This report reviews one proposed treaty action: Agreement between the Government of Australia, the Government of the United Kingdom of Great Britain and Northern Ireland, and the Government of the United States of America for the Exchange of Naval Nuclear Propulsion Information (the proposed Agreement/ENNPIA).
The proposed Agreement relates to the acquisition by Australia of nuclear-powered submarines for the Royal Australian Navy. This would be the first initiative of the AUKUS enhanced trilateral strategic partnership between Australia, the United Kingdom and the United States announced in September 2021.
The proposed Agreement would establish a legally-binding framework for the disclosure and use of information related to naval nuclear propulsion among the three nations, without which it would not be possible for Australia to determine the optimal pathway to deliver the submarine capability.
Given the 18-month timeframe established for determining the optimal pathway, the Committee agreed to a request from the Defence Minister for expedited consideration of the proposed Agreement. The Committee completed its inquiry within 7 rather than the standard 20 joint sitting days.
While the Committee acknowledges significant matters remain to be determined during the 18-month consultation process, the proposed Agreement itself does not raise any significant concerns for the Committee. Any transfers of equipment, materials or technology that follow would be the subject of a subsequent agreement and further Committee scrutiny.
Importantly, the Committee found there would be no weakening of Australia’s commitment to its nuclear non-proliferation obligations as a result of this agreement, which is limited to the exchange of information. While Australia is seeking the optimal pathway to obtaining nuclear-powered submarines, it would not be acquiring nuclear weapons, and sharing knowledge for this purpose is specifically ruled-out by the proposed Agreement.
The Committee acknowledges that non-proliferation issues arise in relation to the proposed acquisition of nuclear-powered submarines, and will seek to remain informed of the Australian Government’s ongoing engagement with the International Atomic Energy Agency.
The Committee supports this treaty action and recommends binding treaty action be taken.
This report also contains the Committee’s review of one minor treaty action: 2021 Amendment to Annex I of the International Convention against Doping in Sport.
The Committee supports this minor treaty action and agreed binding treaty action be taken.