II 

111TH CONGRESS 

2D SESSION S. 3581 

To implement certain defense trade treaties. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2010 

Mr. LUGAR 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 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Defense Trade Treaty 

5 Implementation Act of 2010’’. 

6 SEC. 2. EXEMPTION FROM REQUIREMENTS FOR BILATERAL 

7 AGREEMENTS. 

8 Section 38(j)(1) of the Arms Export Control Act (22 

9 U.S.C. 2778(j)(1)) is amended— 

10 (1) in the subparagraph heading for subpara11 graph (B), by inserting ‘‘FOR CANADA’’ after ‘‘EX12 CEPTION’’; and 


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1 (2) by adding at the end the following new sub2 paragraph: 

3 ‘‘(C) EXCEPTION FOR DEFENSE TRADE

4 COOPERATION TREATIES.—The requirement to 

5 conclude a bilateral agreement in accordance 

6 with subparagraph (A) shall not apply with re7 spect to an exemption from the licensing re8 quirements of this Act for the export of defense 

9 items to give effect to any of the following de10 fense trade cooperation treaties, provided that 

11 the treaty has entered into force pursuant to 

12 Article II, Section 2, clause 2 of the Constitu13 tion of the United States: 

14 ‘‘(i) The Treaty Between the Govern15 ment of the United States of America and 

16 the Government of the United Kingdom of 

17 Great Britain and Northern Ireland Con18 cerning Defense Trade Cooperation, done 

19 at Washington and London June 21 and 

20 26, 2007 (and any implementing arrange21 ment thereto). 

22 ‘‘(ii) The Treaty Between the Govern23 ment of the United States of America and 

24 the Government of Australia Concerning 

25 Defense Trade Cooperation, done at SydVerDate Mar 15 2010 00:51 Jul 15, 2010 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3581.IS S3581

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1 ney September 23, 2007 (and any imple2 menting arrangement thereto).’’. 

3 SEC. 3. ENFORCEMENT. 

4 (a) CRIMINAL VIOLATIONS.—Section 38(c) of such 

5 Act is amended by striking ‘‘this section or section 39, 

6 or any rule or regulation issued under either section’’ and 

7 inserting ‘‘this section, section 39, a treaty referred to in 

8 subsection (j)(1)(C), or any rule or regulation issued 

9 under this section or section 39, including any rule or reg10 ulation issued under this section to implement or enforce 

11 a treaty referred to in subsection (j)(1)(C) or an imple12 menting arrangement pursuant to such treaty’’. 

13 (b) ENFORCEMENT POWERS OF PRESIDENT.—Sec14 tion 38(e) of such Act is amended by striking ‘‘defense 

15 services,’’ and inserting ‘‘defense services, including de16 fense articles and defense services exported or imported 

17 pursuant to a treaty referred to in subsection (j)(1)(C),’’. 

18 (c) NOTIFICATION REGARDING EXEMPTIONS FROM

19 LICENSING REQUIREMENTS.—Section 38(f) of such Act 

20 is amended by adding at the end the following new para21 graph: 

22 ‘‘(4) Paragraph (2) shall not apply with respect to 

23 an exemption under subsection (j)(1)(A) to give effect to 

24 a treaty referred to in subsection (j)(1)(C) (and any imple25 menting arrangements to such treaty), provided that the 


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1 President promulgates regulations to implement and en2 force such treaty under this section and section 39.’’. 

3 SEC. 4. CONGRESSIONAL NOTIFICATION. 

4 (a) ELIGIBILITY FOR DEFENSE ARTICLES OR DE5 FENSE ARTICLES.—Section 3(d)(3)(A) of such Act (22 

6 U.S.C. 2753(d)(3)(A)) is amended by inserting after ‘‘ap7 proved under section 38 of this Act’’ the following: ‘‘or 

8 has been exempted from the licensing requirements of this 

9 Act pursuant to section 38(j) of this Act’’. 

10 (b) PRESIDENTIAL CERTIFICATIONS.— 

11 (1) EXPORT LICENSES.—Section 36(c) of such 

12 Act (22 U.S.C. 2776(c)) is amended by adding at 

13 the end the following new paragraph: 

14 ‘‘(6) An export pursuant to a treaty referred to in 

15 section 38(j)(1)(C) of this Act to which the provisions of 

16 paragraph (1) would apply absent an exemption granted 

17 under section 38(j)(1) of this Act shall not take place until 

18 15 days after the President has submitted a certification 

19 with respect to such export in a similar manner, and con20 taining comparable information, as required under para21 graph (1).’’. 

22 (2) COMMERCIAL TECHNICAL ASSISTANCE OR

23 MANUFACTURING LICENSING AGREEMENTS.—Sec24 tion 36(d) of such Act (22 U.S.C. 2776(d)) is 


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1 amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(6) An export pursuant to a treaty referred to in 

4 section 38(j)(1)(C) of this Act to which the provisions of 

5 paragraph (1) would apply absent an exemption granted 

6 under section 38(j)(1) of this Act shall not take place until 

7 15 days after the President has submitted a certification 

8 with respect to such export in a similar manner, and con9 taining comparable information, as required under para10 graph (1).’’. 

11 SEC. 5. IMPLEMENTING REGULATIONS. 

12 The President is authorized to issue regulations pur13 suant to the Arms Export Control Act (22 U.S.C. 2751 

14 et seq.) to implement and enforce the Treaty Between the 

15 Government of the United States of America and the Gov16 ernment of the United Kingdom of Great Britain and 

17 Northern Ireland Concerning Defense Trade Cooperation, 

18 done at Washington and London June 21 and 26, 2007 

19 (and any implementing arrangement thereto), and the 

20 Treaty Between the Government of the United States of 

21 America and the Government of Australia Concerning De22 fense Trade Cooperation, done at Sydney September 23, 

23 2007 (and any implementing arrangement thereto), con24 sistent with other applicable provisions of the Arms Ex25 port Control Act, as amended by this Act, and with the 


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1 terms of any resolution of advice and consent adopted by 

2 the Senate with respect to either treaty. 

3 SEC. 6. RULE OF CONSTRUCTION. 

4 Nothing in this Act, or in the Treaty Between the 

5 Government of the United States of America and the Gov6 ernment of the United Kingdom of Great Britain and 

7 Northern Ireland Concerning Defense Trade Cooperation, 

8 done at Washington and London on June 21 and 26, 2007 

9 (and any implementing arrangement thereto), or in the 

10 Treaty Between the Government of the United States of 

11 America and the Government of Australia Concerning De12 fense Trade Cooperation, done at Sydney, September 23, 

13 2007 (and any implementing arrangement thereto), or in 

14 any regulation issued to implement either treaty, shall be 

15 construed to modify or supersede any provision of law or 

16 regulation other than the Arms Export Control Act (22 

17 U.S.C. 2751 et seq.), as amended by this Act, and regula18 tions issued pursuant to such Act. 

Æ 


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