skip to main content

S. 3581 (111th): Defense Trade Cooperation Treaties Implementation Act of 2010


The text of the bill below is as of Jul 14, 2010 (Introduced).


II

111th CONGRESS

2d Session

S. 3581

IN THE SENATE OF THE UNITED STATES

July 14, 2010

introduced the following bill; which was read twice and referred to the Committee on Foreign Relations

A BILL

To implement certain defense trade treaties.

1.

Short title

This Act may be cited as the Defense Trade Treaty Implementation Act of 2010.

2.

Exemption from requirements for bilateral agreements

Section 38(j)(1) of the Arms Export Control Act (22 U.S.C. 2778(j)(1)) is amended—

(1)

in the subparagraph heading for subparagraph (B), by inserting for Canada after Exception; and

(2)

by adding at the end the following new subparagraph:

(C)

Exception for defense trade cooperation treaties

The requirement to conclude a bilateral agreement in accordance with subparagraph (A) shall not apply with respect to an exemption from the licensing requirements of this Act for the export of defense items to give effect to any of the following defense trade cooperation treaties, provided that the treaty has entered into force pursuant to Article II, Section 2, clause 2 of the Constitution of the United States:

(i)

The Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London June 21 and 26, 2007 (and any implementing arrangement thereto).

(ii)

The Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney September 23, 2007 (and any implementing arrangement thereto).

.

3.

Enforcement

(a)

Criminal violations

Section 38(c) of such Act is amended by striking this section or section 39, or any rule or regulation issued under either section and inserting this section, section 39, a treaty referred to in subsection (j)(1)(C), or any rule or regulation issued under this section or section 39, including any rule or regulation issued under this section to implement or enforce a treaty referred to in subsection (j)(1)(C) or an implementing arrangement pursuant to such treaty.

(b)

Enforcement powers of President

Section 38(e) of such Act is amended by striking defense services, and inserting defense services, including defense articles and defense services exported or imported pursuant to a treaty referred to in subsection (j)(1)(C),.

(c)

Notification regarding exemptions from licensing requirements

Section 38(f) of such Act is amended by adding at the end the following new paragraph:

(4)

Paragraph (2) shall not apply with respect to an exemption under subsection (j)(1)(A) to give effect to a treaty referred to in subsection (j)(1)(C) (and any implementing arrangements to such treaty), provided that the President promulgates regulations to implement and enforce such treaty under this section and section 39.

.

4.

Congressional notification

(a)

Eligibility for defense articles or defense articles

Section 3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) is amended by inserting after approved under section 38 of this Act the following: or has been exempted from the licensing requirements of this Act pursuant to section 38(j) of this Act.

(b)

Presidential certifications

(1)

Export licenses

Section 36(c) of such Act (22 U.S.C. 2776(c)) is amended by adding at the end the following new paragraph:

(6)

An export pursuant to a treaty referred to in section 38(j)(1)(C) of this Act to which the provisions of paragraph (1) would apply absent an exemption granted under section 38(j)(1) of this Act shall not take place until 15 days after the President has submitted a certification with respect to such export in a similar manner, and containing comparable information, as required under paragraph (1).

.

(2)

Commercial technical assistance or manufacturing licensing agreements

Section 36(d) of such Act (22 U.S.C. 2776(d)) is amended by adding at the end the following new paragraph:

(6)

An export pursuant to a treaty referred to in section 38(j)(1)(C) of this Act to which the provisions of paragraph (1) would apply absent an exemption granted under section 38(j)(1) of this Act shall not take place until 15 days after the President has submitted a certification with respect to such export in a similar manner, and containing comparable information, as required under paragraph (1).

.

5.

Implementing regulations

The President is authorized to issue regulations pursuant to the Arms Export Control Act (22 U.S.C. 2751 et seq.) to implement and enforce the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London June 21 and 26, 2007 (and any implementing arrangement thereto), and the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney September 23, 2007 (and any implementing arrangement thereto), consistent with other applicable provisions of the Arms Export Control Act, as amended by this Act, and with the terms of any resolution of advice and consent adopted by the Senate with respect to either treaty.

6.

Rule of construction

Nothing in this Act, or in the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation, done at Washington and London on June 21 and 26, 2007 (and any implementing arrangement thereto), or in the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, done at Sydney, September 23, 2007 (and any implementing arrangement thereto), or in any regulation issued to implement either treaty, shall be construed to modify or supersede any provision of law or regulation other than the Arms Export Control Act (22 U.S.C. 2751 et seq.), as amended by this Act, and regulations issued pursuant to such Act.