II 

Calendar No. 586 

111TH CONGRESS 

2D SESSION S. 3581 

[Report No. 111–302] 

To implement certain defense trade treaties. 

IN THE SENATE OF THE UNITED STATES 

JULY 14, 2010 

Mr. LUGAR (for himself, Mr. MCCAIN, Mr. KYL, and Mr. WEBB) introduced 

the following bill; which was read twice and referred to the Committee 

on Foreign Relations 

SEPTEMBER 23, 2010 

Reported by Mr. KERRY, with an amendment and an amendment to the title 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. EXEMPTION FROM REQUIREMENTS FOR BILATERAL 

2 AGREEMENTS. 

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

4 U.S.C. 2778(j)(1)) is amended— 

5 (1) in the subparagraph heading for subpara6 graph (B), by inserting ‘‘FOR CANADA’’ after ‘‘EX7 CEPTION’’; and 

8 (2) by adding at the end the following new sub9 paragraph: 

10 ‘‘(C) EXCEPTION FOR DEFENSE TRADE

11 COOPERATION TREATIES.—The requirement to 

12 conclude a bilateral agreement in accordance 

13 with subparagraph (A) shall not apply with re14 spect to an exemption from the licensing re15 quirements of this Act for the export of defense 

16 items to give effect to any of the following de17 fense trade cooperation treaties, provided that 

18 the treaty has entered into force pursuant to 

19 Article II, Section 2, clause 2 of the Constitu20 tion of the United States: 

21 ‘‘(i) The Treaty Between the Govern22 ment of the United States of America and 

23 the Government of the United Kingdom of 

24 Great Britain and Northern Ireland Con25 cerning Defense Trade Cooperation, done 

26 at Washington and London June 21 and 


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1 26, 2007 (and any implementing arrange2 ment thereto). 

3 ‘‘(ii) The Treaty Between the Govern4 ment of the United States of America and 

5 the Government of Australia Concerning 

6 Defense Trade Cooperation, done at Syd7 ney September 23, 2007 (and any imple8 menting arrangement thereto).’’. 

9 SEC. 3. ENFORCEMENT. 

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

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

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

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

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

15 under this section or section 39, including any rule or reg16 ulation issued under this section to implement or enforce 

17 a treaty referred to in subsection (j)(1)(C) or an imple18 menting arrangement pursuant to such treaty’’. 

19 (b) ENFORCEMENT POWERS OF PRESIDENT.—Sec20 tion 38(e) of such Act is amended by striking ‘‘defense 

21 services,’’ and inserting ‘‘defense services, including de22 fense articles and defense services exported or imported 

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

24 (c) NOTIFICATION REGARDING EXEMPTIONS FROM

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


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1 is amended by adding at the end the following new para2 graph: 

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

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

5 a treaty referred to in subsection (j)(1)(C) (and any imple6 menting arrangements to such treaty), provided that the 

7 President promulgates regulations to implement and en8 force such treaty under this section and section 39.’’. 

9 SEC. 4. CONGRESSIONAL NOTIFICATION. 

10 (a) ELIGIBILITY FOR DEFENSE ARTICLES OR DE11 FENSE ARTICLES.—Section 3(d)(3)(A) of such Act (22 

12 U.S.C. 2753(d)(3)(A)) is amended by inserting after ‘‘ap13 proved under section 38 of this Act’’ the following: ‘‘or 

14 has been exempted from the licensing requirements of this 

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

16 (b) PRESIDENTIAL CERTIFICATIONS.— 

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

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

19 the end the following new paragraph: 

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

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

22 paragraph (1) would apply absent an exemption granted 

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

24 15 days after the President has submitted a certification 

25 with respect to such export in a similar manner, and conVerDate Mar 15 2010 23:19 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6401 E:\BILLS\S3581.RS S3581

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1 taining comparable information, as required under para2 graph (1).’’. 

