What is controlled?
Your goods, software and technology are controlled if they are listed on the New Zealand Strategic Goods List
The goods on the Strategic Goods List are derived from the control lists produced by the four export control regimes New Zealand belongs to. The list includes military and dual-use goods and technology.
The list was updated on 9 September 2019. The explanatory statement of the amendments [PDF, 316 KB]reflects changes made to the list since it was last updated in August 2018.
New Zealand Strategic Goods List [DOCX, 795 KB]
Gazette Notice for the purposes of the definitions of military end-use and dual-use goods
Under the Brokering Act, the Secretary of Foreign Affairs and Trade must issue a Gazette Notice for the purposes of the definitions of 'military end-use' and 'dual-use goods'.
Part 1 (The Munitions List) of the Strategic Goods List is Gazetted as constituting the specified categories of military items for the purposes of the definition of “military end-use” in the Act.
Part 2 (The Dual Use List of Goods and Technologies consisting of Categories 0-9, the Sensitive List and the Very Sensitive List) of the Strategic Goods List, is Gazetted as constituting the specified categories for the purposes of the definition of “dual-use goods” in the Act.
Read the Gazette Notice (external link).
What are dual-use goods?
Dual-use goods are goods and technologies developed for commercial purposes, but which may be used either as military components or for the development or production of military systems or weapons of mass destruction.
Dual-use goods may be exempt in certain circumstances as detailed below. (link to exceptions to requirements)
What is 'technology'?
'Technology' means specific information or software necessary for the development, production or use of a product. This information takes the form of ‘technical data’.
‘Technical data’ may be:
- engineering designs and specifications
- manuals and instructions written or recorded on other media or devices such as cds, tape, read-only memories (ROM).
Note: consulting services may involve the transfer of ‘technical data’.
Firstly, you should self-assess your goods or technology against the New Zealand Strategic Goods List.
The parameters in the list are often very technical and you and your organisation may be best placed to self-assess, as you are most likely to have the detailed specifications and technical expertise.
Strategic goods identification tool
The Australian Department of Defence, Defence Export Controls has developed an online search tool to identify if goods are controlled. It has endorsed its use by New Zealand exporters, recognising that the New Zealand Strategic Goods List is derived from the Australian list. There are some minor differences. Each has a national section relating to non-military firearms and explosives (ML901-ML910). New Zealand also uses Category 0C001 and 0C002.
The online search tool is also useful to identify controlled goods, particularly the more technical dual-use goods (Category 0-10).
You can ask MFAT to determine whether your goods are controlled if you are carrying out a brokering activity by contacting the Export controls office at the Ministry of Foreign Affairs.
Please note that we do not have the range of scientific and technical expertise that’s required to cover the entire scope of items on the Strategic Goods List. When we are not able to determine goods or activities using the knowledge we have, we will seek assistance from other agencies. This can take some time.
The requirements for registration and obtaining a permit do not apply to a person who carries out a brokering activity in relation to dual-use goods who, before the person carries out the brokering activity, has taken reasonable steps to ensure that the dual-use goods will not be used for any of the following prohibited uses:
- the development, production, or deployment of nuclear, chemical, or biological weapons or their means of delivery
- a military end-use
- use as parts or components of military items that fall within a category of the Strategic Goods List.
The requirements for registration and obtaining a permit do not apply to a person who carries out a brokering activity from a place outside New Zealand, and who complies with an equivalent overseas regime in relation to the brokering activity.
The requirements for registration and obtaining a permit do not apply to a person who carries out a brokering activity on behalf of the person’s employer but only if, in relation to that activity, the person has reasonable grounds to believe that the employer complies with the New Zealand or an equivalent overseas regime.
Equivalent overseas regime
An overseas regime that regulates brokering activity, or that imposes export controls in relation to weapons or dual-use items, is an equivalent overseas regime if the Secretary of Foreign Affairs and Trade is satisfied that the regime is:
- substantially the same as the New Zealand regime
- or sufficiently equivalent, in relation to the regulation of brokering activity in accordance with the Arms Trade Treaty, to the regime under the New Zealand regime.
An “equivalent overseas regime” for the purposes of implementing the Brokering (Weapons and Related Items) Controls Act 2018 is a country which is a member of either: the Wassenaar Arrangement, the Missile Technology Control Regime or the Australia Group. The equivalent regime countries are:
Argentina, Australia, Austria, Belgium, Brazil, Bulgaria, Canada, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, India, Ireland, Italy, Japan, Korea (Republic of), Latvia, Lithuania, Luxembourg, Malta, Mexico, the Netherlands, Norway, Poland, Portugal, Romania, Russia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Turkey, Ukraine, United Kingdom and the United States