President Signs Bill to Implement UK, Australia Defense Trade Cooperation Treaties
On October 8, 2010, President Obama signed into law S. 3847, the Security Cooperation Act of 2010. The Act implements Defense Trade Cooperation Treaties with the United Kingdom and Australia and amends other national security-related authorities.
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Certain Exports of Defense Items Allowed to UK, Australia Without Licensing
According to a State Department fact sheet and a review of S. 3847, the Act implements the UK and Australia Defense Trade Cooperation Treaties by allowing the export or transfer of certain defense articles and defense services controlled under the International Traffic in Arms Regulations (ITAR) between certain persons in the U.S. and the UK (pursuant to the U.S.-UK treaty) or between certain persons in the U.S. and Australia (pursuant to the U.S-Australia treaty), without the need for export licenses or other ITAR approvals.
Covered exports/transfers. The State Department fact sheet states that most U.S. defense articles will be able to be exported into, and within, the UK and Australia without prior licenses or other authorizations pursuant to the ITAR as long as the exports are in support of certain:
- U.S. Government end-uses;
- combined military and counter-terrorism operations;
- cooperative security and defense research, development, production, and support programs; and
- mutually agreed security and defense projects where the end-user is the Government of the UK or the Government of Australia.
Excluded exports/transfers. The treaties and the Act specifically exclude exports and transfers of certain defense items such as complete rocket systems, biological agents, etc. This means that export licensing and other ITAR approvals will still be needed for these items. (See Act for complete list of excluded items.)
State Says Treaties Allow More Efficient Equipping of U.S. Forces
According to Secretary of State Clinton, these treaties support U.S. national security interests by creating a system that allows for a more streamlined and efficient movement of defense articles and services, thereby enhancing U.S. ability to equip its armed forces with the best technology available in the most expeditious manner possible.
(See Act for other provisions such as the transfer of certain naval vessels to certain foreign recipients and the extension of war reserves stockpile authority.
See ITT’s Online Archives or 09/30/10 and 09/28/10 news, 10093014 and 10092819, for BP summaries of House and Senate passage of S. 3847.)
State Department Fact Sheet on the Treaties and Act, dated 09/30/10, available here.