3 (2) COMMERCIAL TECHNICAL ASSISTANCE OR

4 MANUFACTURING LICENSING AGREEMENTS.—Sec5 tion 36(d) of such Act (22 U.S.C. 2776(d)) is 

6 amended by adding at the end the following new 

7 paragraph: 

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

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

10 paragraph (1) would apply absent an exemption granted 

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

12 15 days after the President has submitted a certification 

13 with respect to such export in a similar manner, and con14 taining comparable information, as required under para15 graph (1).’’. 

16 SEC. 5. IMPLEMENTING REGULATIONS. 

17 The President is authorized to issue regulations pur18 suant to the Arms Export Control Act (22 U.S.C. 2751 

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

20 Government of the United States of America and the Gov21 ernment of the United Kingdom of Great Britain and 

22 Northern Ireland Concerning Defense Trade Cooperation, 

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

24 (and any implementing arrangement thereto), and the 

25 Treaty Between the Government of the United States of 


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1 America and the Government of Australia Concerning De2 fense Trade Cooperation, done at Sydney September 23, 

3 2007 (and any implementing arrangement thereto), con4 sistent with other applicable provisions of the Arms Ex5 port Control Act, as amended by this Act, and with the 

6 terms of any resolution of advice and consent adopted by 

7 the Senate with respect to either treaty. 

8 SEC. 6. RULE OF CONSTRUCTION. 

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

10 Government of the United States of America and the Gov11 ernment of the United Kingdom of Great Britain and 

12 Northern Ireland Concerning Defense Trade Cooperation, 

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

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

15 Treaty Between the Government of the United States of 

16 America and the Government of Australia Concerning De17 fense Trade Cooperation, done at Sydney, September 23, 

18 2007 (and any implementing arrangement thereto), or in 

19 any regulation issued to implement either treaty, shall be 

20 construed to modify or supersede any provision of law or 

21 regulation other than the Arms Export Control Act (22 

22 U.S.C. 2751 et seq.), as amended by this Act, and regula23 tions issued pursuant to such Act. 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Defense Trade Coopera3 tion Treaties Implementation Act of 2010’’. 

4 SEC. 2. EXEMPTIONS FROM REQUIREMENTS. 

5 (a) RETRANSFER REQUIREMENTS.—Section 3(b) of 

6 the Arms Export Control Act (22 U.S.C. 2753(b)) is amend7 ed by inserting ‘‘a treaty referred to in section 

8 38(j)(1)(C)(i) of this Act permits such transfer without 

9 prior consent of the President, or if’’ after ‘‘if’’. 

10 (b) BILATERAL AGREEMENT REQUIREMENTS.—Sec11 tion 38(j)(1) of such Act (22 U.S.C. 2778(j)(1)) is amend12 ed— 

13 (1) in the subparagraph heading for subpara14 graph (B), by inserting ‘‘FOR CANADA’’ after ‘‘EXCEP15 TION’’; and 

16 (2) by adding at the end the following new sub17 paragraph: 

18 ‘‘(C) EXCEPTION FOR DEFENSE TRADE CO19 OPERATION TREATIES.— 

20 ‘‘(i) IN GENERAL.—The requirement to 

21 conclude a bilateral agreement in accord22 ance with subparagraph (A) shall not apply 

23 with respect to an exemption from the li24 censing requirements of this Act for the ex25 port of defense items to give effect to any of 

26 the following defense trade cooperation treaVerDate Mar 15 2010 23:19 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6203 E:\BILLS\S3581.RS S3581

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1 ties, provided that the treaty has entered 

2 into force pursuant to article II, section 2, 

3 clause 2 of the Constitution of the United 

4 States: 

5 ‘‘(I) The Treaty Between the Gov6 ernment of the United States of Amer7 ica and the Government of the United 

8 Kingdom of Great Britain and North9 ern Ireland Concerning Defense Trade 

10 Cooperation, done at Washington and 

11 London on June 21 and 26, 2007 (and 

12 any implementing arrangement there13 to). 

14 ‘‘(II) The Treaty Between the 

15 Government of the United States of 

16 America and the Government of Aus17 tralia Concerning Defense Trade Co18 operation, done at Sydney September 

19 5, 2007 (and any implementing ar20 rangement thereto). 

