8/8/2019 UK Export Control Organisation Notice re US-UK Defence Trade Cooperation Treaty

http://slidepdf.com/reader/full/uk-export-control-organisation-notice-re-us-uk-defence-trade-cooperation-treaty 1/2Export Control Organisation Page 1 1 October 2010

You may have heard reported in the press that the US Congress has now ratified theUS-UK Defence Trade Cooperation Treaty. This is excellent news which reflects theclose relationship between both the US and UK.

To clear up any misunderstanding, the ratification of the Treaty by Congress has noimmediate impact on controls of exports from the UK to the US. If you needed anexport licence before, you still need one now.

The UK will however, now proceed to implement the Treaty over the course of thecoming year. During this process, we plan to consult with businesses about thepracticalities, before its formal adoption.

1. Background

UK-US equipment, research and technology cooperation has been hindered over theyears by US export control regulations – principally the International Traffic in ArmsRegulations (ITAR) (the US State Department’s regulations that govern the export ofmilitary equipment). Exports of controlled military goods and information from the USrequire export licences to be obtained from the US Administration which can bebureaucratic and time consuming.

The UK-US Defence Trade Cooperation Treaty was negotiated to facilitatecooperation between the UK and US Governments by removing the need for USITAR export licences for less sensitive categories of technology which aredestined for UK or US government end-use (i.e. it is not to be used for exports to

third parties). The Treaty was signed by Prime Minister Blair and President Bush inJune 2007 and cleared by the UK Parliament in 2007. The associated ImplementingArrangement was then agreed in 2008.

The Treaty is a significant change to how exports are managed and will allow themovement and transfer of equipment and information between pre-approved US andUK government agencies and contractors (the ‘approved community’) without ITARexport licenses. By doing so, it will improve interoperability between UK and US forcesand support to operations and facilitate cooperation between our industries. The quidpro quo for the removal of the need for export licences is that, while Treaty material isin the UK, it will be protected under the Official Secrets Act.

US agreement required the approval of the Senate Foreign Relations Committee(SFRC), the Senate itself and the House of Representatives. Congress has nowagreed the Treaty, enabling implementation to begin.

The Treaty represents a significant change in how the transfer of defence goods ismanaged between the UK and US, and Congress understandably gave it thoroughconsideration, hence the delay in the Treaty being agreed.

NOTICE TO EXPORTERS – 2010/30

US-UK Defence Trade Cooperation Treaty – Ratification by US Congress and impact onUK export licensing system

8/8/2019 UK Export Control Organisation Notice re US-UK Defence Trade Cooperation Treaty

http://slidepdf.com/reader/full/uk-export-control-organisation-notice-re-us-uk-defence-trade-cooperation-treaty 2/2Export Control Organisation Page 2 1 October 2010

2. Contact the ECO

For further details of strategic export controls please contact:

Export Control OrganisationDepartment for Business, Innovation and Skills1 Victoria StreetLondon SW1H 0ETTel:020 7215 4594 or Fax 020 7215 2635Email: eco.help@bis.gsi.gov.uk Website:http://www.businesslink.gov.uk/exportcontrol or http://www.bis.gov.uk/exportcontrol 

This notice is for information purposes only and has no force in law. Please note that where legal advice is required exporters should make their own arrangements.  

Export Control Organisation1 October 2010NTE201030