aukus 11 April 2024

AUKUS partners report ‘progress’ in aligning export controls, but ITAR hurdle remains

Australia, the United Kingdom and the United States say they are continuing to update laws and policies to move ahead with their AUKUS pact, making progress in aligning exports and trade regulations for defense trade and planning ‘maintenance activities’ on US nuclear-powered submarines (‘SSNs’) in Australia this year.

‘Significant, tangible steps to implement the Optimal Pathway have occurred in all three nations in the past year,’ Australian Defence Minister Richard Marles, Britain’s Defence Secretary Grant Shapps and their US counterpart Lloyd Austin said in a joint statement, 8 April. The allies said they were also considering cooperating with Japan on sharing related technology.

‘AUKUS partners remain committed to progressing Australia’s acquisition of conventionally armed, nuclear-powered submarines in a way that sets the highest non-proliferation standards,’ they said, referring to the main aim of the pact to sell five US nuclear-powered submarines to Canberra and for the first time share related nuclear technology with another country.

‘Progress on the AUKUS Defense Ministers’ commitments into the AUKUS Advanced Capabilities endeavour is continuing. Although much of this activity remains classified, AUKUS partners are making strides towards jointly realizing greater maritime awareness through networked autonomy, decision advantage, and enhanced strike,’ their statement said.  ‘Partners are working through our respective National Armaments Directors towards better harmonization of our capability development and acquisition systems to support more seamless and agile cooperation.’

But for all the progress noted in the joint statement, there was no mention of the important reforms on exemptions that the US Congress must make to the International Traffic in Arms Regulations (‘ITAR’), without which the deal cannot go through. It was British Foreign Secretary David Cameron who made reference to this hurdle in opening remarks at a press conference in Washington with his US counterpart, Antony Blinken.

‘I totally agree that AUKUS is a really important alliance,’ Cameron told reporters, 9 April. ‘And I think one of the ways we can make it a success, as well as making sure we build our submarines and invest on time, is making progress on the ITAR regulations. If we’re going to have a partnership as close as this between three likeminded countries, we must be able to have the free flow of munitions between us,’ he added. A report by the Congressional Research Service (‘CRS’) last year said that while some US lawmakers want to speed up ITAR exemptions that stand in the way of AUKUS, others remain more sceptical about the ambitious project.

https://www.defense.gov/News/Releases/Release/Article/3733790/aukus-defense-ministers-jointstatement/