PUBLIC LAW 111–266—OCT. 8, 2010 124 STAT. 2797 

Public Law 111–266 

111th Congress 

An Act 

To implement certain defense trade cooperation treaties, and for other purposes. 

Be it enacted by the Senate and House of Representatives of 

the United States of America in Congress assembled, 

SECTION 1. SHORT TITLE. 

This Act may be cited as the ‘‘Security Cooperation Act of 

2010’’. 

TITLE I—DEFENSE TRADE 

COOPERATION TREATIES 

SEC. 101. SHORT TITLE. 

This title may be cited as the ‘‘Defense Trade Cooperation 

Treaties Implementation Act of 2010’’. 

SEC. 102. EXEMPTIONS FROM REQUIREMENTS. 

(a) RETRANSFER REQUIREMENTS.—Section 3(b) of the Arms 

Export Control Act (22 U.S.C. 2753(b)) is amended by inserting 

‘‘a treaty referred to in section 38(j)(1)(C)(i) of this Act permits 

such transfer without prior consent of the President, or if’’ after 

‘‘if’’. 

(b) BILATERAL AGREEMENT REQUIREMENTS.—Section 38(j)(1) of 

such 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.— 

‘‘(i) IN GENERAL.—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 on 

22 USC 2751 

note. 

Defense Trade 

Cooperation 

Treaties 

Implementation 

Act of 2010. 

22 USC 2751 

note. 

Security 

Cooperation Act 

of 2010. 

Oct. 8, 2010 

[S. 3847] 


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124 STAT. 2798 PUBLIC LAW 111–266—OCT. 8, 2010 

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 5, 2007 (and any 

implementing arrangement thereto). 

‘‘(ii) LIMITATION OF SCOPE.—The United States 

shall exempt from the scope of a treaty referred to 

in clause (i)— 

‘‘(I) complete rocket systems (including ballistic missile systems, space launch vehicles, and 

sounding rockets) or complete unmanned aerial 

vehicle systems (including cruise missile systems, 

target drones, and reconnaissance drones) capable 

of delivering at least a 500 kilogram payload to 

a range of 300 kilometers, and associated production facilities, software, or technology for these 

systems, as defined in the Missile Technology Control Regime Annex Category I, Item 1; 

‘‘(II) individual rocket stages, re-entry vehicles 

and equipment, solid or liquid propellant motors 

or engines, guidance sets, thrust vector control 

systems, and associated production facilities, software, and technology, as defined in the Missile 

Technology Control Regime Annex Category I, 

Item 2; 

‘‘(III) defense articles and defense services 

listed in the Missile Technology Control Regime 

Annex Category II that are for use in rocket systems, as that term is used in such Annex, including 

associated production facilities, software, or technology; 

‘‘(IV) toxicological agents, biological agents, 

and associated equipment, as listed in the United 

States Munitions List (part 121.1 of chapter I of 

title 22, Code of Federal Regulations), Category 

XIV, subcategories (a), (b), (f)(1), (i), (j) as it pertains to (f)(1), (l) as it pertains to (f)(1), and (m) 

as it pertains to all of the subcategories cited in 

this paragraph; 

‘‘(V) defense articles and defense services specific to the design and testing of nuclear weapons 

which are controlled under United States Munitions List Category XVI(a) and (b), along with 

associated defense articles in Category XVI(d) and 

technology in Category XVI(e); 

‘‘(VI) with regard to the treaty cited in clause 

(i)(I), defense articles and defense services that 

the United States controls under the United States 

Munitions List that are not controlled by the 

United Kingdom, as defined in the United 

Kingdom Military List or Annex 4 to the United 

Kingdom Dual Use List, or any successor lists 

thereto; and 

‘‘(VII) with regard to the treaty cited in clause 

(i)(II), defense articles for which Australian laws, 


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regulations, or other commitments would prevent 

Australia from enforcing the control measures 

specified in such treaty.’’. 

SEC. 103. ENFORCEMENT. 

(a) CRIMINAL VIOLATIONS.—Section 38(c) of such Act (22 U.S.C. 

2778(c)) 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)(i), 

or any rule or regulation issued under this section or section 39, 

including any rule or regulation issued to implement or enforce 

a treaty referred to in subsection (j)(1)(C)(i) or an implementing 

arrangement pursuant to such treaty’’. 

(b) ENFORCEMENT POWERS OF PRESIDENT.—Section 38(e) of such 

Act (22 U.S.C. 2278(e)) 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)(i),’’. 

