Law of Export Controls & Trade Sanctions (LAWS90288)

The law of export controls and trade sanctions is emerging as a key area of legal specialisation. This area of law was traditionally focused on trade in arms and military equipment but has gained prominence in recent years with expansions into new areas such as semiconductors, 5G technology, artificial intelligence, quantum computing, and cross-border data flows. With this rapid expansion and the high stakes of non-compliance, many multinational companies are implementing policies to ensure continuing conformity with this complex and evolving area of law.

This subject offers a comprehensive introduction to the law of export controls and trade sanctions, including both the international framework (e.g. UN instruments, Wassenaar Arrangement, the Australia Group) and the domestic rules of major jurisdictions (US, EU, UK). Students will explore the substance and coverage of the rules in this legal regime, including key concepts such as “dual-use” products, “technology transfer”, “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement and violations. Students will also examine the role of major institutions involved in the governance of these regimes. This subject is not about the "right" answers – rather, in light of the descriptive nature of the subject, students will be asked to think critically and develop their own thinking about the existing rules and governance, including the differing perspectives on whether they are fit-for-purpose and capable of adequately addressing new subjects such as critical minerals and advanced technologies. Students will also consider the Australian-specific context, such as how AUKUS is changing the domestic legal landscape.

This subject is suitable for those interested in developing their understanding of this emerging area of law, as well as those interested in practicing in the commercially-relevant field of export controls and trade sanctions. Please note that this subject does not encompass WTO law and is not related to the work of the WTO, and knowledge of WTO law is not required.

Principal topics will include:

• a comprehensive introduction to the law of export controls and trade sanctions, which comprises a collection of rules from international treaties and arrangements (e.g. UN instruments, Wassenaar Arrangement, the Australia Group), and the domestic legal frameworks of major jurisdictions (e.g. United States, European Union, China, United Kingdom, Australia);
• the coverage and scope of these varying rule-sets (e.g. ITAR, EAR, and FACR in the US, and their counterpart legislation in Australia and other major jurisdictions) as well as how these varying rule-sets interact with one another, and the role of major institutions involved in the governance of the regime (e.g. OECC, BIS, OFAC);
• key concepts in this legal regime such as “dual-use” products, "strategic goods lists", “entity lists”, circumvention, the various approaches to sanctions, as well as enforcement mechanisms and the consequences of violations;
• challenges faced by the existing legal regime, particularly whether it is fit-for-purpose in the modern world amidst allegations of worldwide smuggling/evasion networks, and whether it is capable of adequately addressing new areas such as critical minerals, forced labour, and outbound investment;
• the Australian-specific context, such as how AUKUS is changing the domestic legal landscape and the foreign military sales (FMS) framework, and how Australia is leveraging and regulating its position as a key supplier of critical minerals.