21 ‘‘(ii) LIMITATION OF SCOPE.—The 

22 United States shall exempt from the scope of 

23 a treaty referred to in clause (i)— 

24 ‘‘(I) complete rocket systems (in25 cluding ballistic missile systems, space 


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1 launch vehicles, and sounding rockets) 

2 or complete unmanned aerial vehicle 

3 systems (including cruise missile sys4 tems, target drones, and reconnaissance 

5 drones) capable of delivering at least a 

6 500 kilogram payload to a range of 

7 300 kilometers, and associated produc8 tion facilities, software, or technology 

9 for these systems, as defined in the 

10 Missile Technology Control Regime 

11 Annex Category I, Item 1; 

12 ‘‘(II) individual rocket stages, re13 entry vehicles and equipment, solid or 

14 liquid propellant motors or engines, 

15 guidance sets, thrust vector control sys16 tems, and associated production facili17 ties, software, and technology, as de18 fined in the Missile Technology Control 

19 Regime Annex Category I, Item 2; 

20 ‘‘(III) defense articles and defense 

21 services listed in the Missile Tech22 nology Control Regime Annex Category 

23 II that are for use in rocket systems, as 

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1 cluding associated production facilities, 

2 software, or technology; 

3 ‘‘(IV) toxicological agents, biologi4 cal agents, and associated equipment, 

5 as listed in the United States Muni6 tions List (part 121.1 of chapter I of 

7 title 22, Code of Federal Regulations), 

8 Category XIV, subcategories (a), (b), 

9 (f)(1), (i), (j) as it pertains to (f)(1), 

10 (l) as it pertains to (f)(1), and (m) as 

11 it pertains to all of the subcategories 

12 cited in this paragraph; 

13 ‘‘(V) defense articles and defense 

14 services specific to the design and test15 ing of nuclear weapons which are con16 trolled under United States Munitions 

17 List Category XVI(a) and (b), along 

18 with associated defense articles in Cat19 egory XVI(d) and technology in Cat20 egory XVI(e); 

21 ‘‘(VI) with regard to the treaty 

22 cited in clause (i)(I), defense articles 

23 and defense services that the United 

24 States controls under the United States 

25 Munitions List that are not controlled 


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1 by the United Kingdom, as defined in 

2 the United Kingdom Military List or 

3 Annex 4 to the United Kingdom Dual 

4 Use List, or any successor lists thereto; 

5 and 

6 ‘‘(VII) with regard to the treaty 

7 cited in clause (i)(II), defense articles 

8 for which Australian laws, regulations, 

9 or other commitments would prevent 

10 Australia from enforcing the control 

11 measures specified in such treaty.’’. 

12 SEC. 3. ENFORCEMENT. 

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

14 (22 U.S.C. 2778(c)) is amended by striking ‘‘this section 

15 or section 39, or any rule or regulation issued under either 

16 section’’ and inserting ‘‘this section, section 39, a treaty re17 ferred to in subsection (j)(1)(C)(i), or any rule or regulation 

18 issued under this section or section 39, including any rule 

19 or regulation issued to implement or enforce a treaty re20 ferred to in subsection (j)(1)(C)(i) or an implementing ar21 rangement pursuant to such treaty’’. 

22 (b) ENFORCEMENT POWERS OF PRESIDENT.—Section 

23 38(e) of such Act (22 U.S.C. 2278(e)) is amended by strik24 ing ‘‘defense services,’’ and inserting ‘‘defense services, in25 cluding defense articles and defense services exported or imVerDate Mar 15 2010 23:19 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\S3581.RS S3581

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1 ported pursuant to a treaty referred to in subsection 

2 (j)(1)(C)(i),’’. 

3 (c) NOTIFICATION REGARDING EXEMPTIONS FROM LI4 CENSING REQUIREMENTS.—Section 38(f) of such Act (22 

5 U.S.C. 2778(f)) is amended by adding at the end the fol6 lowing new paragraph: 

7 ‘‘(4) Paragraph (2) shall not apply with respect 

8 to an exemption under subsection (j)(1) to give effect 

9 to a treaty referred to in subsection (j)(1)(C)(i) (and 

10 any implementing arrangements to such treaty), pro11 vided that the President promulgates regulations to 

12 implement and enforce such treaty under this section 

13 and section 39.’’. 