(c) NOTIFICATION REGARDING EXEMPTIONS FROM LICENSING

REQUIREMENTS.—Section 38(f) of such Act (22 U.S.C. 2778(f)) 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) to give effect to a treaty referred 

to in subsection (j)(1)(C)(i) (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.’’. 

(d) INCENTIVE PAYMENTS.—Section 39A(a) of such Act (22 

U.S.C. 2779a(a)) is amended by inserting ‘‘or exported pursuant 

to a treaty referred to in section 38(j)(1)(C)(i) of this Act’’ after 

‘‘under this Act’’. 

SEC. 104. CONGRESSIONAL NOTIFICATION. 

(a) RETRANSFERS AND REEXPORTS.—Section 3(d)(3)(A) of such 

Act (22 U.S.C. 2753(d)(3)(A)) is amended by inserting ‘‘or has been 

exempted from the licensing requirements of this Act pursuant 

to a treaty referred to in section 38(j)(1)(C)(i) of this Act where 

such treaty does not authorize the transfer without prior United 

States Government approval’’ after ‘‘approved under section 38 of 

this Act’’. 

(b) DISCRIMINATION.—Section 5(c) of such Act (22 U.S.C. 

2755(c)) is amended by inserting ‘‘or any import or export under 

a treaty referred to in section 38(j)(1)(C)(i) of this Act’’ after ‘‘under 

this Act’’. 

(c) ANNUAL ESTIMATE OF SALES.—Section 25(a) of such Act 

(22 U.S.C. 2765(a)) is amended— 

(1) in paragraph (1), by inserting ‘‘, as well as exports 

pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this 

Act,’’ after ‘‘commercial exports under this Act’’; and 

(2) in paragraph (2), by inserting ‘‘, as well as exports 

pursuant to a treaty referred to in section 38(j)(1)(C)(i) of this 

Act,’’ after ‘‘commercial exports’’. 

(d) PRESIDENTIAL CERTIFICATIONS.— 

(1) EXPORTS.—Section 36(c) of such Act (22 U.S.C. 2776(c)) 

is amended by adding at the end the following new paragraph: 

‘‘(6) The President shall notify the Speaker of the House 

of Representatives and the Chairman of the Committee on 

Foreign Relations of the Senate at least 15 days prior to an 

Deadlines. 

Applicability. 

22 USC 2778. 


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124 STAT. 2800 PUBLIC LAW 111–266—OCT. 8, 2010 

export pursuant to a treaty referred to in section 38(j)(1)(C)(i) 

of this Act to which the provisions of paragraph (1) of this 

subsection would apply absent an exemption granted under 

section 38(j)(1) of this Act, for which purpose such notification 

shall contain information comparable to that specified in paragraph (1) of this subsection.’’. 

(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) The President shall notify the Speaker of the House 

of Representatives and the Chairman of the Committee on 

Foreign Relations of the Senate at least 15 days prior to an 

export pursuant to a treaty referred to in section 38(j)(1)(C)(i) 

of this Act to which the provisions of paragraph (1) of this 

subsection would apply absent an exemption granted under 

section 38(j)(1) of this Act, for which purpose such notification 

shall contain information comparable to that specified in paragraph (1) of this subsection.’’. 

(e) FEES AND POLITICAL CONTRIBUTIONS.—Section 39(a) of such 

Act (22 U.S.C. 2779(a)) is amended— 

(1) in paragraph (1), by striking ‘‘; or’’ and inserting a 

semicolon; 

(2) in paragraph (2), by inserting ‘‘or’’ after the semicolon; 

and 

(3) by adding at the end the following new paragraph: 

‘‘(3) exports of defense articles or defense services pursuant 

to a treaty referenced in section 38(j)(1)(C)(i) of this Act;’’. 

SEC. 105. LIMITATION ON IMPLEMENTING ARRANGEMENTS. 

(a) IN GENERAL.—No amendment to an implementing arrangement concluded pursuant to a treaty referred to in section 

38(j)(1)(C)(i) of the Arms Export Control Act, as added by this 

Act, shall enter into effect for the United States unless the Congress 

adopts, and there is enacted, legislation approving the entry into 

effect of that amendment for the United States. 

(b) COVERED AMENDMENTS.— 

(1) IN GENERAL.—The requirements specified in subsection 

(a) shall apply to any amendment other than an amendment 

that addresses an administrative or technical matter. The 

requirements in subsection (a) shall not apply to any amendment that solely addresses an administrative or technical 

matter. 

