“To make improvements to the AUKUS partnership, and for other purposes.”
No CRS summary available for this bill.
This section establishes an exemption from presidential consent requirements for reexports, retransfers, or temporary imports of defense articles sold by the United States exclusively between the governments of Australia and the United Kingdom or entities eligible under 22 C.F.R. §126.7(b)(2) (or successor regulations). Such transfers are exempt from consent under section 3(a)(2) of the Arms Export Control Act (AECA) and section 505(a)(1)(B) of the Foreign Assistance Act of 1961 (22 U.S.C. 2314(a)(1)(B)), which generally prohibits grant recipients from transferring U.S.-furnished defense articles without U.S. approval. The section further authorizes related intra-company, intra-organizational, and intra-governmental transfers of such defense articles and services among qualifying officers, employees, and agents under 22 C.F.R. §§120.64 and 126.18 (or successor regulations), including dual or third-country nationals.
This section eliminates the congressional certification requirement for commercial technical assistance or manufacturing license agreements for or in Australia or the United Kingdom under section 36(d)(2) of the Arms Export Control Act by adding a new exemption subparagraph and modifying the existing exemption to cover North Atlantic Treaty Organization countries (excluding the United Kingdom) or Japan. (As background, such certifications are otherwise required prior to executive branch approval of licenses authorizing foreign provision of defense services or technical data related to major defense equipment valued at $1,000,000 or more.)