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

15 Act (22 U.S.C. 2779a(a)) is amended by inserting ‘‘or ex16 ported pursuant to a treaty referred to in section 

17 38(j)(1)(C)(i) of this Act’’ after ‘‘under this Act’’. 

18 SEC. 4. CONGRESSIONAL NOTIFICATION. 

19 (a) RETRANSFERS AND REEXPORTS.—Section 

20 3(d)(3)(A) of such Act (22 U.S.C. 2753(d)(3)(A)) is amend21 ed by inserting ‘‘or has been exempted from the licensing 

22 requirements of this Act pursuant to a treaty referred to 

23 in section 38(j)(1)(C)(i) of this Act where such treaty does 

24 not authorize the transfer without prior United States GovVerDate Mar 15 2010 23:19 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6203 E:\BILLS\S3581.RS S3581

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1 ernment approval’’ after ‘‘approved under section 38 of this 

2 Act’’. 

3 (b) DISCRIMINATION.—Section 5(c) of such Act (22 

4 U.S.C. 2755(c)) is amended by inserting ‘‘or any import 

5 or export under a treaty referred to in section 38(j)(1)(C)(i) 

6 of this Act’’ after ‘‘under this Act’’. 

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

8 such Act (22 U.S.C. 2765(a)) is amended— 

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

10 exports pursuant to a treaty referred to in section 

11 38(j)(1)(C)(i) of this Act,’’ after ‘‘commercial exports 

12 under this Act’’; and 

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

14 exports pursuant to a treaty referred to in section 

15 38(j)(1)(C)(i) of this Act,’’ after ‘‘commercial ex16 ports’’. 

17 (d) PRESIDENTIAL CERTIFICATIONS.— 

18 (1) EXPORTS.—Section 36(c) of such Act (22 

19 U.S.C. 2776(c)) is amended by adding at the end the 

20 following new paragraph: 

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

22 the House of Representatives and the Chairman of the 

23 Committee on Foreign Relations of the Senate at least 

24 15 days prior to an export pursuant to a treaty re25 ferred to in section 38(j)(1)(C)(i) of this Act to which 


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1 the provisions of paragraph (1) of this subsection 

2 would apply absent an exemption granted under sec3 tion 38(j)(1) of this Act, for which purpose such noti4 fication shall contain information comparable to that 

5 specified in paragraph (1) of this subsection.’’. 

6 (2) COMMERCIAL TECHNICAL ASSISTANCE OR

7 MANUFACTURING LICENSING AGREEMENTS.—Section 

8 36(d) of such Act (22 U.S.C. 2776(d)) is amended by 

9 adding at the end the following new paragraph: 

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

11 the House of Representatives and the Chairman of the 

12 Committee on Foreign Relations of the Senate at least 

13 15 days prior to an export pursuant to a treaty re14 ferred to in section 38(j)(1)(C)(i) of this Act to which 

15 the provisions of paragraph (1) of this subsection 

16 would apply absent an exemption granted under sec17 tion 38(j)(1) of this Act, for which purpose such noti18 fication shall contain information comparable to that 

19 specified in paragraph (1) of this subsection.’’. 

20 (e) FEES AND POLITICAL CONTRIBUTIONS.—Section 

21 39(a) of such Act (22 U.S.C. 2779(a)) is amended— 

22 (1) in paragraph (1), by striking ‘‘; or’’ and in23 serting a semicolon; 

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

25 semicolon; and 


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1 (3) by adding at the end the following new para2 graph: 

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

4 pursuant to a treaty referenced in section 

5 38(j)(1)(C)(i) of this Act;’’. 

6 SEC. 5. LIMITATION ON IMPLEMENTING ARRANGEMENTS. 

7 (a) IN GENERAL.—No amendment to an implementing 

8 arrangement concluded pursuant to a treaty referred to in 

9 section 38(j)(1)(C)(i) of the Arms Export Control Act, as 

10 added by this Act, shall enter into effect for the United 

11 States unless the Congress adopts, and there is enacted, leg12 islation approving the entry into effect of that amendment 

13 for the United States. 

