DFARS Rule Implements U.K. and Australia Defense Trade Treaties

The Department of Defense has adopted as final, with changes, an interim rule ( ¶70,016.712, DFARS Case 2012-D034 ) that amended the Defense Federal Acquisition Regulation Supplement to implement requirements of the Treaty Between the Government of the United States of America and the Government of the United Kingdom of Great Britain and Northern Ireland Concerning Defense Trade Cooperation and the Security Cooperation Act of 2010 regarding export control regulations between the U.S. and the U.K. In addition to making technical and editorial changes to the interim version of the rule, the final rule also implements the Treaty Between the Government of the United States of America and the Government of Australia Concerning Defense Trade Cooperation, the associated Implementing Arrangement, and the Department of State implementing regulations, all of which generally parallel the U.K. Treaty and its implementing arrangements and regulations.

Export Controls Streamlined

This final rule streamlines the export control regulations between the U.S and Australia and the U.S. and the U.K. under specified circumstances. The U.S. concluded the treaties with Australia and the U.K. to enable their militaries, security authorities, and approved industries to exchange defense articles, technical information, and defense services more freely. The treaties establish certain exemptions from International Traffic in Arms Regulations requirements. Other exports and transfers remain governed by the Arms Export Control Act (22 USC 2778, et seq.) and the ITAR. The treaties, implementing arrangements, and other useful resources are available at http://pmddtc.state.gov/treaties/index.html . The rule removes and reserves DFARS Subpart 204.73, Export-Controlled Items, and revises DFARS Subpart 235.79 in its entirety. Also, the rule moves the clause at DFARS 252.204-7008, Export-Controlled Items, to DFARS 252.225-7048, and revises DFARS 235.071, DFARS 252.225-7046, and DFARS 252.225-7047. Finally, the rule makes related changes to the DFARS companion resource, Procedures, Guidance, and Information, at new PGI 225.7901-2 through revised PGI 225.7902-4. The effective date of the final rule is June 17, 2013. For the text of the rule, see ¶70,016.757.