BAE Systems has been granted a number of Exemptions from certain sections of equal opportunity legislation in South Australia, Victoria, New South Wales and the Australian Capital Territory.

The Exemptions allow BAE Systems to request nationality information from any member of the Company’s workforce or anyone who wishes to join the Company’s workforce in relation to defence-related projects but only to the extent required to enable the Company to comply with security requirements of the Australian government and the requirements of the US Arms Control Act and the associated International Traffic in Arms Regulations (ITAR).

Why does BAE Systems need the Exemptions?

In order for BAE Systems to comply with its mandatory ITAR related contractual obligations, it may be necessary for it to engage in conduct which may contravene certain provisions of Australian equal opportunity legislation.

Such conduct might include taking an employee or applicant’s nationality into account when determining whether that person will be offered a role or allocated work that involves access to ITAR controlled material.

There are consequences which would be fundamentally detrimental to BAE Systems' business in Australia if it did not comply fully with its ITAR related contractual obligations.

BAE Systems' recruitment process adheres to privacy legislation including information storage and the right of access.

What is ITAR?

The ITAR is a set of United States government regulations that control the export and import of certain defence-related articles and services, including technical data, which are listed on the United States Munitions List (USML) (controlled material).

To authorise the export of controlled material, the US Government requires that the licence and access conditions are precisely stated, including:

In particular, BAE Systems has to ensure that unauthorised re-export or re-transfer of the controlled material does not occur, for example by disclosure to a person of a nationality not identified and authorised in the relevant licence, or to a person of a proscribed nationality.

Heavy fines and other significant penalties may be imposed on the US exporter and on BAE Systems if ITAR controlled material is shared with people of a nationality which has not been approved by the US State Department.

How do the Exemptions affect you?

If the role you are applying for requires access to ITAR controlled material then you may be adversely affected by the ITAR controls if you are not an Australian citizen, if you hold dual nationality and/or citizenship, or if you are not of Australian national origin.

Acceptance of your application and any subsequent offer of employment may be conditional upon you being able to satisfy the ITAR requirements for the proposed role. This may require specific authorisation from the US State Department for you to access the ITAR controlled material.

Where practicable, BAE Systems will apply to the US State Department to amend the relevant export licence(s) to include any additional nationalities that you may hold if they are not already authorised. However, until such time as the export licence(s) have been amended, you will, if employed by BAE Systems, probably need to be placed on other projects, areas or facilities where you are not required to have access to ITAR controlled material.

All reasonable steps will be taken to avoid harm or loss to any member of BAE Systems’ workforce who is unable to work on a project requiring access to ITAR controlled material.

BAE Systems continues to protect all of its applicants, employees and contractors against unlawful discrimination and has put in place a number of processes, procedures and training materials to ensure its compliance with the Exemptions and with other equal opportunity and anti-discrimination legislation in Australia.

Accepted nationalities

This will depend on the role you are applying for as each US export licence contains different requirements as to permitted nationalities. If you are concerned as to whether or not you will satisfy the requirements for the role you are welcome to contact the Recruiter responsible for recruitment of that specific role for more information and guidance.

Applying for Australian citizenship

You can apply for Australian citizenship through the Australian Government's Department of Immigration and Citizenship. Details are available on their website at: http://www.citizenship.gov.au/applying/how_to_apply/

Your rights under Australian Federal, State and Territory discrimination laws

Each State and Territory in Australia, as well as the Commonwealth, has its own equal opportunity and anti-discrimination laws and has established a Commission or Board to promote and protect the rights of Australian people. You can access links to relevant legislation and information on your rights in relation to unfair discrimination and equal opportunity from the following websites of Federal, State and Territory Commissions and Boards:

South Australian Equal Opportunity Commission
Victorian Equal Opportunity and Human Rights Commission
New South Wales Anti-Discrimination Board
Australian Capital Territory Human Rights Commission
Australian Human Rights Commission