14 (b) COVERED AMENDMENTS.— 

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

16 subsection (a) shall apply to any amendment other 

17 than an amendment that addresses an administrative 

18 or technical matter. The requirements in subsection 

19 (a) shall not apply to any amendment that solely ad20 dresses an administrative or technical matter. 

21 (2) U.S.-UK IMPLEMENTING ARRANGEMENT.—In 

22 the case of the Implementing Arrangement Pursuant 

23 to the Treaty Between the Government of the United 

24 States of America and the Government of the United 

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1 cerning Defense Trade Cooperation, signed at Wash2 ington February 14, 2008, amendments to which the 

3 requirements specified in subsection (a) apply shall 

4 include— 

5 (A) any amendment to section 2, para6 graphs (1), (2), or (3) that modifies the criteria 

7 governing operations, programs, and projects to 

8 which the treaty applies; 

9 (B) any amendment to section 3, para10 graphs (1) or (2) that modifies the criteria gov11 erning end-use requirements and the require12 ments for approved community members re13 sponding to United States Government solicita14 tions; 

15 (C) any amendment to section 4, paragraph 

16 (4) that modifies the criteria for including items 

17 on the list of defense articles exempt from the 

18 treaty; 

19 (D) any amendment to section 4, paragraph 

20 (7) that modifies licensing and other applicable 

21 requirements relating to items added to the list 

22 of defense articles exempt from the scope of the 

23 treaty; 

24 (E) any amendment to section 7, paragraph 

25 (4) that modifies the criteria for eligibility in the 


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1 approved community under the treaty for non2 governmental United Kingdom entities and fa3 cilities; 

4 (F) any amendment to section 7, paragraph 

5 (9) that modifies the conditions for suspending 

6 or removing a United Kingdom entity from the 

7 approved community under the treaty; 

8 (G) any amendment to section 7, para9 graphs (11) or (12) that modifies the conditions 

10 under which individuals may be granted access 

11 to defense articles exported under the treaty; 

12 (H) any amendment to section 9, para13 graphs (1), (3), (7), (8), (9), (12), or (13) that 

14 modifies the circumstances under which United 

15 States Government approval is required for the 

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

17 exceptions to such requirement; and 

18 (I) any amendment to section 11, para19 graph (4)(b) that modifies conditions of entry to 

20 the United Kingdom community under the trea21 ty. 

22 (3) U.S.-AUSTRALIA IMPLEMENTING ARRANGE23 MENT.—In the case of the Implementing Arrangement 

24 Pursuant to the Treaty Between the Government of 

25 the United States of America and the Government of 


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1 the Australia Concerning Defense Trade Cooperation, 

2 signed at Washington March 14, 2008, amendments 

3 to which the requirements specified in subsection (a) 

4 apply shall include— 

5 (A) any amendment to section 2, para6 graphs (1), (2), or (3) that modifies the criteria 

7 governing operations, programs, and projects to 

8 which the treaty applies; 

9 (B) any amendment to section 3, para10 graphs (1) or (2) that modifies the criteria gov11 erning end-use requirements and the require12 ments for approved community members re13 sponding to United States Government solicita14 tions; 

15 (C) any amendment to section 4, paragraph 

16 (4) that modifies criteria for including items on 

17 the list of defense articles exempt from the scope 

18 of the treaty; 

19 (D) any amendment to section 4, paragraph 

20 (7) that modifies licensing and other applicable 

21 requirements relating to items added to the list 

22 of defense articles exempt from the scope of the 

23 treaty; 

24 (E) any amendment to section 6, paragraph 

25 (4) that modifies the criteria for eligibility in the 


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1 approved community under the treaty for non2 governmental Australian entities and facilities; 

3 (F) any amendment to section 6, paragraph 

4 (9) that modifies the conditions for suspending 

5 or removing an Australian entity from the Aus6 tralia community under the treaty; 

7 (G) any amendment to section 6, para8 graphs (11), (12), (13), or (14) that modifies the 

