One of America’s leading figures on weapons export regulations warns Australia could “surrender any sovereignty capability” under draft laws linked to the AUKUS partnership being introduced to parliament this week.
Defence Minister Richard Marles will on Thursday table controversial amendments to Defence Trade Controls tightening restrictions on how military technology is shared with foreigners, while exempting the United States and United Kingdom.
Provisions in the Defence Trade Controls Amendment Bill 2023 will create three new criminal offences punishable by up to 10 years in jail, while establishing an export licence-free environment that “will revolutionise trade among and between AUKUS partners”.
The proposed legislation has alarmed the academic and scientific community, and now a former Pentagon official warns it is also likely to stop technology cooperation with non-AUKUS states including partners Japan, Korea, France, Germany and other NATO countries.
Bill Greenwalt, who wrote much of America’s defence procurement laws, also claims Australia’s draft laws could harm national security in both nations by undermining necessary efforts to reform US export controls.
“After years of US State Department prodding, it appears that Australia signed up to the principles and specifics of the failed US export control system,” Dr Greenwalt told the ABC.
“Whenever it cooperates with the US it will surrender any sovereign capability it develops to United States control and bureaucracy.
“In exchange, Australia got nothing except the hope that the US will remove process barriers that will allow the US to essentially steal and control Australian technology faster.”
The former under secretary of the Defence Department said future Australian-developed military technology not shared with the United States will find itself enmeshed “in the same type of mind-numbing bureaucratic controls” that pose barriers to innovation in the US economy.
“The prospect of the same happening in Australia is extremely high as commercial Australian AI, quantum and other high technology companies will be smart to not work with your Defence Department,” he said.
Dr Greenwalt argues the goal of the outdated US export control system is “arms limitation, not innovation” which “has effectively tampered disruptive defence innovation in the US market for decades”.
“Unfortunately, the US is hopelessly tied to a process designed to do just the opposite and it appears Australia is on the road to doing the same,” he warns.
The visiting fellow at the American Enterprise Institute believes the Biden administration now has no incentive to change the way it regulates defence innovation with its AUKUS allies.
“Australia threw away its negotiating cards and put the UK in an awkward position while the US State Department will continue in its delusion that the system is effective by pointing to Australia and saying ‘see there is another country in the world that does what we do’.”
Defence minister claims laws will unlock billions worth of Australian exports
The Defence Trade Controls Amendment Bill 2023 is the fifth piece of legislation introduced by the Albanese Government which directly relates to the AUKUS objective of acquiring nuclear-powered submarines and developing other advanced military capabilities.
Already the government has signalled it will refer the controversial legislation to a relevant committee for consideration, where further briefings and hearings can be held, and will include a 12-month transition phase for Australian companies and institutions.
After introducing the draft laws to parliament on Thursday, Mr Marles will fly to California for the second AUKUS Defence Ministers’ Meeting with his US and UK counterparts.
“This legislation will provide Defence industry, science and research sectors with greater opportunities for collaboration and trade with our AUKUS partners without the burdensome red tape,” Mr Marles says.
“This will benefit defence industry in Australia, unlocking $5 billion – more than half of our annual exports – to our AUKUS partners.”
Source : ABC News
