Defence Export Controls Customer Acknowledgement & Liability Notice:

• The customer is hereby advised and acknowledges that items listed under the Defence and Strategic Goods List (DSGL) are subject to strict export control regulations. These items must not be resold, transferred, diverted, made available to, or otherwise disposed of outside of Australia, or to any foreign national within Australia, without prior written authorization from the Australian Defence Export Control Office (DECO).

• The customer is further advised and acknowledges that items classified under the U.S. Export Administration Regulations 99 (EAR99) are subject to re-export restrictions as administered by the U.S. Department of State’s Directorate of Defense Trade Controls and the Bureau of Industry and Security (BIS). Such items must not be resold, transferred, diverted, made available to, or otherwise disposed of outside of the United States or Australia, or to any foreign national within either country, without the express written consent of the U.S. Department of State.

• The customer and/or end-user is hereby notified and acknowledges that they may be required to complete and sign legally binding End-User Certificates (EUCs) and/or Re-Export Declarations to certify compliance with relevant export control legislation, including but not limited to the United States International Traffic in Arms Regulations (ITAR), Export Administration Regulations (EAR), and the European Union Dual-Use Regulation. Refusal or failure to complete these documents may result in order cancellation or withholding of goods until compliance requirements are met.

• By proceeding with a purchase of Export-Controlled Goods, the customer and/or end-user agrees and acknowledges that Nocturnal Optics Australia and its affiliates accept no legal liability or responsibility for any breach of Australian or international export control laws resulting from the unauthorized re-export or handling of DSGL, ITAR, EAR99, or EU Export-Controlled items by the customer or end-user.

International Traffic In Arms Regulations (ITAR) & Export Administration Regulations 99 (EAR99) - Export Regulations Notice:

Some products on the Nocturnal Optics Website are classified as ITAR or EAR99 Restricted under USA Export Administration Regulations. 

These Items are restricted for export by the US DEPARTMENT OF STATE DIRECTORATE OF DEFENSE CONTROLS under the INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITAR), 22 CFR 120-130.  These item(s) may not be resold, handled, diverted, transferred, made available to, or otherwise disposed of outside of the United States or to any foreign national within the United States without the prior written approval of the U.S. Department of State.  

More information regarding these export regulations can be found online at www.pmddtc.state.gov.

ITAR & EAR99 products cannot be exported to embargo-countries (Iran, North-Korea, Syria, etc.).

After purchase, Nocturnal Optics Australia is obligated (as per existing US-AUS Treaties) to verify compliance with EAR99 regulations by cross-checking customer information against the USA Consolidated Screening List.

DEC Overview

Defence Export Controls (DEC) within the Department of Defence is Australia’s military and dual-use goods and technology export regulator.

DEC supports government, industry and academic sector stakeholders, and private individuals, to ensure the responsible movement of military and dual-use goods and technology to any place or person outside of Australia.

Through strategic partnerships with government, industry, academia, and private entities, DEC upholds the secure transportation of military and dual-use goods and technology internationally.

Defence Export Control Office/ ABF Registration

Nocturnal Optics is proud to be a registered client with the Australian Department of Defence - Defence Export Control Office (DECO) and the Australian Border Force. This partnership showcases our commitment to quality and security standards.

These registrations signify our commitment to complying with the regulations and guidelines set forth by the Australian government regarding the export of defense-related products and technologies.

DECS: 700803D

International Import Disclaimer

(For International Orders outside of Australia through the Nocturnal Optics Website.)

Certain items on our website may be restricted in your country and may be withheld at the border. It is important to be aware of any potential restrictions that may apply to your location.

We are unable to remain across every countries Defence Goods and Technologies import requirements, Nocturnal Optics will always strive to review foreign export requirements to the best of its ability in order to remain compliant, however, it is the customers main responsibility to ensure that what you order will be able to clear customs.

Customers are advised to conduct research on their country's import regulations to ensure a smooth customs clearance process.

Please check with your local customs office to verify if the items you are ordering comply with import regulations.

On 1 September 2024, the new Defence Trade Controls Amendment Act 2024 and Defence Trade Legislation Amendment Regulations 2024 commenced. This updated Australia’s defence export controls laws in 2 major ways:

AUKUS License-Free Environment

Establishment of a licence-free environment, where permit requirements are waived for most military and dual-use goods and technology items exported, re-exported or transferred between Australia, United Kingdom and United States (AUKUS) partners.

Nocturnal Optics Australia can now export Night Vision and Thermal Imaging Products to AUKUS Partners in a license-free environment, eliminating the need for an Australian Defence Export Permit.

DTCA 2012 Legislation Controls

Creation of 3 new controls in the Defence Trade Controls Act 2012 (in addition to the existing controls):

• Section 10A: supply of Defence and Strategic Goods List (DSGL) technology to a non‑exempt foreign person within Australia.
  
• Section 10B: supply of goods and technology on Part 1 (Munitions) and Part 2 (Dual Use) ‘Sensitive’ and ‘Very Sensitive’ Lists of the DSGL, that was previously exported or supplied from Australia

More Information On Export Controls

DEC Webpage-https://www.defence.gov.au/business-industry/export/controls/about/defence-export-controls

Defence Trade Controls Act 2012, Foreign Country List -https://www.legislation.gov.au/Details/F2016L00548