9 conditions under which individuals may be 

10 granted access to defense articles exported under 

11 the treaty; 

12 (H) any amendment to section 9, para13 graphs (1), (2), (4), (7), or (8) that modifies the 

14 circumstances under which United States Gov15 ernment approval is required for the re-transfer 

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

17 to such requirement; and 

18 (I) any amendment to section 11, para19 graph (6) that modifies conditions of entry to the 

20 Australian community under the treaty. 

21 (c) CONGRESSIONAL NOTIFICATION FOR OTHER

22 AMENDMENTS TO IMPLEMENTING ARRANGEMENTS.— 

23 (1) IN GENERAL.—Except as noted under para24 graph (2), not later than 15 days before any amend25 ment to an implementing arrangement to which subVerDate Mar 15 2010 23:19 Sep 23, 2010 Jkt 089200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\S3581.RS S3581

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1 section (a) does not apply shall take effect, the Presi2 dent shall provide to the Committee on Foreign Rela3 tions of the Senate and the Committee on Foreign Af4 fairs of the House of Representatives a report con5 taining— 

6 (A) the text of the amendment; and 

7 (B) an analysis of the amendment’s effect, 

8 including an analysis regarding why subsection 

9 (a) does not apply. 

10 (2) EXCEPTIONAL CIRCUMSTANCES.—If the 

11 President determines that it is important to main12 taining the viability and effectiveness of a treaty re13 ferred to in section 38(j)(1)(C)(i) of the Arms Export 

14 Control Act, as added by this Act, to immediately 

15 bring into effect an amendment to an implementing 

16 arrangement to which subsection (a) does not apply, 

17 then no later than 5 days after such amendment shall 

18 come into effect, the President shall provide to the 

19 Committee on Foreign Relations of the Senate and the 

20 Committee on Foreign Affairs of the House of Rep21 resentatives a certification to that effect and the rea22 sons for making the determination, as well as the re23 port required under paragraph (1). 


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1 SEC. 6. IMPLEMENTING REGULATIONS. 

2 The President is authorized to issue regulations pursu3 ant to the Arms Export Control Act (22 U.S.C. 2751 et 

4 seq.) to implement and enforce the Treaty Between the Gov5 ernment of the United States of America and the Govern6 ment of the United Kingdom of Great Britain and Northern 

7 Ireland Concerning Defense Trade Cooperation, done at 

8 Washington and London on June 21 and 26, 2007 (and 

9 any implementing arrangement thereto) and the Treaty Be10 tween the Government of the United States of America and 

11 the Government of Australia Concerning Defense Trade Co12 operation, done at Sydney, September 5, 2007 (and any 

13 implementing arrangement thereto), consistent with other 

14 applicable provisions of the Arms Export Control Act, as 

15 amended by this Act, and with the terms of any resolution 

16 of advice and consent adopted by the Senate with respect 

17 to either treaty. 

18 SEC. 7. RULE OF CONSTRUCTION. 

19 Nothing in this Act, the Treaty Between the Govern20 ment of the United States of America and the Government 

21 of the United Kingdom of Great Britain and Northern Ire22 land Concerning Defense Trade Cooperation, done at Wash23 ington and London on June 21 and 26, 2007 (and any 

24 implementing arrangement thereto), the Treaty Between the 

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1 tion, done at Sydney, September 5, 2007 (and any imple2 menting arrangement thereto), or in any regulation issued 

3 to implement either treaty, shall be construed to modify or 

4 supersede any provision of law or regulation other than the 

5 Arms Export Control Act (22 U.S.C. 2751 et seq.), as 

6 amended by this Act, and the International Traffic in Arms 

7 Regulations (subchapter M of chapter I of title 22, Code 

8 of Federal Regulations). 

Amend the title so as to read: ‘‘To implement certain defense trade cooperation treaties.’’. 


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Calendar No. 586 

111TH CONGRESS 

2D SESSION S. 3581 

[Report No. 111–302] 

A BILL 

To implement certain defense trade treaties. 

SEPTEMBER 23, 2010 

Reported with an amendment and an amendment to the 

title 


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