(2) U.S.-UK IMPLEMENTING ARRANGEMENT.—In the case of 

the Implementing Arrangement Pursuant to 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, 

signed at Washington February 14, 2008, amendments to which 

the requirements specified in subsection (a) apply shall 

include— 

(A) any amendment to section 2, paragraphs (1), (2), 

or (3) that modifies the criteria governing operations, programs, and projects to which the treaty applies; 

Applicability. 

22 USC 2778 

note. 


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(B) any amendment to section 3, paragraphs (1) or 

(2) that modifies the criteria governing end-use requirements and the requirements for approved community members responding to United States Government solicitations; 

(C) any amendment to section 4, paragraph (4) that 

modifies the criteria for including items on the list of 

defense articles exempt from the treaty; 

(D) any amendment to section 4, paragraph (7) that 

modifies licensing and other applicable requirements 

relating to items added to the list of defense articles exempt 

from the scope of the treaty; 

(E) any amendment to section 7, paragraph (4) that 

modifies the criteria for eligibility in the approved community under the treaty for nongovernmental United Kingdom 

entities and facilities; 

(F) any amendment to section 7, paragraph (9) that 

modifies the conditions for suspending or removing a 

United Kingdom entity from the approved community 

under the treaty; 

(G) any amendment to section 7, paragraphs (11) or 

(12) that modifies the conditions under which individuals 

may be granted access to defense articles exported under 

the treaty; 

(H) any amendment to section 9, paragraphs (1), (3), 

(7), (8), (9), (12), or (13) that modifies the circumstances 

under which United States Government approval is 

required for the re-transfer or re-export of a defense article, 

or to exceptions to such requirement; and 

(I) any amendment to section 11, paragraph (4)(b) that 

modifies conditions of entry to the United Kingdom community under the treaty. 

(3) U.S.-AUSTRALIA IMPLEMENTING ARRANGEMENT.—In the 

case of the Implementing Arrangement Pursuant to the Treaty 

Between the Government of the United States of America and 

the Government of the Australia Concerning Defense Trade 

Cooperation, signed at Washington March 14, 2008, amendments to which the requirements specified in subsection (a) 

apply shall include— 

(A) any amendment to section 2, paragraphs (1), (2), 

or (3) that modifies the criteria governing operations, programs, and projects to which the treaty applies; 

(B) any amendment to section 3, paragraphs (1) or 

(2) that modifies the criteria governing end-use requirements and the requirements for approved community members responding to United States Government solicitations; 

(C) any amendment to section 4, paragraph (4) that 

modifies criteria for including items on the list of defense 

articles exempt from the scope of the treaty; 

(D) any amendment to section 4, paragraph (7) that 

modifies licensing and other applicable requirements 

relating to items added to the list of defense articles exempt 

from the scope of the treaty; 

(E) any amendment to section 6, paragraph (4) that 

modifies the criteria for eligibility in the approved community under the treaty for nongovernmental Australian entities and facilities; 


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124 STAT. 2802 PUBLIC LAW 111–266—OCT. 8, 2010 

(F) any amendment to section 6, paragraph (9) that 

modifies the conditions for suspending or removing an Australian entity from the Australia community under the 

treaty; 

(G) any amendment to section 6, paragraphs (11), (12), 

(13), or (14) that modifies the conditions under which 

individuals may be granted access to defense articles 

exported under the treaty; 

(H) any amendment to section 9, paragraphs (1), (2), 

(4), (7), or (8) that modifies the circumstances under which 

United States Government approval is required for the 

re-transfer or re-export of a defense article, or to exceptions 

to such requirement; and 

(I) any amendment to section 11, paragraph (6) that 

modifies conditions of entry to the Australian community 

under the treaty. 

(c) CONGRESSIONAL NOTIFICATION FOR OTHER AMENDMENTS TO

IMPLEMENTING ARRANGEMENTS.—Not later than 15 days before any 

amendment to an implementing arrangement to which subsection 

(a) does not apply shall take effect, the President shall provide 

to the Committee on Foreign Relations of the Senate and the 

Committee on Foreign Affairs of the House of Representatives a 

report containing— 

(1) the text of the amendment; and 

(2) an analysis of the amendment’s effect, including an 

analysis regarding why subsection (a) does not apply. 

SEC. 106. 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 on 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 5, 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. 

SEC. 107. RULE OF CONSTRUCTION. 

Nothing in this title, 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), the 

Treaty Between the Government of the United States of America 

and the Government of Australia Concerning Defense Trade 

Cooperation, done at Sydney, September 5, 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 the 

International Traffic in Arms Regulations (subchapter M of chapter 

I of title 22, Code of Federal Regulations). 

22 USC 2778 

note. 

President. 

22 USC 2778 

note. 

Deadline. 

President. 

Reports. 


