U.S. Weapons Technology at Risk

Report of the
House International Relations Committee
1 May 2004


The U.S. recently wrapped up negotiations with the the United Kingdom and Australia on agreements for the license-free export of many items on the U.S. Munitions List. These are the first such agreements, which were authorized as part of the Clinton Administration's Defense Trade Security Initiative (DTSI). Licensing exemptions were among the most controversial of the DTSI changes and Congress gave their consent only on the condition that the recipient country take steps to mitigate any potential risks. These steps are spelled out in section 38(j) of the Arms Export Control Act. Despite several years of negotiations, the UK and Australia remain either unwilling or unable to satisfy all of these requirements, and the administration is seeking "legislative relief" from them through an amendment to the Arms Export Control Act.

The following report highlights the dangers of licensing exemptions and the specific shortcomings of the UK and Australia agreements.

  • Full Report (PDF)
  • Report only (no appendices)
  • Appendix 1—Comparison of Military Export Controls in Key Areas
  • Appendix 2—Letter from Chairman Gilman, Chairman Helms, Ranking Member Gejdenson and Ranking Member Biden dated March 16, 2000
  • Appendix 3—Letter from Deputy Assistant Attorney General Swartz to Senior Adviser Holum dated April 27, 2000
  • Appendix 4—Letter from Secretary Cohen to Secretary Albright dated May 5, 2000
  • Appendix 5—Letter from Secretary Cohen to Chairman Gilman dated June 28, 2000
  • Appendix 6—Letter from Chairman Hyde to Secretary Powell dated May 5, 2003 (with enclosure)
  • Appendix 7—Letter from Deputy Secretary Armitage to Chairman Hyde dated May 20, 2003
  • Appendix 8—Letter from Assistant Secretary Kelly to Chairman Hyde dated June 4, 2003 (with attachments—Tabs 1–7). [n.b., Tab 1 intentionally omitted]
  • Appendix 9—Letter from Chairman Hyde to Secretary Powell dated June 25,2003 (with enclosure)
  • Appendix 10—Letter from Assistant Secretary Kelly to Chairman Hyde dated July 25, 2003 (with enclosures)
  • Appendix 11—Department of Homeland Security Press Release, dated September 2003, entitled ‘‘Recent Strategic Investigations by Special Agents of U.S. Immigration and Customs Enforcement (ICE)’’
  • Appendix 12—Letter from Assistant Secretary Kelly to Chairman Hyde dated November 6, 2003 (with enclosures)
  • Appendix 13—Letter from Under Secretary Hutchinson to Chairman Hyde dated November 17, 2003 (with enclosure)
  • Appendix 14—Letter from Assistant Attorney General Moschella to Chairman Hyde dated November 18,2003
  • Appendix 15—Letter from Secretary Powell to Chairman Hyde dated November 25, 2003
  • Appendix 16—Letter from Chairman Hyde and Ranking Member Lantos to Secretary Powell dated February 10, 2004

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