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US-UK Treaty Aims to Ease ITAR Export Control Burdens

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In December 2005, “UK Warns USA Over ITAR Arms Restrictions” and “ITAR Fallout: Britain to Pull Out of F-35 JSF Program?” seemed to herald a very difficult period in Anglo-American defense relations. Despite the promises of 2 successive American Presidents, the ITAR exemptions that Britain had sought remained blocked in America’s legislature – and European initiatives to resume defense exports to China were not improving the situation. Meanwhile, MPs in Britain were becoming very insistent on a fix. DID’s articles explained the nature of America’s ITAR arms export restrictions, the issues at play, and the stakes.

In time, many of these issues were worked out. In August 2006, the US and UK reached a technology transfer agreement concerning the F-35 fighter – an agreement that would serve as a model for other F-35 industrial partners. By December 2007, Tier 1 partner Britain had signed the F-35’s Production, Sustainment & Follow On Development MoU.

A broader fix was still on the agenda, however, and in July 2007 it materialized as a a treaty that would change the way the American and British defense firms cooperate on defense programs. The treaty is progressing toward ratification in Britain, but some key details remain to be worked out. Those details are likely to matter a great deal to the American side in particular.

This Spotlight article aims to act as a one-stop briefing that explains the treaty’s motivation, key terms, and outstanding issues; keeps track of ongoing developments; and links to the key documents. The latest is a release from the AIA industry association, lamenting the US Senate’s failure to consider the UK and Australian treaties during the current (110th) Congress’ term…

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