Australia-United States Free Trade Agreement (AUSFTA) - Dispute Settlement
Dear Department of Foreign Affairs and Trade,
The Australia-United States Free Trade Agreement (AUSFTA) entered into force on 1 January 2005. Upon AUSFTA's entry into force, more than 97 per cent of Australia's non-agricultural exports to the United States (excluding textiles and clothing) became duty free and two-thirds of agricultural tariff lines went to zero.
However, in clear breach of the AUSFTA, the American lead Trump government has imposed a 10 per cent baseline tariff on most imported goods, effective 9 April 2025. Most goods originating in Australia are subject to this tariff on import into the US.
Under FOI, can you please provide all documents - internal and external - from your department and Minister related to the Australian government exercising its rights under the dispute settlement provisions in Chapter 21 of AUSFTA post 9 January 2025?
As a further request, under FOI please provide all documents pertaining to the Australian government taking the USA to the World Trade Organisation over the imposition of tariffs.
Looking forward to your response.
Yours faithfully,
Sean
OFFICIAL
DFAT FOI Reference: LEX 12754
Dear Sean (Right to Know)
Thank you for your email dated 20 August 2025, seeking access to documents
under the Freedom of Information Act 1982 (FOI Act).
This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade (the
department).
Scope of request
You have requested for access to:
Under FOI, can you please provide all documents - internal and external -
from your department and Minister related to the Australian government
exercising its rights under the dispute settlement provisions in Chapter
21 of AUSFTA post 9 January 2025?
If it emerges that the scope of your request is unclear or is too large
for processing, the department will contact you to discuss re-scoping the
request.
Timeframe for receiving our decision
We received your request on 20 August 2025, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by: 19 September 2025 .
Charges
Please note that the department may issue charges for processing FOI
requests. If applicable, we will advise you of any relevant charges when
we are in a position to estimate the resources required to process your
request.
Disclosure log
Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s disclosure log.
Exclusion of officials’ names and contact details
It is the department’s policy to withhold the personal information of
junior staff from ministerial offices and government officials not in the
Senior Executive Service (SES) or equivalent, including their email
addresses and contact numbers, together with all signatures, mobile phone
numbers, departmental inboxes and technical transmission details including
reference numbers.
Duplicate documents and incomplete email chains
Your request will be processed on the basis that you did not intend to
capture duplicate documents or duplicate emails within email chains.
If you require the excluded information or documents, please let us know
at [1][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.
Personal Information
If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. Further information on the way the department
handles personal information is accessible via our privacy policy.
Should you require any further information, please do not hesitate to
contact us by reply email.
Kind Regards
DFAT FOI Team
_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
[2]dfat.gov.au | [3]X | [4]Facebook | [5]Instagram | [6]LinkedIn
© Brooke Rigney-Lively (2024)
We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging
-----Original Message-----
From: Sean <[FOI #13518 email]>
Sent: Wednesday, 20 August 2025 1:31 PM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Freedom of Information request - Australia-United
States Free Trade Agreement (AUSFTA) - Dispute Settlement
CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.
Dear Department of Foreign Affairs and Trade,
The Australia-United States Free Trade Agreement (AUSFTA) entered into
force on 1 January 2005. Upon AUSFTA's entry into force, more than 97 per
cent of Australia's non-agricultural exports to the United States
(excluding textiles and clothing) became duty free and two-thirds of
agricultural tariff lines went to zero.
However, in clear breach of the AUSFTA, the American lead Trump government
has imposed a 10 per cent baseline tariff on most imported goods,
effective 9 April 2025. Most goods originating in Australia are subject to
this tariff on import into the US.
Under FOI, can you please provide all documents - internal and external -
from your department and Minister related to the Australian government
exercising its rights under the dispute settlement provisions in Chapter
21 of AUSFTA post 9 January 2025?
As a further request, under FOI please provide all documents pertaining to
the Australian government taking the USA to the World Trade Organisation
over the imposition of tariffs.
Looking forward to your response.
Yours faithfully,
Sean
-------------------------------------------------------------------
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[FOI #13518 email]
Is [DFAT request email] the wrong address for Freedom of Information requests
to Department of Foreign Affairs and Trade? If so, please contact us using
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This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
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If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
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OFFICIAL
DFAT FOI Reference: LEX 12754
Dear Sean (Right to Know)
Thank you for your email 20 August 2025, seeking access to documents under
the Freedom of Information Act 1982 (FOI Act).
