On the recordSeptember 21, 2010
Today, the Senate Foreign Relations Committee approved the Defense Trade Cooperation Treaties with the U.K. and Australia and their implementing legislation. These treaties would exempt these two countries--two of our most important allies--from our arms export licensing regime. Though I am confident our allies will use these treaties as intended, I am very concerned that these treaties may make it easier for arms dealers to divert weapons to illicit purposes. The Government Accountability Office has reported that diversion of weapons from the United States, including through the U.K. and Australia, is a major source of weapons for countries of concern to the U.S., including Iran. It has also documented how arms smugglers have relied on previous licensing exemption regimes as a cover for the diversion of arms. Finally, it has reported that U.S. officials charged with enforcing our arms export controls are concerned that licensing exemptions reduce the evidentiary trail they use to detect and prosecute the diversion of weapons. While this implementing legislation will enhance reporting to Congress, it does nothing to address the problem of not having an evidentiary trail. That is a mistake. I will carefully monitor the implementation of these treaties to ensure that they are not used by arms dealers as cover to divert weapons to illegal end users.
