) The exporter must incorporate the following information as an integral part of the commercial invoice, whenever defense articles are to be shipped (exported in tangible form), retransferred (in tangible form), or reexported (in tangible form) pursuant to a license or other approval under this subchapter:

“These items are controlled by the U.S. government and authorized for export only to the country of ultimate destination for use by the ultimate consignee or end-user(s) herein identified. They may not be resold, transferred, or otherwise disposed of, to any other country or to any person other than the authorized ultimate consignee or end-user(s), either in their original form or after being incorporated into other items, without first obtaining approval from the U.S. government or as otherwise authorized by U.S. law and regulations.”

Somewhere on the commercial invoice you will also need to identify:

(i) The country of ultimate destination;

(ii) The end-user; and

(iii) The license or other approval number or exemption citation.

Note that this is different than the statement you are currently using and that this new statement is a harmonized version that will work for both ITAR and EAR controlled goods.

Ref: https://www.federalregister.gov/articles/2016/08/17/2016-19550/amendment-to-the-international-traffic-in-arms-regulations-procedures-for-obtaining-state-department#h-9 or consult the ITAR section 123.9 as of 1 Sept.

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