Processing of your request
The department has been assisted by the Trade Law Negotiations and
Disputes Branch in processing your request.
To assist with your request, the Trade Law Negotiations and Disputes
Branch have provided the below information which may assist you in the
consideration of your request:
The US has imposed a 10 per cent ‘reciprocal’ tariff on certain Australian
exports. While this is disappointing, no other country has a lower rate.
And, because these reciprocal tariffs are “stacked” on top of any
pre-existing tariffs, Australia continues to benefit from the removal of
tariffs agreed under the Australia United States Free Trade Agreement
(AUSFTA).
Nevertheless, the Australian Government has been engaging – and will
continue to engage – with the United States in strongly advocating for the
removal of these unjustified tariffs. We have good arguments to make to
the United States, and we have been making them.
Several countries which are also subject to the United States’ tariffs
have started the process of taking dispute settlement action against the
United States at the World Trade Organization (WTO).
In response, the United States intends to rely on the “essential security
exception” under Article XXI of the General Agreement on Tariffs and Trade
1994. This exception permits a WTO Member to take measures to protect
certain essential security interests, even if those measures would
otherwise breach the WTO’s rules. You can see a statement from the United
States explaining its position at
[1]https://geneva.usmission.gov/2025/04/10/....
AUSFTA similarly contains an “essential security exception”.
It is uncertain whether the United States will succeed in relying on the
exception in the event these disputes proceed to adjudication.
Australia has not – to date – taken a dispute against the United States at
the WTO. Nor has it exercised its rights under the dispute settlement
provisions in Chapter 21 of AUSFTA.
The Government prefers discussion to disputation where feasible. Moreover,
Australia does not take the decision to initiate a dispute lightly. In
general, a range of considerations inform a decision as to whether to
initiate a dispute. Of course, weighing these considerations can change
over time and dispute options remain available to Australia.
No country is better prepared than Australia for what has occurred.
Australia’s diversified trading relationships, backed by our global
framework of free trade agreements, means our world class producers can
access a range of international markets.
The Government will continue to engage directly with Australian industry
and support Australian jobs. We are providing support to affected
exporters through Austrade, including through the Go Global Toolkit.
Next steps
So that the department can continue to process your request, the
department would like to confirm whether:
A. After reading and considering the above, you would like to withdraw
your request; or
B. Have a brief discussion with the Acting Assistant Secretary of the
Trade Law Negotiations and Disputes Branch; or
C. Proceed with the processing of your FOI request
Should you wish to proceed with option A, we would require your written
confirmation that you agree to withdraw your request.
In the event that you are not satisfied with the information provided to
you and would like to proceed with option C, the department can continue
processing your request. However, we note that your request may enliven a
practical refusal reason as the department may hold a substantive number
of documents.
Please provide your response as to how you would like for our team to
proceed with processing your request by: 17:00 Tuesday 16 September 2025.
Please don’t hesitate to contact us should you have any questions or
concerns.
Kind Regards
DFAT FOI Team
_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
[2]dfat.gov.au | [3]X | [4]Facebook | [5]Instagram | [6]LinkedIn
© Brooke Rigney-Lively (2024)
We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging
From: FOI
Sent: Wednesday, 10 September 2025 12:55 PM
To: Sean <[FOI #13518 email]>
Subject: Your DFAT FOI Request - Acknowledgement - LEX 12754
[SEC=OFFICIAL]
OFFICIAL
DFAT FOI Reference: LEX 12754
Dear Sean (Right to Know)
Thank you for your email dated 20 August 2025, seeking access to documents
under the Freedom of Information Act 1982 (FOI Act).
This email sets out some information about how your request will be
processed by the Department of Foreign Affairs and Trade (the
department).
Scope of request
You have requested for access to:
Under FOI, can you please provide all documents - internal and external -
from your department and Minister related to the Australian government
exercising its rights under the dispute settlement provisions in Chapter
21 of AUSFTA post 9 January 2025?
If it emerges that the scope of your request is unclear or is too large
for processing, the department will contact you to discuss re-scoping the
request.
Timeframe for receiving our decision
We received your request on 20 August 2025, and the 30-day statutory
period for processing your request commenced from the day after that date.
A decision is currently due to you by: 19 September 2025 .
Charges
Please note that the department may issue charges for processing FOI
requests. If applicable, we will advise you of any relevant charges when
we are in a position to estimate the resources required to process your
request.
Disclosure log
Please note that, with some exceptions (such as personal information),
documents released under the FOI Act may later be published on the
department’s disclosure log.
Exclusion of officials’ names and contact details
It is the department’s policy to withhold the personal information of
junior staff from ministerial offices and government officials not in the
Senior Executive Service (SES) or equivalent, including their email
addresses and contact numbers, together with all signatures, mobile phone
numbers, departmental inboxes and technical transmission details including
reference numbers.
Duplicate documents and incomplete email chains
Your request will be processed on the basis that you did not intend to
capture duplicate documents or duplicate emails within email chains.
If you require the excluded information or documents, please let us know
at [7][DFAT request email] so the decision-maker may consider; otherwise, we
will take it that you agree to the information and documents being
excluded from the scope of your request.
Personal Information
If we need to consult with other people or organisations regarding your
FOI request, we may need to disclose your personal information (e.g. your
name). When we consult it may be apparent that you have made a request,
even if we do not disclose your identity. Please let us know if you have
any concerns in this regard. Further information on the way the department
handles personal information is accessible via our privacy policy.
Should you require any further information, please do not hesitate to
contact us by reply email.
Kind Regards
DFAT FOI Team
_______________________________
Freedom of Information Section
Public Interest Law Branch | Regulatory and Legal Policy Division
Department of Foreign Affairs and Trade
[8]dfat.gov.au | [9]X | [10]Facebook | [11]Instagram | [12]LinkedIn
© Brooke Rigney-Lively (2024)
We acknowledge the Traditional Custodians of Country throughout Australia,
and their continuing connection to land, waters and community. We pay our
respects to all First Nations peoples, their cultures and to their Elders,
past, present and emerging
-----Original Message-----
From: Sean <[FOI #13518 email]>
Sent: Wednesday, 20 August 2025 1:31 PM
To: FOI <[DFAT request email]>
Subject: [EXTERNAL] Freedom of Information request - Australia-United
States Free Trade Agreement (AUSFTA) - Dispute Settlement
CAUTION: This email originated from outside the organisation. Do not click
links or open attachments unless you recognise the sender.
Dear Department of Foreign Affairs and Trade,
The Australia-United States Free Trade Agreement (AUSFTA) entered into
force on 1 January 2005. Upon AUSFTA's entry into force, more than 97 per
cent of Australia's non-agricultural exports to the United States
(excluding textiles and clothing) became duty free and two-thirds of
agricultural tariff lines went to zero.
However, in clear breach of the AUSFTA, the American lead Trump government
has imposed a 10 per cent baseline tariff on most imported goods,
effective 9 April 2025. Most goods originating in Australia are subject to
this tariff on import into the US.
Under FOI, can you please provide all documents - internal and external -
from your department and Minister related to the Australian government
exercising its rights under the dispute settlement provisions in Chapter
21 of AUSFTA post 9 January 2025?
As a further request, under FOI please provide all documents pertaining to
the Australian government taking the USA to the World Trade Organisation
over the imposition of tariffs.
Looking forward to your response.
Yours faithfully,
Sean
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #13518 email]
Is [DFAT request email] the wrong address for Freedom of Information requests
to Department of Foreign Affairs and Trade? If so, please contact us using
this form:
https://aus01.safelinks.protection.outlo...
This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:
https://aus01.safelinks.protection.outlo...
Please note that in some cases publication of requests and responses will
be delayed.
If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.
-------------------------------------------------------------------
References
Visible links
1. https://geneva.usmission.gov/2025/04/10/...
2. https://www.dfat.gov.au/
https://www.dfat.gov.au/
3. https://x.com/dfat
https://x.com/DFAT
4. https://www.facebook.com/dfat.gov.au/
https://www.facebook.com/dfat.gov.au/
5. https://www.instagram.com/dfat/?hl=en
https://www.instagram.com/dfat/?hl=en
6. https://au.linkedin.com/company/departme...
https://au.linkedin.com/company/departme...
7. mailto:[DFAT request email]
8. https://www.dfat.gov.au/
https://www.dfat.gov.au/
9. https://x.com/dfat
https://x.com/DFAT
10. https://www.facebook.com/dfat.gov.au/
https://www.facebook.com/dfat.gov.au/
11. https://www.instagram.com/dfat/?hl=en
https://www.instagram.com/dfat/?hl=en
12. https://au.linkedin.com/company/departme...
https://au.linkedin.com/company/departme...
Dear FOI,
On the basis of information provided, I would now like to withdraw my FOI request.
Yours sincerely,
Sean