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PUBLIC LAW 111–266—OCT. 8, 2010 124 STAT. 2803 

TITLE II—AUTHORITY TO TRANSFER 

NAVAL VESSELS 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Naval Vessel Transfer Act 

of 2010’’. 

SEC. 202. TRANSFER OF NAVAL VESSELS TO CERTAIN FOREIGN RECIPIENTS. 

(a) TRANSFERS BY GRANT.—The President is authorized to 

transfer vessels to foreign countries on a grant basis under section 

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j), as 

follows: 

(1) INDIA.—To the Government of India, the OSPREY class 

minehunter coastal ships KINGFISHER (MHC–56) and CORMORANT (MHC–57). 

(2) GREECE.—To the Government of Greece, the OSPREY 

class minehunter coastal ships OSPREY (MHC–51), 

BLACKHAWK (MHC–58), and SHRIKE (MHC–62). 

(3) CHILE.—To the Government of Chile, the NEWPORT 

class amphibious tank landing ship TUSCALOOSA (LST–1187). 

(4) MOROCCO.—To the Government of Morocco, the NEWPORT class amphibious tank landing ship BOULDER (LST– 

1190). 

(b) TRANSFER BY SALE.—The President is authorized to transfer 

the OSPREY class minehunter coastal ship ROBIN (MHC–54) to 

the Taipei Economic and Cultural Representative Office of the 

United States (which is the Taiwan instrumentality designated 

pursuant to section 10(a) of the Taiwan Relations Act (22 U.S.C. 

3309(a)) on a sale basis under section 21 of the Arms Export 

Control Act (22 U.S.C. 2761). 

(c) GRANTS NOT COUNTED IN ANNUAL TOTAL OF TRANSFERRED

EXCESS DEFENSE ARTICLES.—The value of a vessel transferred to 

another country on a grant basis pursuant to authority provided 

by subsection (a) shall not be counted against the aggregate value 

of excess defense articles transferred in any fiscal year under section 

516 of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j). 

(d) COSTS OF TRANSFERS.—Any expense incurred by the United 

States in connection with a transfer authorized by this section 

shall be charged to the recipient (notwithstanding section 516(e) 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2321j(e))). 

(e) REPAIR AND REFURBISHMENT IN UNITED STATES SHIPYARDS.—To the maximum extent practicable, the President shall 

require, as a condition of the transfer of a vessel under this section, 

that the recipient to which the vessel is transferred have such 

repair or refurbishment of the vessel as is needed, before the 

vessel joins the naval forces of the recipient, performed at a shipyard 

located in the United States, including a United States Navy shipyard. 

(f) EXPIRATION OF AUTHORITY.—The authority to transfer a 

vessel under this section shall expire at the end of the 2-year 

period beginning on the date of the enactment of this Act. 

Time period. 

President. 

President. 

Naval Vessel 

Transfer Act of 

2010. 


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124 STAT. 2804 PUBLIC LAW 111–266—OCT. 8, 2010 

LEGISLATIVE HISTORY—S. 3847: 

CONGRESSIONAL RECORD, Vol. 156 (2010): 

Sept. 27, considered and passed Senate. 

Sept. 28, considered and passed House. 

Æ 

TITLE III—OTHER MATTERS 

SEC. 301. EXPEDITED CONGRESSIONAL DEFENSE EXPORT REVIEW 

PERIOD FOR ISRAEL. 

The Arms Export Control Act (22 U.S.C. 2751 et seq.) is 

amended— 

(1) in sections 3(d)(2)(B), 3(d)(3)(A)(i), 3(d)(5), 21(e)(2)(A), 

36(b), 36(c), 36(d)(2)(A), 62(c)(1), and 63(a)(2), by inserting 

‘‘Israel,’’ before ‘‘or New Zealand’’ each place it appears; and 

(2) in section 3(b)(2), by inserting ‘‘the Government of 

Israel,’’ before ‘‘or the Government of New Zealand’’. 

SEC. 302. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY. 

(a) DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2005.— 

Section 12001(d) of the Department of Defense Appropriations Act, 

2005 (Public Law 108–287; 118 Stat. 1011) is amended by striking 

‘‘more than 4 years after’’ and inserting ‘‘more than 8 years after’’. 

(b) FOREIGN ASSISTANCE ACT OF 1961.—Section 514(b)(2)(A) 

of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) 

is amended by striking ‘‘fiscal years 2007 and 2008’’ and inserting 

‘‘fiscal years 2011 and 2012’’. 

Approved October 8, 2010. 

22 USC 2753, 

2761, 2776, 

2796a, 2796b. 


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