Sec. 9. Open general license for the export, reexport, transfer, and retransfer of certain defense articles to Australia, Canada, and the United Kingdom under ITAR
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Not later than 90 days after the date of the enactment of this Act, the Secretary of State shall publish in the Federal Register a notice of proposed rulemaking relating to amending the International Traffic in Arms Regulations
(ITAR)to establish a Final Rule establishing an Open General Export License for export, reexport, transfer, and retransfer of certain defense articles and services to or between the United States, Australia, Canada, and the United Kingdom. The Open General License shall be available for exports, reexports, transfers, and retransfers of defense articles and services between or among— the Government of Australia; the Government of Canada; the Government of the United Kingdom; members of the Australian Community as defined in part 126.16(d) of the ITAR, at all locations in Australia; members of the United Kingdom Community as defined in part 126.17(d) of the ITAR, at all locations in the United Kingdom; and Canadian-registered persons as defined in part 126.5(b) of the ITAR. The export, reexport, transfer, or retransfer of any unclassified defense article pursuant to subsection
(a)to any of the parties listed in such subsection shall be subject to the following requirements and limitations: Compliance with the requirements of part 123.9(b) of the ITAR. Maintenance of the following records with respect to each export, reexport, transfer, and retransfer: A description of the defense article or service, including technical data. The name and address of the recipient and the end-user, and other available contract information. The name of the person responsible for the transaction. The stated end use of the defense article. The date of the transaction. The method of transfer. Ensuring that such records are made available upon request to the Directorate of Defense Trade Controls
(DDTC)of the Department of State. Defense articles may not be exported, reexported, transferred, or retransferred under the licenses under subsection
(a)if they will be used to support the design, development, engineering, manufacture, production, assembly, testing, repair, maintenance, modification, operation, destruction or processing of missile or space launch vehicles listed as missile technology on the United States Munitions List
(USML)maintained under part 121 of the ITAR. The export, reexport, transfer, or retransfer must take place wholly within or between the physical territory of Australia, Canada, or the United Kingdom and the United States except for the purposes of maintenance, repair, replacement, or overhaul. Any export, reexport, transfer, or retransfer of a defense article other than technical data shall be for end use by, or operation on behalf of, the Government of Australia, the Government of Canada, the Government of the United Kingdom, or the Government of the United States. A license issued pursuant to subsection
(a)may not be utilized by persons to whom a presumption of denial is applied by DDTC pursuant to part 120.1(c) or 127.11(a) of the ITAR, including, among other reasons, for past convictions of certain United States criminal statutes or because the persons are otherwise ineligible to contract with or receive an export or import license from an agency of the United States Government. No exporter may use a license issued pursuant to subsection
(a)to export, reexport, transfer, retransfer, or otherwise provide defense articles, defense services, or technical data to any foreign person subject to any United States sanctions as administered by the Office of Foreign Assets Control (OFAC), subject to any embargo maintained by the United States, or otherwise ineligible to receive defense articles, defense services, or technical data under ITAR license or authorizations. The export, reexport, transfer, or retransfer pursuant to subsection
(a)of any major defense equipment (as defined in part 120.8 of the ITAR) valued (in terms of its original acquisition cost) at $25,000,000 or more or any defense article or related training or other defense service valued (in terms of its original acquisition cost) at $100,000,000 or more shall be notified to Congress for a 15 day formal review period as outlined in the Arms Export Control Act ( 22 U.S.C. 2751 et seq. ).
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Sec. 9
Open general license for the export, reexport, transfer, and retransfer of certain defense articles to Australia, Canada, and the United Kingdom under ITAR
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