The purpose of this Procedure is to establish the principles and to provide for procedures to ensure that Federation University Australia (University) complies with the various foreign arrangements and interference laws in Australia, which are set out below under Legislative Context (Foreign Arrangements and Interference Laws).

Australia’s Foreign Arrangements Scheme was introduced in 2020 to ensure that arrangements between state and territory governments (and their entities) and foreign entities are consistent with Australia’s foreign policy and do not adversely impact national foreign relations.  As a publicly funded university, Federation University is a government entity under the terms of the scheme and is bound by the requirement to notify the government of certain foreign agreements.

Agreements entered by the University are generally deemed non-core arrangements as defined by Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act) and do not require prior approval by the Minister for Foreign Affairs, however a notification of intention to negotiate an agreement with a foreign entity must be submitted prior to the agreement being executed.  The Minister must also be notified within 14 days of entering into the agreement.  The Minister may make a declaration prohibiting the University from entering the agreement or declaring that an existing agreement is not in operation if the arrangement is inconsistent with Australia’s foreign policy or may adversely affect Australia’s foreign relations. 

This procedure has been developed to provide information and guidance to staff and to ensure that the University acts in compliance with Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (the Act).

This procedure applies to all university staff when negotiating, renewing or extending an arrangement with a foreign entity or entering into a subsidiary arrangement under an existing agreement on behalf of the university.

Foreign Arrangements and Interference Laws:

This Procedure outlines the University’s approach and commitment to maintain compliance with all the Foreign Interference Laws.

The University is committed to full compliance with all Foreign Interference Laws that apply to its research, academic and business activities.

The Foreign Influence Transparency Scheme (FITS) was established under the Foreign Influence Transparency Scheme Act 2018 (Cth) and requires the registration of certain activities undertaken by University staff or students. Staff and students will be required to register an activity if:

A Foreign Principal includes a Foreign Government, a Foreign Political Organisation, a Foreign Government Related Entity, or a Foreign Government Related Individual.

Registrable Activities include Parliamentary Lobbying, General Political Lobbying, Communications Activities, Disbursement Activity (payment of money or things of value).

The Foreign Arrangements Scheme was established under the Australia’s Foreign Relations (State and Territory Arrangements) Act 2020 (Cth). Under the Foreign Arrangements Scheme the University is required to notify the Minister of Foreign Affairs if it proposes to negotiate or enter into an arrangement with a foreign government or foreign university that does not have institutional autonomy.

Where a staff member or student intends on entering into an agreement with a foreign government or foreign university it should refer to the Foreign Arrangements Notification Procedure and Checklist.

The University must comply with all relevant Sanctions, which include the United Nations Security Council (UNSC) sanctions and Australian Autonomous Sanctions. Sanctions are measures not involving the use of armed force that are imposed in situations of international concern and are designed to bring a situation of international concern to an end by influencing those responsible in a bid to limit the adverse impacts of a situation or to penalise those responsible.

Sanctions operate to place restrictions on trade in goods and services, place restrictions on engaging in commercial activities, place targeted financial sanctions on designated persons and entities and place travel bans on certain persons.

The University will take all reasonable measures to ensure that Australian Autonomous Sanctions and regulations are complied with. This includes ensuring that the University does not undertake activities under the Sanctions regimes listings as set out by DFAT. This includes ensuring that the follow activities do not occur:

The University will comply with any sanctions imposed by the United Nations Security Council as implemented through any regulations. This includes all UNSC sanctions listed on the DFAT website.

Export control laws regulate the export of defence and strategic goods, technology and software.  This includes the transmission and publication of certain controlled information.

While research or teaching activities may not be specifically related to weapons or defence, they may involve defence and strategic goods, technology or software.  Publication of, or export of these items from Australia to a place outside Australia requires a permit.

Australia’s export controls legislation affects the tangible and intangible export of defence and related goods and dual use good and technologies.  Where there is:

Anyone involved in the conduct of research associated with Federation University must be aware of and comply with Australian export controls legislation.

The Defence and Strategic Goods List (DSGL) is a legislative instrument that is amended from time to time to reflect changes in the various multilateral non-proliferation and export control regimes of which Australia is a member.  The DSGL can be accessed online here. 

Forms

This Procedure will be communicated throughout the University community in the form of:

This Procedure will be implemented throughout the University via: